RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of April 1, 2025 No. 3

About control of constitutionality of Article 9-1 of h (3) the Law No. 140 of May 10, 2001 on State Labour Inspection (incompatibility for the inspector of work) (the address No. 127a/2024 of)

Name of the Republic of Moldova,

Constitutional court in structure:

Domnika Manole, Chairman,

Viorika Puyka,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of assistant judges, Yulia Vartik and Aemilia Kazaku,

in view of the address,

registered on June 5, 2024,

having considered the specified address in open session,

considering acts and case papers,

having carried out discussion in the consultative room on April 1, 2025,

issues the following decree:

Procedure questions

1. The address submitted to the Constitutional court on June 5, 2024 the National lawyer, Czeslaw Panko formed the basis for consideration of the case.

2. The author of the address asks the Constitutional court to check constitutionality of h (3) article 9-1 of the Law No. 140 of May 10, 2001 on State Labour Inspection.

3. Determination of the Constitutional court of October 24, 2024, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, State Labour Inspection and National confederation of labor unions of Moldova.

5. The representative of the author of the address, Svetlana Rusu, the head of department public the politician and legislations of office of the National lawyer participated in open sitting of the Constitutional court. The parliament was represented by Sergey Pleshka, 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 Mihai-Gabriel Ciobanu, the state secretary of the Ministry of Labour and Social Protection.

I. Applicable legislation

6. Applicable provisions of the Constitution:

Article 16. Equality

"(1) the Respect and protection of the personality constitute paramount obligation of the state.

(2) All citizens of the Republic of Moldova are equal before the law and the authorities irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin".

Article 39. Right to management

"(1) Citizens of the Republic of Moldova have the participation right in management of public affairs as it is direct, and through the representatives.

(2) access to public service is provided to Any citizen according to the law".

Article 43. Right to work and protection of work

"(1) Each person has right to work, the free choice of work, fair and satisfactory working conditions, and also right of defense from unemployment.

(2) Workers have work right of defense. Measures for protection concern safety and occupational health, the mode of work of women and youth, establishment of minimum wage in the field of economy, weekly rest, paid leave, work under trying conditions, and also other specific situations.

(Duration of business week shall not exceed 3) 40 hours.

(4) the Right to negotiations on questions of work and obligation of collective agreements are guaranteed".

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.

(2) Implementation of the rights and freedoms is not subject to any restrictions, except those which are provided by the law, meet the universally recognized norms of international law and protection of the rights, freedoms and advantage of other persons, prevention of disclosure of information obtained confidentially or ensuring authority and impartiality of justice are necessary for the benefit of homeland security, territorial integrity, economic well-being of nation, public order, for the purpose of prevention of mass riots and crimes.

(3) part Provisions (2) restrictions of the rights proclaimed in Articles 20-24 do not allow.

(4) Restriction shall correspond to the circumstance which caused it and cannot affect existence of the right or freedom".

7. Applicable provisions of the Law No. 140 of May 10, 2001 on State Labour Inspection:

Article 9-1. Incompatibility for the inspector of work

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