Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 16, 2017 No. 7

About control of constitutionality of Art. 41 of the h. (4) the Code of the Republic of Moldova about education of July 17, 2014 No. 152 (providing pupils with textbooks) (the address No. 162a/2016)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Vyacheslav Zaporozhan, judges,

with the assistance of the secretary of meeting Alena Balaban,

in view of the address provided and registered on December 28, 2016

having considered the specified address in open plenary meeting, considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The address of deputies of Parliament of Vasile Bol and Vladimir Odnostalko brought into the Constitutional court on December 28, 2016 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 g) Law on the Constitutional court and Art. 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about control of constitutionality of some provisions of Art. 41 of the h. (4) the Code of the Republic of Moldova about education No. 152 of July 17, 2014.

2. Authors of the address consider that provisions of Art. 41 of the h. (4) the Code of the Republic of Moldova about education contradict provisions of Art. 16 and Art. 35 of the Constitution.

3. Determination of the Constitutional court of January 19, 2017, without decision in essence, the address was acknowledged acceptable.

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

5. At open plenary meeting there were deputies of Parliament of Vasile Bol and Vladimir of Odnostalko, authors of the address. The address supported Vasile Bol. From Parliament there was Valeriu Kuchuk, the chief of service of representation at the Constitutional court and legal bodies of general legal management of the Secretariat of Parliament. The government the head of legal department of the Ministry of Public Education represented Rodik Zhosana.

Actual circumstances

6. The code of the Republic of Moldova about education accepted by Parliament on July 17, 2014 establishes the legal basis of the relations connected with planning, the organization, functioning and educational development in the Republic of Moldova.

7. According to Art. 41 of the h. (1) the Code of the Republic of Moldova about education No. 152 of July 17, 2014 (further – the Code about education) in educational institutions the textbooks developed based on the National kurrikulum, selected and published on the basis of tender are used.

8. So, according to Art. 41 of the h. (3) the Code pupils of primary education are provided with textbooks free of charge. At the same time provisions of the h. (4) the Code provide that pupils of the V-XII classes are provided with textbooks according to the rent scheme approved by the Ministry of Public Education.

Applicable legislation

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

Article 35 Right to education

"(1) the Right to education is provided with the compulsory general education, lyceum and professional education, the higher education, and also other forms of education and advanced trainings.

[…]

(4) the State education is free.

[…]

(7) the State lyceum, professional and higher education is equally available to all depending on capabilities.

[…]".

10. Applicable regulations of the Code of the Republic of Moldova on education No. 152 of July 17, 2014 (M.O., 2014, Art. No. 319-324, 634):

Article 12 Structure of Education System

"The education system is organized in the form of levels and cycles according to the International standard classification of education (MSKO – 2011):

a) level 0 – early education:

– prepreschool education;

– preschool education;

b) level 1 – primary education;

c) level 2 – secondary education, the I cycle: gymnasia education;

d) level 3:

– secondary education, II cycle: lyceum education;

– average vocational training;

e) level 4 – postaverage vocational training;

f) level 5 – postsecondary not tertiary vocational training;

g) level 6 – the higher education, the I cycle:

litsentsiatura;

h) level 7 – the higher education, the II cycle: magistracy;

i) level 8 – the higher education, III cycle: doctoral studies".

Article 13 Compulsory education

"(1) Compulsory education begins with preparatory group of preschool education and comes to the end with lyceum or secondary and postaverage vocational training.

(2) the Requirement of visit of organizations of compulsory education stops at the age of 18 years.

(3) Responsibility for scope of children up to 16 years is conferred by compulsory education on parents or other legal representatives and on bodies of local public authority of the first and second levels.

(The Ministry of Public Education develops 4), claims and performs monitoring of accomplishment of regulations on scope of children of school age compulsory education".

Article 20 Organization of the General Education

"(The General education includes 1):

a) early education:

– prepreschool groups – for children from 0 to 3 years;

– preschool groups – for children from 3 to 6 (7) years, including preparatory groups;

b) primary education: I–IV classes;

c) gymnasia education: V–IX classes;

d) lyceum education: X–XII (XIII) classes.

(2) the General education includes also vocational education, out-of-school education, educational alternatives.

[…]".

Article 41 Textbooks

"(1) In educational institutions the textbooks developed based on the National kurrikulum, selected and published on the basis of tender according to the provision approved by the Ministry of Public Education are used.

(2) In educational institutions also the alternative education guidances developed based on the National kurrikulum, selected on the basis of tender and recommended by the Ministry of Public Education can be used.

(3) Pupils of primary education are provided with textbooks free of charge.

(4) Pupils of the V-XII classes are provided with textbooks according to the rent scheme approved by the Ministry of Public Education.

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