Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 22, 2015 No. 19

About interpretation of the h. (3) Art. 34 of the Constitution of the Republic of Moldova (right to information) (Address No. 23b/2015)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Victor of Pop, judges,

with the assistance of the secretary of meeting, Theodor Papuk,

in view of the address provided and registered on May 27, 2015

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 deputies of Parliament of Mihai Ghimpu and to Valeriu Muntyan brought into the Constitutional court on May 27, 2015 according to provisions of Article 135 of the h formed the basis for consideration of the case. (1) item b) Constitutions, Article 25 of the item g) Law on the Constitutional court and Article 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about interpretation of the h. (3) Art. 34 of the Constitution of the Republic of Moldova.

2. Authors of the address ask the Constitutional court to give interpretation of the h. (3) Art. 34 of the Constitution for the purpose of determination of limits of restriction of information access.

3. Also authors of the address ask the Constitutional court to speak by means of interpretation of provisions of the h. (3) Art. 34 of the Constitution concerning constitutionality of assignment of signature stamp "confidentially" to the Order of the Government No. 938 of November 13, 2014 about ensuring macroeconomic stability in the context of regional environment.

4. Determination of the Constitutional court of June 2, 2015, without decision in essence, the address was acknowledged acceptable.

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

6. Authors of the address were not on meeting of the Constitutional court. Participated in meeting: from Parliament Ion Kryange, the chief of general legal management of the Secretariat of Parliament, from the Government – to Nicolae Eshan, the deputy minister of justice.

Actual circumstances

7. Article 34 of the Constitution of the Republic of Moldova guarantees the right to information. According to the first part of this Article, the right of person to access to any information concerning public affairs cannot be limited.

8. According to the h. (3) Art. 34 of the Constitution, the right to information shall not cause damage to the measures directed to protection of citizens or homeland security.

9. The law No. 245 of November 27, 2008 on the state secret determines categories of the data which are the state secret, and the principles of reference of data to the state secret and also procedure for appeal of decisions on information classification.

10. On November 13, 2014 the Government of the Republic of Moldova accepted with signature stamp "confidentially" the Resolution No. 938 on ensuring macroeconomic stability in the context of regional environment providing allocation by National Bank of Moldova of the amount in the amount of 9500 million lei for ensuring stability of financial system and release of the state guarantees for the emergency credits. The specified resolution carried security classification till April 14, 2015 when it was published in No. 93/180 "Monitorul Oficial al Republicii Moldova".

Applicable legislation

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

Article 1. State Republic of Moldova

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