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CC suspends €200m lending agreement with Russia


https://www.ipn.md/en/cc-suspends-200m-lending-agreement-with-russia-7965_1073082.html

The Constitutional Court (CC) suspended the legal effect, including the procedure for enforcing the law to ratify the lending agreement between the Government of the Republic of Moldova and the Government of the Russian Federation for the provision of a state financial loan of €200 million to Moldova. The judgment was passed on April 23 following a requisition filed by MP of the Pro Moldova group Sergiu Sîrbu, IPN reports.

The MP requested the CC to verify the constitutionality of the agreement and to suspend the legal effect of the Government decision of March 13 concerning the initiation of negotiations and approval of the signing of the agreement and the Government decision of April 21 concerning the approval of the bill to ratify the agreement.

He noted the suspension of the legal effect of these documents is needed for suspending the legislative procedure for ratifying and enforcing the challenged agreement until the requisition is fully examined.

Examining the application to suspend the legal effect of the challenged documents, the CC noted that Parliament debated the Government decision of April 23 several hours after the Court received the given application.

The Court held that the legal effect of the law, including the procedure for its enforcement, should be suspended based on legal and constitutional provisions. If the assertions of the requisition’s author concerning the violations of provisions of the Constitution are confirmed, the fundamental principles of ownership can be encroached upon.

The Court also said that the legal effect of the law of April 23 should also be suspended because, after the international agreement ratified by Parliament by this law takes effect, the constitutionality of the agreement could not be verified. This way, the CC accepted the suspension application submitted by MP Sergiu Sîrbu.

The CC suspended the legal effect, including the procedure for enforcing the law to ratify the lending agreement between the Government of the Republic of Moldova and the Government of the Russian Federation for the provision of a state financial loan of €200 million to Moldova, until the requisition is fully examined.

The judgment comes into force when it is passed and is published in the Official Gazette.