The Constitutional Court (CC) of Moldova ruled the immediate implementation of the definitive court decisions against the state is mandatory. Until the required changes are made by Parliament, the definitive court decisions against the state must be carried out within three months of the adoption date, similarly to the period for implementing definitive decisions passed by the European Court of Human Rights, IPN reports, quoting the CC decision.
The court decisions on the reparation by the state of the damage caused by violating the right to case examination within a reasonable timeframe or the right to implement the court decision within a reasonable timeframe are implemented when they become irrevocable.
Under the challenged provisions, if the decision presented to budget managers is not implemented within six months, the creditor can ask to initiate the forced implementation in accordance with the Execution Code. The author of the challenge asserted that the given provisions run counter to the Constitution. In this connection, the Court held that a period of three months is enough for the authorities to comply.
The CC’s decision is definitive, cannot be challenged and takes effect when it is adopted and published in the Official Gazette of the Republic of Moldova.
