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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of November 6, 2014 No. 25

About control of constitutionality of some provisions of the Law No. 146 of July 17, 2014 on modification and amendments in some legal acts (compensation of government employees of degrees of jurisdiction and judges) (the Address No. 52a/2014)

Constitutional court in structure:

Tudor Pantsyru, chairman,

Igor Dolya,

Auryl to Beesh,

Victor of Pop, judges,

with the assistance of the secretary of meeting Theodora Papuk,

in view of the address provided and registered on September 29, 2014

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 September 29, 2014 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 the Law No. 146 of July 17, 2014 on modification and amendments in some legal acts.

2. The highest trial chamber disputes constitutionality of regulations of item 7 of the Art. III on compensation of government employees of degrees of jurisdiction and item 1 of the Art. V of this law which make changes in the h. (1) Art. 1 of the Law No. 328 of December 23, 2013 on compensation of judges. Also the author of the address disputes constitutionality of provisions of the item (2) ст.VI regarding enforcement of the provisions of the law providing compensation of government employees of degrees of jurisdiction.

3. According to the author of the address, the challenged provisions conflict to provisions of Art. 116 and Art. 140 of the Constitution.

4. Determination of the Constitutional court of October 6, 2014, without decision in essence, the address was acknowledged acceptable.

5. During consideration of the case the Constitutional court requested opinion of Parliament, the President and the Government of the Republic of Moldova.

6. In open plenary meeting of the Constitutional court the Highest trial chamber provided the vice-chairman of Board on civil, commercial and administrative cases the judge Yuli Syrka and the chief of the Secretariat Valentin Lastavetsky. The parliament was provided by the chief of general legal management of the Secretariat of Parliament Ion Kryange. On behalf of the Government Serdzhiu Sainchuk, the deputy minister of work, social protection and family, and Viorika Revenko, the deputy head of department on policy in the field of the salary of the Ministry of Labour, Social Protection and Family took part.

Actual Circumstances

7. The article III of the Law No. 146 of July 17, 2014 makes changes and additions to the Law on wages system of government employees No. 48 of March 22, 2012 in the part concerning the pay levels of work of government employees of degrees of jurisdiction, the Supreme council of magistracy and the Constitutional court for the purpose of reduction of the legislation in the field of compensation in compliance with the Resolution of the Constitutional court No. 24 of September 10, 2013.

8. Besides, according to final provisions of the Law No. 146 of July 17, 2014, the instructions of the law concerning government employees of degrees of jurisdiction become effective since October 1, 2014.

9. As a result of the changes made by the Art. V of this law to the h. (1) Art. 1 of the Law No. 328 of December 23, 2013 on compensation of judges, in case of calculation of the salary of the judge for basis is charged the average salary on economy in the year preceding accounting year. Before rate of calculation the average salary which is annually established by the Government served.

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 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."

Article 140. Solutions of the Constitutional court

"(1) the Laws and other regulations or their parts void from the moment of acceptance by the Constitutional court of the relevant decision.

(2) Solutions of the Constitutional court are final and are not subject to appeal."

11. Applicable instructions of appendix No. 2 to the Law No. 48 of March 22, 2012 on wages system of government employees (M.O., 2012, No. 63):

Secretariat of Parliament, Office of the President of the Republic of Moldova,

State office

A01

Secretary general of Parliament

22

A01

Deputy secretary general of Parliament

20

A01

Secretary general of the Office of the President of the Republic of Moldova

22

A01

Deputy secretary general of the Office of the President of the Republic of Moldova

20

B01

Chief of head department

19

B02

Head of department

18

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