1.

Legal system
Please provide general information on the legal system (e.g. the hierarchy of
laws, whether the legal system is based on civil or common law or some other
legal tradition, whether the legal system relies on a single national law or is
divided between federal and sub-national powers). Please also describe the judicial
system with the hierarchy of courts.
Response:
a) Form of Government:
The Republic of Moldova is a sovereign, independent, unitary and indivisible
state, with a single Constitution, a single level of supreme organs of state power.
The Republic of Moldova is a parliamentary democracy with competitive
multiparty elections. The Constitution provides for legislative and executive
branches, as well as an independent judiciary and a clear separation of powers.
Legislative authority is vested in the unicameral Parliament. Even if the legislative,
the executive and the judiciary branches are separated, they shall cooperate in the
exercise of the assigned prerogatives pursuant to the provisions of the Constitution.
As regards the administrative organizations, the territory of the Republic of
Moldova is divided into: villages, towns, districts and the autonomous territorial-
unit of Gagauzia. Certain towns are declared municipalities under the law.
b) Courts of law:
Justice shall be carried out by the Supreme Court of Justice, courts of appeal
and courts of law.
For certain categories of cases, special law courts may operate under the law.
The Supreme Court of Justice of Moldova is the highest court in the Republic
of Moldova, which ensures the correct and uniform application of legislation by all
courts of law.
The Court of Appeal is the highest instance with regards to the examination
ordinary ways of appeal. Its jurisdiction extends to the examination of civil and
criminal issues. The Court of Appeal considers the appeals against the decisions
delivered in first instance, as well as in other cases provided by law.
The judges sitting in the courts of law are appointed by the President
following a proposal submitted by the Superior Council of Magistracy.
c) The prosecution system:
The prosecution system shall represent the general interests of the society,
defend the rule of law and the citizens` rights and liberties, it shall also supervise
and exercise, under the law, the criminal prosecution and bring the accusation in
the courts of law. The public prosecution system shall include the General
Prosecutor's Office, the territorial and specialized prosecution offices.
The Prosecutor General shall be appointed by the President following a
proposal submitted by the Superior Council of Prosecutors.
 The subordinated public prosecutors shall be designated by the Prosecutor
General following a proposal submitted by the Superior Council of Prosecutors.
d) The normative framework:
The legislation of the Republic of Moldova consists of the following
normative acts:
a) The Constitution of the Republic of Moldova, which is the Supreme Law.
No law or any other legal act, which contravenes the provisions of the
Constitution, shall have legal force;
b) the laws and decisions of the Parliament; There are three categories of laws
- constitutional, organic and ordinary;
c) decrees of the President of the Republic of Moldova;
d) Government decisions and ordinances;
e) the normative acts of central public authorities;
f) the normative acts of autonomous public authorities;
g) the normative acts of authorities of autonomous territorial units with
special legal status (ATU Gagauzia and Transnistria) - applied only within the
territory administered by them;
h) the normative acts of local public administration authorities - applied only
within the territory administered by them.
According to the principle of hierarchy of normative acts, the normative act
drawn up on the basis of a higher level normative act shall not exceed the limits of
the competence established by the higher level act, and cannot contravene its
purpose, principles and provisions. In case of contradictions between norms related
to the same subject of regulation that belong to two normative acts with equal legal
effect and that promote different solutions, the provisions of the last adopted act
shall apply.

Constitutional provisions on human rights and freedoms shall be interpreted

and enforced in accordance with the Universal Declaration of Human Rights, other
conventions and treaties to which the Republic of Moldova is a party. Where
disagreements appear between the conventions and treaties on fundamental human
rights to which the Republic of Moldova is a party and its domestic laws, priority
shall be given to international regulations.

The acts of the Constitutional Court are enforceable, on the entire territory of
the country, for all public authorities and for all persons. Laws and other normative
acts or parts thereof become null and void from the moment the Constitutional
Court delivers the appropriate judgment to that effect.