Name of the Republic of Moldova
of November 13, 2014 No. 27
About control of constitutionality of Art. 21 of the h. (5) the item e) the Law No. 52 of April 3, 2014 on the national lawyer (ombudsman) (rejection to consideration of the applications, provided by incapacitated persons) (the Address No. 42a/2014)
Constitutional court in structure:
To Alexander Tenase, chairman,
Victor of Pop, judges,
with the assistance of the secretary of meeting Serdzhiu Stratan,
in view of the address provided and registered on June 18, 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 address the parliamentary lawyer Anatolie Muntyana brought into the Constitutional court on June 18, 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 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 Art. 21 of the h. (5) the item e) the Law No. 52 of April 3, 2014 on the national lawyer (ombudsman).
2. The challenged provisions concern rejection to consideration by the national lawyer of statements of the incapacitated persons recognized as those the judgment.
4. Determination of the Constitutional court of September 11, 2014, without decision in essence, the address was acknowledged acceptable.
5. During consideration of the address the Constitutional court requested opinion of the President of the Republic of Moldova, Parliament, the Government.
6. In open plenary meeting of the Constitutional court reasoned for the address to Anatoliye Muntyan. The parliament was provided by the chief of Service of the legislation concerning public order and law enforcement agencies of General legal management of the Secretariat of Parliament Serdzhiu Sidor. From the Government the deputy minister of justice to Nicolae Eshan took part.
7. On April 3, 2014, having recognized the Law No. 1349-XIII of October 17, 1997 on parliamentary lawyers invalid, the Parliament of the Republic of Moldova adopted the Law No. 52 on the national lawyer (ombudsman) which became effective on May 9, 2014.
8. This law determines activities of two independent national lawyers, one of whom specializes concerning protection of the rights and freedoms of the child.
9. Art. 21 of the h. (5) the item e) the Law No. 52 of April 3, 2014 provides that are not accepted by the national lawyer to consideration of the application of persons who the judgment are recognized as incapacitated.
A. National legal system
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 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 52. Right to submission of petitions
"(1) Citizens have the right to address the authorities with petitions only on its own behalf.
(2) Legally created organizations have the right to address with petitions only on behalf of collectives which they represent."
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."
11. Applicable provisions of the Law No. 52 of April 3, 2014 on the national lawyer (ombudsman) (M.O., 2014, No. 110-114):
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