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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of April 23, 2013 No. 5

About control of constitutionality of Article 301 of the h. (1) the item c) the Labor code of the Republic of Moldova of March 28, 2003 No. 154-XV in edition of the Law of the Republic of Moldova of April 26, 2012 No. 91 about modification and amendments in some legal acts (the Address No. 31a/2012)

Constitutional court in structure:

To Alexander Tenase, chairman,

Igor DOLYa, judge-speaker,

Auryl to Beesh,

Tudor Pantsyru,

Victor of Pop,

Petra Reiljan, judges,

with the assistance of Corinna of Pop, court session secretary,

in view of the address provided on September 6, 2012 and registered on September 7, 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 brought into the Constitutional court on September 6, 2012 based on Art. 135 of the h formed the basis for consideration of the case. (1) item and) Constitutions, Art. 25 of the item g) Law on the Constitutional court and Art. 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about control of constitutionality of Article 301 of the h. (1) the item c) the Labor code No. 154-XV of March 28, 2003, in edition of the Law No. 91 of April 26, 2012 on modification and amendments in some legal acts.

2. The author of the address believes that Item c) h. (1) Art. 301 of the Labor code according to which, in addition to the general bases provided by the Code, the individual employment contract signed with pedagogical workers can be stopped in connection with "c) award of pension on age" contradicts provisions of Articles 1 of the h. (3), 4, 5, 7, 8, 9 h (1) and h (2), 16, 43 h (1), 46 h. (1), 47 and 54 Constitutions.

3. Determination of the Constitutional court of October 4, 2012, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinions of the President of the Republic of Moldova, Parliament and the Government.

5. The author of the address participated in open plenary meeting of the Constitutional court personally. The parliament was provided by the main consultant of legal management of the Secretariat of Parliament Serdzhiu Kirike. The representative of the Government was not present.

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

Human rights and freedoms

"(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 7

The constitution - the supreme law

"The constitution of the Republic of Moldova is its supreme law. Any law or other legal act contradicting Constitution provisions have no legal force."

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 43

Right to work and protection of work

"(1) Each person has right to work, the free choice of work, fair and satisfactory working conditions, and also right of defense from unemployment.

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