RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 25, 2020 No. 5

About exceptional case of illegality of some provisions of the item d) h (1) article 8 of the Law No. 294 of December 21, 2007 on political parties (the number of members necessary for registration of political party) (the address No. 104g/2019 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Liouba Shova, chairman,

Eduard Ababey,

Domnika Manole,

Nikolay Roshka,

Sergey Tsurkan, judges,

with the assistance of the assistant judge Dumitra Avornik,

in view of the address,

registered on May 28, 2019,

having considered the specified address in open session,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The address about exceptional case of illegality of syntagma "formed the basis for consideration of the case the number of which cannot be less than four thousand" in the first offer, the second offer "At the time of organization of batch her members shall live in at least than a half of administrative and territorial units of the Republic of Moldova of the second level and at the same time at least 120 members in each of the specified administrative and territorial units" and the third offer "The list of party members constituted based on declarations of accession to batch shall contain: surname, name, floor, birth date, the residence, series and document number, proving the identity, and the signature of the member" in the item d) h (1) article 8 of the Law No. 294 of December 21, 2007 on political parties, declared by Ion Dron and Angela Vuyko in No. 3a-454/2019, being in production of Appeal chamber Chisinau.

2. The address was brought into the Constitutional court by the judge of Appeal chamber Chisinau Vladislav of Klim according to Article 135 of h (1) the item and) and the item g) Constitutions in the light of its interpretation by the Resolution of the Constitutional court No. 2 of February 9, 2016.

3. Determination of the Constitutional court of June 19, 2019, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, Central Election Commission, Promo-LEX public organization, Institute of development and social initiatives of "Viitorul", the Center of resources for human rights, Association for broad democracy of "ADEPT", Amnesty International Moldova, Transparency International Moldova, Institute on human rights in Moldova, the Center of the analysis and prevention of corruption, Institute public the politician and Institute of the European policy and reforms.

5. The point of law on consolidation in political parties was discussed at meeting of Scientific and advisory council in case of the Constitutional court which took place on November 19, 2019.

6. In open session of the Constitutional court the address about exceptional case of illegality was supported by his authors Ion Dron and Angela Vuyko. The parliament represented Rada Rada, the main consultant of service of representation in the Constitutional court and law enforcement agencies of general legal management of the Secretariat of Parliament. The government was represented by Eduard Serbenko, the state secretary of the Ministry of Justice.

Circumstances of the main dispute

7. The group of persons made on February 7, 2018 the decision to create political party "For People, Nature and Animals".

8. These persons gave on February 8, 2018 to the Ministry of Justice (at that time authorized body on registration of political parties) the application for registration of political party which was returned by them without decision making.

9. They submitted the repeated application for registration of political party on March 21, 2018. The decision No. 1 of April 5, 2018 made according to the procedure of Article 8 of h (1) the item d) the Law No. 294 of December 21, 2007 on political parties, the Ministry of Justice refused registration of political party.

10. Ion Dron, Vyacheslav Angelich and Angela Vuyko submitted on April 12, 2018 the action for declaration against the Ministry of Justice in which they demanded to cancel the decision No. 1 of April 5, 2018 and to oblige the Ministry of Justice to register political party "For People, Nature and Animals".

11. During judicial session Ion Dron and Angela Vuyko declared exceptional case of illegality of provisions of the item d) h (1) article 8 of the Law No. 294 of December 21, 2007 on political parties. The court of Chisinau (sector Buyukan) satisfied with determination of May 2, 2018 the petition and sent the appeal about exceptional case of illegality to the Constitutional court for its permission.

12. According to h (2) article 27 of the Law No. 317 of December 13, 1994 on the Constitutional court, in connection with equality of votes of judges, on October 1, 2018 the Constitutional court took out Determination No. 111 about suit abatement about exceptional case of illegality of the item d) h (1) article 8 of the Law No. 294 of December 21, 2007 on political parties.

13. The decision of January 29, 2019 the court of Chisinau (sector Buyukan) rejected the action for declaration of Ion Dron, Vyacheslav Angelich and Angela Vuyko as unreasonable.

14. Ion Dron, Vyacheslav Angelich and Angela Vuyko made on February 26, 2019 the petition for appeal about this decision, having demanded its satisfaction, cancellation of the decision of the first instance and pronouncement of the new decision on satisfaction of the claim.

15. During the meeting of Appeal chamber Chisinau Ion Dron and Angela Vuyko declared exceptional case of illegality of provisions of the item d) h (1) article 8 of the Law No. 294 of December 21, 2007 on political parties with reference to Article 4 of h (2), 7, 23 h (2), 28 and 41 Constitutions.

16. The Appeal chamber Chisinau satisfied with determination of April 17, 2019 the petition and sent the appeal about exceptional case of illegality to the Constitutional court for its permission.

Applicable legislation

17. Applicable provisions of the Constitution:

Article 4 of the Human right and freedom

"(1) the Constitutional regulations on human rights and freedoms are interpreted and applied according to the Universal Declaration of Human Rights, pacts and other agreements, one of the parties of which is the Republic of Moldova.

[…]".

Article 5 Democracy and political pluralism

"(1) Democracy in the Republic of Moldova is performed in the conditions of the political pluralism incompatible with dictatorship and totalitarianism.

[…]".

Article 41 Freedom of batches and other social and political organizations

"(1) Citizens can freely unite in the batches and other social and political organizations promoting identification and expression of political will of citizens and participating in elections according to the law.

(2) Batches and other social and political organizations are equal before the law.

(3) the State provides observance of the rights and legitimate interests of batches and other social and political organizations.

(4) Batches and other social and political organizations, the purposes or activities of which are directed against political pluralism, the principles of the constitutional state, sovereignty, independence and territorial integrity of the Republic of Moldova, are unconstitutional.

(5) Secret associations are prohibited.

(6) activities of the batches consisting of foreign citizens Are forbidden.

(7) the State positions which occupation is incompatible with membership in batches are established by the organic law".

Article 54 Restriction of Implementation of the Rights or Freedoms

"(1) In the Republic of Moldova the laws prohibiting or diminishing the rights and fundamental freedoms of man and citizen cannot be adopted.

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