Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of September 13, 2011 No. 15

About control of constitutionality of Art. 18 of the h. (3) the Law No. 152-XVI of June 8, 2006 on National institute of justice (the Address No. 21a/2011)

Constitutional court in structure:

To Dumitr Pulbere - the chairman

To Alexander Tenase - the judge-speaker,

Victor Puskas is judge

Elena Safaleru is judge

Valeria Shterbets is judge

the secretary of meeting is Dina Mustyatse.

In view of the address provided and registered on July 11, 2011, added on July 22, 2011 and concretized on July 28, 2011

considering this address on September 13, 2011 in open plenary meeting,

considering acts and case papers,

having held on September 13, 2011 meeting behind closed doors,

Accepts the same number the following resolution,

Points of order

1. Is the cornerstone of this case provided on July 11, 2011 according to provisions of Art. 25 of the h. (1) item g) Law on the Constitutional court and Art. 38 of the h. (1) the Code of the constitutional jurisdiction the address of the deputy of Parliament Sergey Syrbu about control of constitutionality of Art. 18 of the h. (3) the Law No. 152-XVI of June 8, 2006 "About National institute of justice", according to which" […] Graduates who did not pass contest for post according to the judge or the prosecutor shall participate in tender within three years after the termination of Institute. After this term the graduate cannot participate more in tender on the basis of the GPA got at final examinations at Institute […]".

2. The author of the address considers in particular that restriction of the right of graduates of National institute of justice to participate in contest for post according to the judge or the prosecutor for up to three years from the moment of the termination of this institute, violates the property right, right to education and right of access to the state position, and Art. 35 of the h conflicts to Art. provisions 16,. (1), Art. 39 of the h. (2), Art. 46 and 54 of the Constitution.

3. On July 22, 2011 the author provided additional arguments to the address.

4. Determination of July 26, 2011, without decision in essence, the Constitutional court recognized the address acceptable.

5. On July 28, 2011 the author specified subject of the address, having requested to exercise control of constitutionality of the complete text of the h. (3) Art. 18 of the Law on National institute of justice.

6. During consideration of the address the Constitutional court requested the points of view of Parliament and the Government.

7. Participated in the open plenary session of court: George Mytsu, representative of the author of the address, Ion Kryange, chief of legal management of the secretariat of Parliament, and Serdzhiu Kirike, chief specialist of management, representatives of Parliament, Vladimir to Groce, deputy minister of justice, representative of the Government.

Applicable legislation

8. Applicable provisions of the Constitution:

Article 4. Human rights and freedoms

"(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.

(2) with discrepancies between pacts and agreements on fundamental human rights, one of the parties of which is the Republic of Moldova, and the internal laws the international standards have priority."

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 35. Right to education

"(1) the Right to education is provided with the compulsory general education, lyceum and professional education, the higher education, and also other forms of education and advanced trainings. […]"

Article 39. Right to management

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

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 54. Restriction of implementation of the rights or freedoms

"[…] (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. […]"

9. Applicable provisions of the Law No. 152-XVI of June 8, 2006 on National institute of justice (M.O. No. 102-105/484, 2006 year):

Article 1. Law purpose

"The purpose of this law are creation and determination of legal status of National institute of justice, establishment of the principles of its organization and functioning, procedure for basic training of future judges and prosecutors and continuous professional training of effective judges and prosecutors, and also other persons participating in justice implementation."

Article 18. Position assignment

"(1) Graduates of Institute shall participate in the contest for post according to the judge or the prosecutor according to the procedure provided respectively by the Law on the status of the judge or the Law on Prosecutor's office.

(2) the Graduates participating in tender choose on the basis of the GPA got by them at final examinations according to the procedure of its decrease position according to the judge or the prosecutor from provided on tender.

(3) Graduates who did not pass contest for post according to the judge or the prosecutor shall participate in tender within three years after the termination of Institute. After this term the graduate cannot participate more in tender on the basis of the GPA got at final examinations at Institute.

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