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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 2, 2009 No. 10

About control of constitutionality of some provisions of the Law No. 94-XVI of May 8, 2008 "About modification and amendments in some legal acts"

Name of the Republic of Moldova,

Constitutional court in structure:

To Dumitr PULBERE - the chairman, the judge-speaker

Alina YANUCHENKO is judge-speaker

Victor PUSKAS is judge-speaker

Petra RAJLJAN - the judge

Elena SAFALERU is judge

Valeria SHTERBETS is judge

the secretary of meeting Victoria Botnaryuk-Trelya, with the assistance of Ion Mytsu, the permanent representative of Parliament in the Constitutional court, Nicolae Eshana, the permanent representative of the Government in the Constitutional court, in the absence of authors of addresses, being guided by Art. 135 of the h. (1) item and) Constitutions, Art. 4 of the h. (1) item and) Law on the Constitutional court, Art. 4 of the h. (1) item and) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered in open plenary meeting case on control of constitutionality of provisions of the Law No. 94-XVI of May 8, 2008 "About modification and amendments in some legal acts".

Formed the basis for consideration of the case: the address of the deputy of Parliament Vyacheslav Untile provided on July 21, 2008 and accepted to consideration on the merits by determination of July 25, 2008, the address of deputies of Parliament of the XVI convocation of Igor Klipy and Valentina Buliga provided on October 17, 2008 and accepted to consideration on the merits by determination of October 29, 2008 and the request of the Highest trial chamber about exceptional case of illegality of December 3, 2008 accepted to consideration on the merits by determination of December 15, 2008. As addresses concern the same subject, they were combined by determination of December 15, 2008 in one production.

During preliminary consideration of addresses the Constitutional court requested the points of view of Parliament, the President of the Republic of Moldova, the Government, the Ministry of Justice, the Ministry of Defence, the Ministry of Internal Affairs, the Ministry of Economy and Trade, the Ministry of social protection, the Ministry of Finance, the Prosecutor General's Office, the Center for human rights, National cash desk of social insurance, National confederation of labor unions of Moldova, the Center for fight against economic crimes and corruption, the Border service, Customs Service, Service of information and safety, "Lawyers for Human Rights" public organization, Service of the state protection.

Having considered case papers, having heard the message of judges-speakers and explanation of participants of process,

The constitutional court established:

1. On May 8, 2008 the Parliament adopted the Law No. 94-XVI "About modification and amendments in some legal acts" (1) (далееЗакон No. 94-XVI of May 8, 2008) by which were excluded and reworded as follows number of provisions of the Law on provision of pensions of the military personnel and persons of the commanding and ordinary structure of law-enforcement bodies No. 1544-XII of June 23, 1993 (2) (further - the Law No. 1544-XII of June 23, 1993).

The law No. 1544-XII of June 23, 1993 determines conditions of provision of pensions of citizens of the Republic of Moldova: the military personnel of Armed forces, Service of information and safety of the Republic of Moldova, the Center for fight against economic crimes and corruption, troops of carabineers (internal troops), faces of the commanding and ordinary structure of law-enforcement bodies, other military forming created according to the decision of Parliament, pensioners from among the military personnel of Armed forces, the state security agencies and homeland security, Service of information and safety of the Republic of Moldova, the Border service and faces of the commanding and ordinary structure of law-enforcement bodies of the former USSR and their families.

The changes brought by the Law No. 94-XVI of May 8, 2008 which are disputed in three addresses concern number of the areas regulated by the Law No. 1544-XII of June 23, 1993:

- all increases in pensions to the categories of persons specified in the Law No. 1544-XII of June 23, 1993 the old-age pensions which are earlier estimated as a percentage of the minimum size, were established in fixed amount with observance of the percentage ratio provided by the law before modification (3, of 5, of 7, of 10, 11 Art. I of the Law No. 94-XVI of May 8, 2008 were changed by provisions of Items Articles 16, of 23, of 26, of 38, of 391 Law No. 1544-XII of June 23, 1993);

- pension payments to the pensioners having pension entitlement, but who did not reach age limit of condition on military service under the contract and recovered on military or special service or which extends service life over the limit of condition established by the age legislation on military service are reduced or cancelled (provisions of Item 14 of the Art. I of the Law No. 94-XVI of May 8, 2008 were changed Art. 53 of the h. (2) and h. (3) the Law No. 1544-XII of June 23, 1993);

- some categories of persons receiving pensions based on the Law No. 1544-XII of June 23, 1993 were excluded from this law and included in other regulations (provisions of Item 8 of the Art. I of the Law No. 94-XVI of May 8, 2008 excluded Art. 261 of the Law No. 1544-XII of June 23, 1993);

- allowances and increases in separate types of pensions are cancelled (provisions of items 4 and 6 Art. I of the Law No. 94-XVI of May 8, 2008 were excluded by Art. 17 and Art. 25 of the Law No. 1544-XII of June 23, 1993);

- the procedure for recalculation of the pensions established before adoption of law No. 94-XVI of May 8, 2008 is concretized: "The pensions established about day of entry into force of this law according to the Law on provision of pensions of the military personnel and persons of the commanding and ordinary structure of law-enforcement bodies No. 1544-XII of June 23, 1993 are subject to recalculation since January 1, 2003 taking into account the size of the minimum pension established for this date on age in the amount of 135 lei".

___________________

(1) M.O., 2008, No. 102, Art. 378

(2) Monitor of Parliament, 1993, No. 7, Art. 220

2. The deputy Vyacheslav Untile appealed to the Constitutional court concerning control of constitutionality of Art. 16 of the h. (1) the item and), syntagmas "except as specified, provided by parts (2) and (3)" from Art. 53 of the h. (1) and provisions of Art. 53 of the h. (2) and h. (3) the Law No. 1544-XII of June 23, 1993.

In his opinion, these provisions violate the Art. 6, of the Art. 7, of the Art. 15, of the Art. 16, of Art. 43 of the h. (1), Art. 46 of the h. (1), Art. 47, Art. 54 of the Constitution, and also Art. 7 and Art. 23 of the Universal Declaration of Human Rights, Art. 2 of the h. (2) and Art. 6 of the International Covenant on Economic, Social and Cultural Rights.

Deputies Igor Klipy and Valentina Buliga claim in the address that provisions of the Art. I and the Art. III of the Law No. 94-XVI of May 8, 2008 contradict the Art. 1, of the Art. 7, of the Art. 8, of the Art. 15, of the Art. 46, of Art. 54 of the Constitution, the Art. 7, of Art. 22 of the Universal Declaration of Human Rights and Art. 2 of the International Covenant on Economic, Social and Cultural Rights, violating the economic rights of pensioners.

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