RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of July 16, 2024 No. 16

About exceptional case of illegality of some provisions of Art. 90 of h (2) the Electoral code (publicizing of elections in mass media) (addresses No. 233g/2023 of, No. 248g/2023 of, No. 29g/2024 of, No. 51g/2024 and No. 81g/2024 of)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Viorika Puyka,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan, judges,

with the assistance of the assistant judge Lyudmila Kikhay,

in view of the addresses registered on October 31, 2023, on November 10, 2023, on February 9, 2024, on February 28, 2024 and on April 4, 2024

having considered the specified addresses 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. Addresses about exceptional case of illegality of the text "formed the basis for consideration of the case cannot act directly or indirectly […], and also the third parties in other programs, except the programs devoted to elections which are accurately determined in declarations on editorial policy of suppliers of media services" in Art. 90 of h (2) the Electoral code approved by the Law No. 325 of December 8, 2022, provided by the lawyer to Dumitr Pavel for the benefit of Reforma Art LLC cannot tell the parties about them, for No. 3-185/2023, No. 3-214/2023, No. 3-220/2023 and No. 3-207/2023, considered in Appeal chamber Chisinau, and the lawyer Vitaly Enaki for the benefit of OO "Media Alternativa", party litigant No. 3-195/2023, considered in Appeal chamber Chisinau.

2. In the Constitutional court appeals about exceptional case of illegality were sent by five judicial structures of Appeal chamber Chisinau according to provisions of Art. 135 of h (1) the item and) and the item g) Constitutions.

3. In view of identity of subject and the motives forming criticism core about illegality, the Constitutional court according to provisions of Art. 43 of the Code of the constitutional jurisdiction combined addresses to one case at No. 233g/2023 of.

4. Determinations of the Constitutional court of March 28, 2024 and on June 18, 2024, without decision in essence, addresses were recognized as acceptable.

5. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, Central Election Commission, Council for television and radio, Association of the independent press, Promo-Lex Association, Institute of legal, political and social researches.

6. In open session of the Constitutional court of the address about exceptional case of illegality were considered in the absence of the authors invited in accordance with the established procedure. From Parliament the chief of service of representation took part in the Constitutional court and law enforcement agencies of general legal management of the Secretariat of Parliament - Valeriu Kuchuk. From the Government the state secretary of the Ministry of Justice - Eduard Serbenko took part. Council on television and radio was provided by the chief of legal management of this organization - Grigory Kitsanu. From Central Election Commission the vice-chairman of Central Election Commission - Pavel Postika took part.

Actual circumstances

I. Circumstances of the main disputes

1.1. Case No. 3-185/2023 of (address No. 233g/2023 of)

7. The resolution No. 1108 of July 4, 2023 the Central Election Commission of the Republic of Moldova appointed date of general local election - on November 5, 2023 (Item 1).

8. The Central Election Commission approved by the resolution No. 1137 of July 28, 2023 Regulations on publicizing of elections in mass media.

9. Council for television and radio of the Republic of Moldova approved by the decision No. 241 of August 4, 2023 samples of the Declaration on editorial policy according to elections and the Report on observance of the Declaration on editorial policy according to elections.

10. The audiovisual media service "Jurnal TV" submitted the Declaration on editorial policy according to elections on September 4, 2023.

11. Council on television and radio the Decision No. 341 of October 27, 2023 imposed penalty in the amount of 10 000 lei on Reforma Art LLC, the founder of Jurnal TV TV channel, according to Art. 84 of h (6) the item е) the Code about audiovisual media services for non-compliance with provisions of Art. 90 of h (2) the Electoral code.

12. Reforma Art LLC submitted on October 30, 2023 the action for declaration against Council for television and radio with the requirement to cancel the Decision No. 341 of October 27, 2023.

13. Along with submission of the action for declaration the lawyer Pavel provided to Dumitr for the benefit of Reforma Art LLC request about exceptional case of illegality of some provisions of Art. 90 of h (2) the Electoral code.

14. The Appeal chamber Chisinau satisfied with determination of October 31, 2023 request and sent the appeal about exceptional case of illegality to the Constitutional court for permission.

1.2. Case No. 3-195/2023 of (address No. 248g/2023 of)

15. The audiovisual media service TV8 (OO "Media Alternativa") submitted on September 11, 2023 the Declaration on editorial policy according to elections.

16. The decision No. 353 of November 3, 2023 Council for television and radio imposed penalty in the amount of 10 000 lei on OO "Media Alternativa", the founder of audiovisual media service "TV8", according to Art. 84 of h (6) the item е) the Code about audiovisual media services, for non-compliance with provisions of Art. 90 of h (2) the Electoral code.

17. OO "Media Alternativa" submitted on November 6, 2023 the action for declaration against Council for television and radio with the requirement to cancel Items 29-32 of the Decision of Council for television and radio No. 353 of November 3, 2023 concerning OO "Media Alternativa".

18. During judicial session of November 9, 2023 the lawyer Vitaliye Enaki provided for the benefit of OO "Media Alternativa" request about exceptional case of illegality of Art. 90 of h (2) the Electoral code.

19. The Appeal chamber Chisinau satisfied with determination of November 9, 2023 request and sent the appeal about exceptional case of illegality to the Constitutional court for permission.

1.3. Case No. 3-214/2023 of (address No. 29g/2024 of)

20. Council on television and radio the Decision No. 372 of November 17, 2023 imposed penalty in the amount of 25 000 lei on Reforma Art LLC, the founder of Jurnal TV TV channel, according to Art. 84 of h (6) the item е) the Code about audiovisual media services, for repeated non-compliance with provisions of Art. 90 of h (2) the Electoral code.

21. Reforma Art LLC submitted on November 20, 2023 the action for declaration against Council for television and radio with the requirement to partially cancel the Decision No. 372 of November 17, 2023.

22. Reforma Art LLC provided on January 31, 2024 request about exceptional case of illegality of some provisions of Art. 90 of h (2) the Electoral code.

23. The Appeal chamber Chisinau satisfied with determination of February 1, 2024 request and sent the appeal about exceptional case of illegality to the Constitutional court for permission.

1.4. Case No. 3-220/2023 of (address No. 51g/2024 of)

24. Council on television and radio the Decision No. 382 of November 24, 2023 imposed penalty in the amount of 25 000 lei on Reforma Art LLC, the founder of Jurnal TV TV channel, according to Art. 84 of h (8) the Code about audiovisual media services, for non-compliance with provisions of Art. 90 of h (2) the Electoral code.

25. Reforma Art LLC submitted on November 27, 2023 the action for declaration against Council for television and radio with the requirement to partially cancel the Decision No. 382 of November 24, 2023.

26. Dumitra Pavel provided on February 19, 2024 to Advocaat for the benefit of Reforma Art LLC request about exceptional case of illegality of some provisions of Art. 90 of h (2) the Electoral code.

27. The Appeal chamber Chisinau satisfied with determination of February 19, 2024 request and sent the appeal about exceptional case of illegality to the Constitutional court for permission.

1.5. Case No. 3-207/2023 of (address No. 81g/2024 of)

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