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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 24, 2022 No. 3

About control of constitutionality of some provisions of Art. 49 of h (4) the Law No. 60 of March 30, 2012 on social integration of persons with limited opportunities and Items 9 and 10 of the Regulations on procedure for the appointment and payment of compensation to transport servicing approved by the Order of the Government No. 1413 of December 27, 2016 (the amount of compensation on transport servicing provided to persons with the expressed restrictions of opportunities depending on their residence) (the address No. 80a/2021 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Christina Kikhay,

in view of the address,

registered on April 6, 2021,

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 of the national lawyer by the rights of the child Maya Beneresku brought into the Constitutional court on April 6, 2021 according to provisions of Art. 135 of h (1) the item and) formed the basis for consideration of the case to the Constitution, Art. 25 of the item i 1) of the Law on the Constitutional court and Art. 38 of h (1) the item i 1) of the Code of the constitutional jurisdiction.

2. The author of the address asks the Constitutional court to check constitutionality of the phrase "and residences (areas/municipium)" in h (4) Art. 49 of the Law No. 60 of March 30, 2012 on social integration of persons with limited opportunities and Items 9 and 10 of the Regulations on procedure for the appointment and payment of compensation to transport servicing approved by the Order of the Government No. 1413 of December 27, 2016.

3. Determination of the Constitutional court of November 2, 2021, 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, Institute of legal, political and social researches, the Center for the rights of persons with limited opportunities and Council for prevention and liquidation of discrimination and ensuring equality.

5. At open session of the Constitutional court there were Svetlana Rusu, the head of department public the politician and legislations at office of the national lawyer, the representative of the author of the address, Valeriu Kuchuk the chief of service of representation at the Constitutional court and law enforcement agencies of the head legal department of the Secretariat of Parliament, the representative of Parliament, Vasile Kushka, the state secretary of the Ministry of Labour and Social Protection, the representative of the Government.

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 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.

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