The Constitutional Court of Moldova recognized the amendments to the Insolvency Law, adopted by the Parliament on December 16, 2020, as unconstitutional.
The corresponding decision was made by the judges of the Constitutional Court after considering the request of the deputy of parliament from the PAS Lilian Сarp, who considered that the mentioned amendments were adopted in violation of legislative procedures. The Constitutional Court judges noted that the violations referred to by the author of the appeal, Lilian Carp - the lack of debate during the adoption of the amendments, which did not allow the deputies to propose their amendments - could affect the parliamentary rules directly established or indirectly arising from Articles 73 and 74 of the Constitution. Thus, since when adopting the contested law, the parliament did not ensure the correct balance between the right of deputies to formulate amendments to draft laws and the principle of parliamentary autonomy, the Constitutional Court stated that this law contradicts Article 73 of the Constitution. Based on the above arguments, the court declared unconstitutional the amendments of December 16, 2020 to the Insolvency Law. The decision is final and not subject to appeal. The amendments to the Insolvency Law, passed by Parliament on December 16, 2020, provided that the insolvency court would consider the claim and issue a determination within 20 days after the application was filed. And before a decision is made to accept the statement of claim for consideration, within three working days after receiving the creditor's statement of claim, the insolvency court shall send the debtor a copy of this statement to state his procedural position by submitting a response to it.// 13.07.2021 — InfoMarket
