OF THE REPUBLIC OF MOLDOVA
Adopted on July 29, 1994
WE, the plenipotentiary representatives of the people of the Republic of Moldova, members of Parliament,
STARTING from the age-old aspirations of our people to live in a sovereign country, and fulfilling those aspirations in proclaiming the independence of the Republic of Moldova,
CONSIDERING that while growing into a nation the Moldovan people has given strong evidence of historical and ethnic continuity in its statehood,
STRIVING to satisfy the interests of those of its citizens that, while being of a different ethnic origin, are, together with the Moldovans, forming the Moldovan people,
JUDGING the rule of law, the civic peace, democracy, human dignity, the rights and freedoms of man, the free development of human personality, justice and political pluralism to be supreme political values,
BEING AWARE of our responsibility and duties towards the past, present and future generations,
REASSERTING our devotion to overall human values, and our wish to live in peace and harmony with all the peoples of this world, in accordance with the unanimously acknowledged principles and norms of international law, we herewith adopt for our country this Constitution, and proclaim it to be the SUPREME LAW OF OUR SOCIETY AND STATE.
TITLE I - GENERAL PRINCIPLES
Article 1. The State of the Republic of Moldova
(1) The Republic of Moldova is a sovereign, independent, unitary and indivisible state.
(2) The form of government of the State is the Republic.
Article 10. The Unity of the Nation and the Right to National Identity
(1) The national unity of the Republic of Moldova constitutes the foundation of the State. The Republic of Moldova is the common and indivisible motherland of all her citizens.
(2) The State recognizes and guarantees all its citizens the right to preserve, develop and express their ethnic, cultural, linguistic and religious identity.
Article 13. The National Language, Use of Other Languages
(1) The national language of the Republic of Moldova is Moldovan, and its writing is based on the Latin alphabet.
(2) The Moldovan State acknowledges and protects the right to preserve, develop and use the Russian language and other languages spoken within the national territory of the country.
(3) The State will encourage and promote studies of foreign languages enjoying widespread international usage.
(4) The use of languages in the territory of the Republic of Moldova will be established by organic law.
Article 16. Equality of Rights
(1) It is the foremost duty of the State to respect and protect the human person.
(2) All citizens of the Republic of Moldova are equal before the law and the public authorities, without any discrimination as to race, nationality, ethnic origin, language, religion, sex, political choice, personal property or social origin.
Article 31. Freedom of Conscience
(1) The freedom of conscience is guaranteed, and its manifestations should be in a spirit vof tolerance and mutual respect.
(2) The freedom of religious worship is guaranteed and religious bodies are free to organize themselves according to their own statutes under the rule of law.
(3) In their mutual relationships religious cults are forbidden to use, express or incite to hatred or enmity.
(4) Religious cults are autonomous vis-a-vis the State and shall enjoy the latter's support, including that aimed at providing religious assistance in the army, in hospitals, prisons, homes for the elderly and orphanages.
Article 32. Freedom of Opinion and Expression
(1) All citizens are guaranteed the freedom of opinion as well as the freedom of publicly expressing their thoughts and opinions by way of word, image or any other means possible.
(2) The freedom of expression may not harm the honor, dignity or the rights of other people to have and express their own opinions or judgments.
(3) The law shall forbid and prosecute all actions aimed at denying and slandering the State or the people. Likewise shall be forbidden and prosecuted the instigations to sedition, war, aggression, ethnic, racial or religious hatred, the incitement to discrimination, territorial separatism, public violence, or other actions threatening constitutional order.
Article 35. The Right of Access to Education
(1) The right of access to education is put into effect through the compulsory comprehensive public school system, lyceal (public secondary school) and vocational education, as well as the higher education system, and other forms of instruction and
(2) The State will enforce under the law the right of each person to choose his/her language in which teaching will be effected.
(3) In all forms of educational institutions the study of the country's official language will be ensured.
(4) State public education is free.
(5) All educational institutions, including those that are not financed by the state, shall be established and function under the rule of law.
(6) Higher education institutions have the right to be autonomous.
(7) The access to lyceal, vocational and higher education is equally open to all and is based on personal merit.
(8) The State ensures under the law the freedom of religious education. The State ensures a lay education.
(9) The priority right of choosing an appropriate educational background for children lies with the parents.
Article 77. The President of the Republic of Moldova - the Head of the State
(1) The President of the Republic of Moldova is the head of the State.
(2) The President of the Republic of Moldova represents the State and is the guarantor of national sovereignty, independence, of the unity and territorial integrity of the nation.
Article 78. The Election of the President
(1) The President of the Republic of Moldova is elected by the Parliament by secret suffrage.
(2) Any citizen of the Republic of Moldova over 40 years of age that bas been living in the country for at least 10 years and speaks the state language can be elected President of the Republic of Moldova.
[Article 78 as amended by Law no. 1115-XIV from 05/07/2000]
Article 109. Basic Principles of Local Public Administration
Public administration as manifested in the administrative/territorial units is based on
the principles of local autonomy, of decentralization of public services, of the eligibility
of local public administration authorities and of consulting the citizenry on local problems
of special interest.
(2) The concept of autonomy encompasses both the organization and functioning of local public administration, as well as the management of the communities represented by that administration.
(3) The enforcement of the principles described above may not detract from the unitary character of the State.
Article 111. Special Autonomy Status
(1) The places on the left bank of the Nistru river, as well as certain other places in
the south of the Republic of Moldova may be granted special forms of autonomy according to
special statutory provisions of organic law.
(2) The organic laws establishing special statutes for the places mentioned under paragraph (1) above may be amended if three fifths of the Parliament members support such amendments.
Article 118. Language used in Hearings and Right to Use an Interpreter.
(1) Legal cases will be heard in the Moldovan language.
(2) Those persons who do not know or are unable to speak Moldovan have the right to take knowledge of all documents and items on file and to talk to the court through an interpreter.
(3) In accordance with the law legal hearings may also be conducted in a language that is found to be acceptable by the majority of the persons participating in the hearing.
TITLE VII - FINAL AND TRANSITORY PROVISIONS
(1) The law of 1st September 1989 regarding the use of languages spoken throughout the territory of the Republic of Moldova stays in force to the extent that it does not trespass on this Constitution.
(2) The above-named law may be amended over the 7 years ensuing from the date when this Constitution has come into force, if a two-thirds majority has passed it.
Source: International Foundation for Election Systems - Moldova