RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of December 20, 2011 No. 27

About control of constitutionality of number of the laws on change of conditions of providing with pensions and other social payments of some employee categories (Address 34a/2010, 36a/2010, 19a/2011, 23a/2011)

Name of the Republic of Moldova

Constitutional court in structure:

To Alexander TENASE, chairman,

Victor PUSKAS,

Elena SAFALERU, judges-speakers,

To Dumitr PULBERE,

Petra RAJLJAN,

Valeria SHTERBETS, judges,

with the assistance of the court clerk Corinna Pop,

in view of the addresses provided and registered on October 12, 2010, on October 19, 2010, on July 6, 2011 and on July 13, 2011

having considered the specified addresses in open plenary meeting, considering acts and case papers,

issues the following decree:

POINTS OF ORDER

1. The address of the parliamentary lawyer Tudor Lazer about control of constitutionality of provisions of the Law No. 100 of May 28, 2010 "About modification of some legal acts" (further - the Law No. 100), brought into the Constitutional court on October 12, 2010 based on Item and) formed the basis for consideration of the case to part (1) article 135 of the Constitution, Item i) parts (1) article 25 of the Law on the Constitutional court and Item

i) parts (1) article 38 of the Code of the constitutional jurisdiction and accepted to consideration on the merits by determination of October 18, 2010.

2. On October 19, 2010 the address in the same subject was provided by the deputy of Parliament of the XVIII convocation Vasile Balan which was accepted to consideration on the merits determination of November 9, 2010 and is united in one production with the address of the parliamentary lawyer Tudor Lazer.

3. During the plenary meeting of March 31, 2011 the representative of Parliament based on Item provisions c) parts (1) article 59 of the Code of the constitutional jurisdiction appealed to postpone consideration of addresses for 30 days, motivating with the fact that soon the Parliament will consider the bill No. 676 of March 14, 2011 affecting situations of the Law No. 100 of May 28, 2010 which are subject of the case considered by the Constitutional court. The constitutional court considered acceptable the petition of the representative of Parliament for delay of meeting sine die.

4. On July 6, 2011 the Highest trial chamber provided the address about control of constitutionality of some provisions of articles II and III of the Law No. 56 of June 9, 2011 "About modification and amendments to some legal acts" (further - the Law No. 56) published in No. 107-109/280 "Monitorul Oficial al Republicii Moldova" of 1.07.2011. In view of that the address concerned regulations on pensions of social insurance of some categories of persons, the Constitutional court determination of July 11, 2011 accepted the appeal of the Highest trial chamber to consideration on the merits and combined in one production with the addresses specified in §§1 and 2.

5. On July 13, 2011 the deputy of Parliament Sergey Syrbu provided the address about control of constitutionality of articles I, II, III and VIII of the Law No. 56, which was accepted to consideration on the merits determination of July 18, 2011 and is combined with other addresses as mentions new conditions of pension payment to some categories of persons.

6. Authors of addresses claim, in particular, that change of conditions of retirement limits the social rights of some employee categories of public service, in particular pension entitlement. The challenged provisions contradict guarantees of implementation of the property right and other principles established by Articles 1, of 6, of 7, of 15, of 16, of 18, of 22, of 43, of 46, of 47, of 54, of 116, of 121, 126 Constitutions.

7. In the course of consideration of addresses the Constitutional court requested opinions of Parliament, the President of the Republic of Moldova, the Government, the Ministry of Justice, the Ministry of Labour, Social Protection and Family, the Supreme council of magistracy, the Prosecutor General's Office, National cash desk of social insurance, Service of information and safety, the Center for fight against economic crimes and corruption, Federations of trade unions of employees of the public and public services, National confederation of labor unions of Moldova.

8. Authors of addresses - the parliamentary lawyer Tudor Lazer and the deputy of Parliament Sergey Syrbu, the representative of the Highest trial chamber - the chief of the office of the chairman of the Highest trial chamber Valentin Lastavetsky participated in open plenary meeting of the Constitutional court. The parliament was provided by the main consultant in the sector of the civil, trade and economic and nature protection legislation of legal management of the secretariat of Parliament Serdzhiu Kirike. The government was provided by the deputy minister of justice Vladimir to Groce, the Minister of Labour, Social Protection and Family Valentina Buliga, the head of department of social insurance of the Ministry of Labour, Social Protection and Family Laura Greku and the deputy director of head department on control and application of the legislation on the social rights of National cash desk of social insurance Svetlana Vekvert.

APPLICABLE LEGISLATION

9. Applicable provisions of the Constitution (M.O. No. 1/1, 1994): Article 1 State Republic of Moldova

"[...] (3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed." Article 7 the Constitution - the supreme law

"The constitution of the Republic of Moldova is its supreme law. Any law or other legal act contradicting Constitution provisions have no legal force." Article 15 Universality

"Citizens of the Republic of Moldova have the rights and freedoms set by the Constitution and other laws and have the obligations provided by them." 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 18 Protection of Citizens of the Republic of Moldova

"(1) Citizens of the Republic of Moldova use protection of the state as within the country, and beyond its limits." Article 22 Irreversibility of the Law

"Nobody can be condemned for actions or for failure to act which at the time of their making did not constitute crime. Punishment heavier cannot be also imposed, than that which could be applied at the time of crime execution." Article 43 Right to work and protection of work

"Each person has right to work, the free choice of work, fair and satisfactory working conditions, and also right of defense from unemployment." Article 46 Right of Private Property and its protection

"(1) the Right of private property, and also the debt obligations undertaken by the state are guaranteed.

(2) Nobody can be deprived of the property differently as in case of the social necessity established by the law on condition of fair and preliminary compensation. [...]" Article 47 Right to social insurance and protection

"(1) the State shall take measures for providing to any person of worthy living standards, potrebny for maintenance of health and welfare him and his family, including food, clothes, the dwelling, medical care and necessary social servicing.

(2) Citizens have right to social insurance in case of unemployment, diseases, disability, widowhood, approaches of old age or in other cases of loss of means of livelihood on the circumstances which are not depending on them." 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." Article 116 Status of Judges

"(1) Judges of degrees of jurisdiction are independent, impartial and irremovable according to the law. [...]" Prosecutor's office Article 124 of Power and structure

"(1) the Prosecutor's office represents common interests of society and protects law and order, and also the rights and freedoms of citizens, directs criminal prosecution and performs it, represents accusation in degrees of jurisdiction according to the law. [...]" Article 126 Economy

"(1) the Economy of the Republic of Moldova is market, socially oriented, based on private and public property and free competition.

(The State shall provide 2):

[...] g) increase in quantity of workplaces, creation of necessary conditions for increase in living standards; [...]"

10. Applicable provisions of the Law No. 489-XIV of July 8, 1999 on the state system of social insurance (M.O. No. 1-4/2, 2000): Article 1 the Used concepts

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