of May 20, 2021 No. 16
About exceptional case of illegality of some provisions of Art. 27 of h (5) the Law No. 270 of November 23, 2018 on single system of compensation in the budget sphere and item 2-1 and the item 8 of appendix No. 6 to the Order of the Government No. 1231 of December 12, 2018 about enforcement of provisions of the Law No. 270/2018 on single system of compensation in the budget sphere (ensuring preserving the salary to personnel of budget units) (the address No. 168g/2020 of year)
Name of the Republic of Moldova
Constitutional court in structure:
Domnika MANOLE, chairman,
Liouba of SHOVA,
Vladimir TSURKAN, judges,
with the assistance of the assistant judge Christina Kikhay,
in view of the address,
registered on November 2, 2020,
having considered the specified address in open plenary meeting,
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 formed the basis for consideration of the case:
- offers "the guarantees provided by parts (1) - (3), are applied to the activities period in the corresponding budget unit in the same or higher position" in h (5) by Art. 27 of the Law No. 270 of November 23, 2018 on single system of compensation in the budget sphere in the part which is not providing distribution of these guarantees for budget workers in case of their transfer with high to lower position after entry into force of this law;
- Item 2-1 of appendix No. 6 to the Order of the Government No. 1231 of December 12, 2018 about enforcement of provisions of the Law No. 270/2018 on single system of compensation in the budget sphere;
- offers "wage differential and compensation payment are paid for the period to activities as a part of the corresponding budget unit on the same position or on higher position" in appendix Item 8 in the part which is not providing distribution of these guarantees for budget workers in case of their transfer with high to lower position after entry into force of the Law No. 270/2018.
2. The request about exceptional case of illegality provided by the lawyer Vladimir to Groce for the benefit of the claimant Adrian Lupechesku within the case No. 3-1567/2020, considered by court of Chisinau, the sector Ryshkan is the cornerstone of the address.
3. The address about exceptional case of illegality was brought into the Constitutional court by the judge the vessels Chisinau, the sector Ryshkan, Marchel Gandrabur, according to Art. 135 of h (1) the item and) and the item g) Constitutions.
4. Determination of the Constitutional court of April 13, 2021, without decision in essence, the address was acknowledged acceptable.
5. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, the national lawyer, Council for the prevention and liquidation of discrimination and to ensuring equality, the Center of legal resources of Moldova, Institute of legal, political and social researches.
6. Were present at open session of the Constitutional court the lawyer Vladimir to Groce - the representative of the author of the address, Rada Rada - the representative of Parliament, the main consultant of service of representation in the Constitutional court and law enforcement agencies of the head legal department of the Secretariat of Parliament, and Andrey Balan - the representative of the Government, the head of department of legal examination of the Ministry of Finance.
A. Circumstances of the main dispute
7. According to the address, Andrian Lupechesku was appointed by the Order No. 216 of September 14, 2009 to the officer's position on criminal prosecution in the Center for fight against economic crimes and corruption. Owing to adoption of law No. 120 of May 25, 2012 on modification and amendments in some legal acts the Center for fight against economic crimes and corruption was reformed in the National center for fight against corruption.
8. The national center for fight against corruption (further - NTsBK) on December 21, 2012 signed the individual employment contract No. 111 with Adrian Lupechesku.
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