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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 2, 2017 No. 15

About control of constitutionality of some provisions of Art. 10-1 of the h. (1) the Law No. 328 of December 23, 2013 on compensation of judges and prosecutors (the address No. 41a/2017)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop,

Vyacheslav Zaporozhan, judges,

with the assistance of the secretary of meeting Lyudmila Kikhay,

in view of the address provided and registered on April 3, 2017

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 April 3, 2017 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 Art. 10-1 of the h. (1) the Law No. 328 of December 23, 2013 on compensation of judges and prosecutors.

2. The author of the address considers that Art. 10-1 of the h. (1) the Law No. 328 of December 23, 2013 on compensation of judges and prosecutors, providing that the official pay rates of judges and prosecutors established according to Article provisions 1, are subject to annual revision since April 1 within the assignments provided on these purposes in the national public budget, Art. 1 of the h contradicts. (3), Art. 46 of the h. (1) and Art. 116 of the h. (1) Constitutions.

3. Determination of the Constitutional court of April 3, 2017, 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 Highest trial chamber, the Supreme council of prosecutors and the Prosecutor General's Office.

general legal management of the Secretariat of Parliament. The government was represented by Eduard Serbenko, the deputy minister of justice, Maria Kereush, the Deputy Minister of Finance, and Viorika Revenko, the deputy head of department on wages policy of the Ministry of Labour, Social Protection and Family.

Actual circumstances

6. The law No. 328 of December 23, 2013 regulates procedure and payment terms of work of judges and prosecutors, including the size of their official pay rates, and the single system of compensation of judges and prosecutors in which the average salary on economy in the year preceding accounting year is taken as basis is installed.

7. The wages system of judges and prosecutors creates general basis for application of single standards and procedures in case of establishment of the salary and provides creation of hierarchy of the salaries on categories of judges depending on the level of degrees of jurisdiction and prosecutors depending on the level of prosecutor's offices.

8. The law No. 281 of December 16, 2016 the Parliament added the Law No. 328 of December 23, 2013 with Article 10-1, which provides that the official pay rates of judges and prosecutors established according to Article provisions 1, are subject to annual revision since April 1 within the assignments provided on these purposes in the national public budget.

Applicable legislation

9. Applicable provisions of the Constitution (repeated publication in M.O., 2016, No. 78, the Art. 140):

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 46 Right of Private Property and its protection

"(1) the Right of private property, and also the debt obligations undertaken by the state are guaranteed.

[…]".

Article 116 Status of Judges

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

[…]".

10. Applicable provisions of the Law No. 514-XIII of July 6, 1995 on judicial system (переопубликован 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 22 Expenses on justice implementation

"(1) the Financial resources necessary for proper functioning of degrees of jurisdiction affirm Parliament according to the offer of the Supreme council of magistracy and join in the government budget. These means cannot be reduced without the consent of the Supreme council of magistracy and are subject to regular payment.

(2) Court costs are regulated by the law and join in budgets of the relevant degrees of jurisdiction the individual clause of expenses.

(3) Degrees of jurisdiction and National institute of justice shall provide in the budgets necessary means for covering of expenses on programs of continuous training of chiefs of the secretariats of degrees of jurisdiction and assistants to judges".

11. Applicable provisions of the Law No. 328 of December 23, 2013 on compensation of judges and prosecutors (M.O., 2014, No. 14-16, the Art. 32):

Article 1 Subject and scope of the law

"(1) This law regulates procedure and payment terms of work of judges and prosecutors, including the size of their official pay rates, and installs single system of compensation of judges and prosecutors in which the average salary on economy in the year preceding accounting year is taken as basis.

(2) the Wages system of judges and prosecutors creates general bases for application of single standards and procedures in case of establishment of the salary and provides:

a) creation of hierarchy of the salaries on categories of judges depending on the level of degrees of jurisdiction;

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