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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 11, 2014 No. 5

About control of constitutionality of provisions of the item е) Art. 4 of the Law on administrative court No. 793-XIV of February 10, 2000 (the Address No. 38a/2013)

Constitutional court in structure:

To Alexander Tenase, chairman,

Petra Reiljan,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop, judges,

with the assistance of the secretary of meeting Tatyana Oborok,

in view of the address provided and registered on August 13, 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 address of the parliamentary lawyer Aurelia Grigoriu brought into the Constitutional court on August 13, 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 i) Law on the Constitutional court and Art. 38 of the h. (1) the item i) the Code of the constitutional jurisdiction, about control of constitutionality of syntagma of homeland security of the Republic of Moldova from the item е) Art. 4 of the Law on administrative court No. 793-XIV of February 10, 2000.

2. The author of the address believes, in particular, that the incompetence of the administrative acts concerning homeland security of the Republic of Moldova violates Articles 16, of 20, of 28, of 53, of 54, of 72 h. (3) Constitutions, and also Art. 8 of the Universal Declaration of Human Rights, Art. 14 of the International Covenant on Civil and Political Rights, Article 6, 8, 13 European conventions on human rights protection and fundamental freedoms.

3. Determination of the Constitutional court of October 8, 2013, 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, the Supreme council of safety, Service of information and safety, the Ministry of Defence.

5. In open plenary meeting of the Constitutional court the address was reasoned by the author. The parliament was provided by the main consultant of general legal management of the Secretariat of Parliament Serdzhiu Kirike. The government was provided by the deputy minister of justice to Nicolae Eshan.

Actual circumstances

6. According to Art. 1 of the Law on administrative court, any person considering himself the body of the public power restrained in any legitimate right by means of any administrative act or dissatisfaction of the application in the terms provided by the law having the right to appeal to competent administrative court for the purpose of cancellation of the act, recognition of the right and compensation of the damage caused to it.

7. Acts, incompetent are more exhaustively listed to administrative court in article 4 of the law. So, according to the item е) Art. 4 of the law, to administrative court the administrative acts concerning homeland security of the Republic of Moldova, execution of emergency rule, acceptance by bodies of the public power of emergency measures for the purpose of disaster management, the fires, epidemics, epizooty and other similar phenomena are incompetent."

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