of October 30, 2012 No. 11
About exceptional case of illegality of Article 28 of the item and) the Law on nationality of the Republic of Moldova No. 1024-XIV of June 2, 2000, with subsequent changes and amendments (the Address No. 16g/2012)
Name of the Republic of Moldova,
Constitutional court in structure:
To Alexander TENASE, chairman,
Victor PUSKAS, judge-speaker,
To Dumitr PULBERE,
Valeria SHTERBETS, judges,
with the assistance of Lyudmila Kikhay, court session secretary,
in view of the address provided and registered on June 28, 2012
having considered the specified address in open plenary meeting, considering acts and case papers,
issues the following decree:
POINTS OF ORDER
1. The appeal of the Highest trial chamber provided on June 28, 2012 based on Art. 135 of the h formed the basis for consideration of the case. (1) item g) Constitutions, Art. 25 of the h. (1) item d) Law on the Constitutional court and Art. 38 of the h. (1) the item d) the Code of the constitutional jurisdiction, about exceptional case of illegality of Art. 28 of the item and) the Law on nationality of the Republic of Moldova No. 1024-XIV of the June 2, 2000, in the matter of No. 3-4413/11, which is under consideration of Appeal Court of Chisinau.
2. The author of the address believes, in particular, that factual determination of compliance of person wishing to obtain citizenship, to conditions, stipulated by the legislation constitutes, under the Constitution, subject of exclusive competence of the President and therefore the disputed regulation contradicts provisions of Art. 88 of the item c) of the Constitution.
3. Determination of the Constitutional court of July 11, 2012, 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, Ministry of Justice, Ministry of information technologies and bonds.
5. In open plenary meeting of the Constitutional court, the author of the address was provided by the vice-chairman of Board on civil, commercial and administrative cases of the Highest trial chamber - Yulia Syrku. The parliament was provided by the main consultant of Legal management of the Secretariat of Parliament - Serdzhiu Kirike. The government was provided by the deputy minister of justice - Vladimir to Groce, and the deputy minister of information technologies and bonds - Mikhayela Jacob. As the representative of the President of the Republic of Moldova in meeting Vladislav Pogirke took part.
6. Applicable provisions of the Constitution (M.O. No. 1/1, 1994 of):
"(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."
Nationality of the Republic of Moldova
"(1) Nationality of the Republic of Moldova is acquired, remains or lost in accordance with the terms, provided by the organic law."
Open entry to justice
"(1) Any person has the right to effective recovery in the rights by competent courts in case of violation of its rights, freedoms and legitimate interests.
(2) Any law cannot limit access to justice."
Right of each person to knowledge of the rights and obligations
"(1) Each person has the right to recognition of its legal personality.
(2) the State provides the right of each person to knowledge of the rights and obligations. For this purpose the state publishes all laws and other regulations and provides their availability."
"The president of the Republic of Moldova performs also following powers:
a) awards with the state awards and gives honorary titles;
b) gives the highest military ranks provided by the law;
c) resolves issues of nationality of the Republic of Moldova and provision of political asylum;
d) appoints to the state positions according to the law;
e) performs pardon;
f) can demand from the people of expression of its will concerning national value by referendum;
g) appropriates diplomatic ranks;
h) appropriates according to the law the highest class ranks to prosecutors, degrees of jurisdiction and to other categories of employees;
i) suspends the acts of the Government contradicting the legislation before acceptance of the final decision by the Constitutional court;
j) performs other powers established by the law."
7. Applicable provisions of the Code of civil procedure (M.O. No. 111115/451, 2003 of):
Permission of exceptional cases of illegality
"[...] (2) the Appeal of degree of jurisdiction with request in the Constitutional court is allowed only if the regulation is applied or it shall be applied, according to degree of jurisdiction, in specific case which it considers. [...]"
8. Applicable provisions of the Law on nationality of the Republic of Moldova (M.O. No. 98101/709, 2000 of is repeatedly published in M.O. special release of 9.12.2005 by p. 18):
"(1) Citizenship of the Republic of Moldova can be granted based on the statement of person to which 18 years and which were performed:
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