The Constitutional Court has upheld the referral submitted by the Minister of Justice on March 9, 2026, concerning 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 referral sought clarification of the constitutional limits of the autonomy of the Autonomous Territorial Unit (ATU) of Gagauzia in relation to the powers of central public authorities, including procedures for the appointment and dismissal of certain officials by the Ministry of Justice, the Ministry of Internal Affairs, and the Intelligence and Security Service, as well as the organization of electoral processes.

In its ruling delivered today, the Court reaffirmed that the autonomy of the ATU Gagauzia is guaranteed by the Constitution but must be exercised within the limits of the powers established by the Supreme Law and organic legislation. The Court noted that the principle of a unitary state implies 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 beyond the limits established by Article 111 of the Constitution. The Court emphasized that:

“Parliament cannot delegate to a local representative authority the exercise of a competence that the Constitution expressly reserves to the organic legislator. Such a legislative solution exceeds the constitutional framework.”

In this context, the Court declared unconstitutional the provisions that allowed the involvement of Gagauzian authorities in the appointment procedures of certain officials within national authorities, as well as those concerning the approval of the composition of the Central Electoral Council of Gagauzia and the regulation, through local acts, of certain aspects of regional elections.

The Court’s ruling provides the necessary clarification for the coherent application of the Constitution and for a predictable legal framework. It strengthens the constitutional order of the Republic of Moldova and reaffirms a fundamental principle of the rule of law: local autonomy must be 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 legal framework compatible with constitutional values and European standards.