July 9, 2026, Chisinau – The Constitutional Court admitted the complaint filed by the Minister of Justice on March 9, 2026, regarding the control of the constitutionality of certain provisions of the Law on the special legal status of Gagauzia, the Law on Police Activity and the Status of Police Officers, and the Electoral Code.
The notification aimed to clarify the constitutional limits of the autonomy of the Gagauzia Autonomous Region in relation to the powers of central public authorities, including in the procedures for appointing and dismissing persons by the Ministry of Justice, the Ministry of Internal Affairs and the Intelligence and Security Service, as well as in the organization of electoral processes.
By today's ruling, the Court reaffirmed that the autonomy of the Gagauz Autonomous Region is guaranteed by the Constitution, but is exercised within the limits of the powers established by the Supreme Law and the organic law.The Court noted that the principle of the unitary state presupposes the existence of a single holder of sovereignty and a single system of central public authorities.
At the same time, the Court found that public order, state security and the regulation of the electoral system fall within the competence of the national constitutional authorities and cannot be transferred to the autonomy authorities beyond the limits provided for in Article 111 of the Constitution.The Court emphasized that: „Parliament cannot delegate to a local representative authority the exercise of a power that the Constitution expressly reserves to the organic legislator.Such a legislative solution goes beyond the constitutional framework”.
In this context, the provisions that allowed the involvement of the authorities of the Gagauzia Autonomous Region in the procedure for appointing officials within the national authorities, as well as those relating to the approval of the composition of the Central Electoral Council of Gagauzia and the regulation, through local acts, of certain aspects of regional elections, were declared unconstitutional.
The Court's decision provides a necessary clarification for the coherent application of the Constitution and for a predictable legal framework.It consolidates the constitutional order of the Republic of Moldova and reaffirms a fundamental principle of the rule of law: local autonomy is exercised in compliance with the Constitution and within the limits of the powers established by it.The Ministry of Justice will continue to promote a coherent, predictable and compatible regulatory framework with constitutional values and European standards.