Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of September 10, 2013 No. 24

About control of constitutionality of some provisions of appendix No. 2 to the Law No. 48 of March 22, 2012 on wages system of government employees (the Address No. 13a/2013)

To Alexander Tenase, chairman,

Igor Dolya,

Auryl to Beesh,

Tudor Pantsyru,

Victor of Pop,

Petra Reiljan, judges,

with the assistance of the secretary of meeting Alena Balaban,

in view of the address provided and registered on May 2, 2013

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

having held meeting behind closed doors,

issues the following decree:

Points of order

1. The appeal of the Highest trial chamber brought into the Constitutional court on May 2, 2013 according to provisions of Art. 135 of the h formed the basis for consideration of the case. (1) item and) Constitutions, Art. 25 of the item d) Law on the Constitutional court and Art. 38 of the h. (1) the item d) the Code of the constitutional jurisdiction, about control of constitutionality of some provisions of appendix No. 2 to the Law No. 48 of March 22, 2012 on wages system of government employees.

2. The author of the address considers, in particular, that provisions of appendix No. 2 to the Law No. 48 of March 22, 2012 which determine the different pay levels of work of persons holding the state positions in judicial authorities in comparison with those which work in bodies of the legislative and executive authorities conflict to provisions of Art. 6 and 116 of the Constitution.

3. Determination of the Constitutional court of July 15, 2013 the address was acknowledged acceptable, without decision in essence.

4. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Ministry of Justice, Ministry of Labour, Social Protection and Family, Moldavian state university.

5. At open plenary meeting of the Constitutional court there were representative of the Highest trial chamber, the vice-chairman of Board on civil, commercial and administrative cases Yuli Syrka and the representative of Parliament, the main consultant of general legal management of the Secretariat of Parliament Serdzhiu Kirike.

Actual circumstances

6. The law No. 48 of March 22, 2012 on wages system of government employees establishes procedure and payment terms of work of government employees, and also the size of their salary.

7. The wages system of government employees determines general provisions by application of single standards and procedures in case of establishment of the salary and provides creation of hierarchy of the salaries on categories of government employees, proceeding from the work pay level.

8. The general purpose of the law consists in creation by the government employee of necessary conditions for effective implementation of the obligations by them and contribution to providing bodies of the public power with competent and motivated staff.

9. Appendix No. 2 to the Law No. 48 of March 22, 2012 provides the work pay levels on the state positions of the central bodies of the public power, including degrees of jurisdiction.

Applicable legislation

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

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 6. Separation and interaction of the authorities

"In the Republic of Moldova the legislative, executive and judicial authorities are divided and interact when implementing the prerogatives according to Constitution provisions."

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 60. Parliament - the highest representative and legislature

"(1) the Parliament is the supreme representative body of the people of the Republic of Moldova and the single legislature of the state.

[...]."

Article 72. Types of the laws

"[...]

(3) are regulated by the Organic law:

[...]

j) general regime of employment relationships, labor unions and social protection;

[...]."

Article 115. Degrees of jurisdiction

"(1) Justice is performed by the Highest trial chamber, appeal chambers and courts.

[...]."

Article 116. Status of judges

"(1) Judges of degrees of jurisdiction are independent, impartial and irremovable according to the law.

[...]."

Article 134. Status

"(1) the Constitutional court - the single body of the constitutional jurisdiction in the Republic of Moldova.

(2) the Constitutional court is independent of any other public power and submits only to the Constitution.

(3) the Constitutional court guarantees rule of the Constitution, provides realization of the principle of separation of the government on legislative, executive and judicial and guarantees responsibility of the state to the citizen and the citizen to the state."

11. Applicable provisions of the Law No. 514-XIII of July 6, 1995 on judicial system (M.O., 2013, Art. No. 15-17, 62):

Article 1. Judicial authority

"(1) Judicial authority is independent, separated the legislative and executive authorities, has the powers which are carried out through degrees of jurisdiction according to the principles and provisions provided by the Constitution and other regulations.

[...]."

Article 23-1. Judicial self-government

"(1) Independence of degrees of jurisdiction represents their organizational and functional independence which is reached through judicial self-government.

[...]."

12. Applicable provisions of the Law No. 48 of March 22, 2012 on wages system of government employees (M.O., 2012, No. 63, the Art. 213):

Article 1. Subject and purpose of the law

"(1) This law regulates procedure, conditions and the amount of compensation of government employees.

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