IPRE experts presented to the Constitutional court an Amicus Curiae opinion on the draft law amending Article 46 of the Constitution (referral no.249c/2021)

2 February 2022

IPRE experts concluded that considering the extent of corruption in the public sector of the Republic of Moldova and the failure of the law enforcement bodies to eradicate this phenomenon through the existing legal levers, the proposed constitutional amendment is justified, as the public interest prevails in this case over the interest of a limited group of subjects, represented by public officials.

At the same time, we reiterate the need to ensure sufficient safeguards in relation to the subjects covered by the proposed amendment to exclude any cases of abusive application of the provision in question. It is also recommended to clarify the circle of subjects covered by the proposed amendment to make the law more predictable and clearer.

For more details, please read the opinion here.

This opinion was drafted in the framework of the project “Strengthening the resilience against the systemic kleptocracy in the Republic of Moldova”, implemented by IPRE and with the financial support of Soros Foundation Moldova. The content of the opinion represents the view of the IPRE experts responsible for drafting it and does not necessarily reflect the opinion of Soros Foundation Moldova.


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