RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of December 6, 2012 No. 17

About control of constitutionality of some provisions of the Code of television and radio of the Republic of Moldova No. 260-XVI of July 27, 2006 (the Address No. 25a/2012)

Name of the Republic of Moldova

Constitutional court in structure:

Valeria SHTERBETS, chairman, judge-speaker,

To Dumitr PULBERE,

Victor PUSKAS,

Petra RAJLJAN,

Elena SAFALERU, judges,

with the assistance of Lyudmila Kikhay, court session secretary,

in view of the address provided and registered on July 13, 2012

having considered the specified address in open plenary meeting, considering acts and case papers,

issues the following decree:

POINTS OF ORDER

1. The address of the deputy of Parliament Sergey Syrbu provided on July 13, 2012 based on Art. 25 of the item g) the Law on the Constitutional court and Art. 38 of the h formed the basis for consideration of the case. (1) the item g) the Code of the constitutional jurisdiction, about control of constitutionality of the Law No. 84 of April 13, 2012 on modification and amendments in the Code of television and radio of the Republic of Moldova No. 260-XVI of July 27, 2006.

2. The author of the address considers in particular that the changes made to the Code of television and radio break directly or indirectly provisions of Articles 1, of 6, of 20, of 26, of 32, of 34, of 53, of 54, of 66, of 114, of 115, 116 Constitutions of the Republic of Moldova, and also provisions of Articles 6, of 10, 13 European conventions on human rights protection and fundamental freedoms, Articles 8 and 10 of the Universal Declaration of Human Rights, Art. 14 of the International Covenant on Civil and Political Rights.

3. Determination of the Constitutional court of September 10, 2012 without decision in essence the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested written opinions of Parliament, the President of the Republic of Moldova, the Government, Ministry of Justice, Ministry of Economics, the Highest trial chamber, Prosecutor General's Office, Academy of Sciences of Moldova, the Center of independent journalism, "Lawyers for Human Rights" public organization, Coordination council on television and radio and the supervisory board of the National public company "Teleradio-Moldova".

5. The author of the address Sergey Syrbu participated in open plenary meeting of the Constitutional court. The parliament was provided to Serdzhiu Kirike - the main consultant of Legal management of the Secretariat of Parliament, the Government was provided by Vladimir to Groce - the deputy minister of justice.

APPLICABLE LEGISLATION

6. Applicable provisions of the Constitution (M.O. No. 1/1, 1994 of):

Article 1 State Republic of Moldova

"(3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed."

Article 4 of the Human right and freedom

"(1) the Constitutional regulations on human rights and freedoms are interpreted and applied according to the Universal Declaration of Human Rights, pacts and other agreements, one of the parties of which is the Republic of Moldova.

(2) with discrepancies between pacts and agreements on fundamental human rights, one of the parties of which is the Republic of Moldova, and the internal laws the international standards have priority."

Article 20 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."

Article 32 Freedom of opinions and expression

"(1) the freedom of thought, opinions, and also freedom of public expression by means of the word, the image or other possible methods is guaranteed to Each citizen.

(2) Freedom expressions shall not cause damage to honor, advantage or the right of other person to have own views.

(3) contest and slander of the state and the people, appeals to war of aggression, national, racial or religious discord, instigation to discrimination, territorial separatism, public violence, and also other actions encroaching on the constitutional mode Are prohibited and punished by the law."

Article 46 Right of Private Property and its protection

"(1) the Right of private property, and also the debt obligations undertaken by the state are guaranteed.

(2) Nobody can be deprived of the property differently as in case of the social necessity established by the law on condition of fair and preliminary compensation. [...]"

The article 53 Right of Person, restrained by the power

"(1) Person restrained in any right by the power by means of any administrative act or dissatisfaction of the application at the scheduled time can try to obtain recognition of the right, cancellation of the act and compensation of damage. [...]"

Article 54 Restriction of Implementation of the Rights or Freedoms

"(1) In the Republic of Moldova the laws prohibiting or diminishing the rights and fundamental freedoms of man and citizen cannot be adopted.

(2) Implementation of the rights and freedoms is not subject to any restrictions, except those which are provided by the law, meet the universally recognized norms of international law and protection of the rights, freedoms and advantage of other persons, prevention of disclosure of information obtained confidentially or ensuring authority and impartiality of justice are necessary for the benefit of homeland security, territorial integrity, economic well-being of nation, public order, for the purpose of prevention of mass riots and crimes.

(3) part Provisions (2) restrictions of the rights proclaimed in Articles 20 - 24 do not allow.

(4) Restriction shall correspond to the circumstance which caused it and cannot affect existence of the right or freedom."

7. Applicable provisions of the Code of television and radio of the Republic of Moldova No. 260XVI of October 27, 2006 (M.O. No. 131-133/679, 2006 of): Article 38 of the Sanction

"(1) For violation of the regulations provided by the law the following sanctions are applied to the broadcasting organizations:

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