Moldovan top court partially admits notifications on unconstitutionality of Law 212

Chisinau, 23 June /MOLDPRES/ - The Constitutional Court (CCM) today only partially admitted the notifications on unconstitutionality of the Law 212 and declared an article of the Administrative Code as unconstitutional. Thus, most provisions from the law on the regime of the state of emergency, siege and war do not run counter the Constitution.    

The CCM judges considered the constitutionality of some stipulations of the Law No 212 from 24 June 2004 on the regime of the state of emergency, of siege and war and of some provisions of the Parliament Decision No 55 from 17 March 2020 on the declaring of the emergency state. The judges ruled that most provisions contained in the Law No 212 were constitutional as long as ‘’the authorities in charge of the management of the emergency state fulfill only powers, measures and actions necessary for the goal which stayed at the basis of the declaring of the emergency state; the powers, measures and actions needed do not exceed the competence of the executive power; the parliament can exercise an effective control of the measures discussed.’’  

At the same time, the Constitutional Court declared unconstitutional the article 225, paragraph 3, of the Administrative Code in its part which limits the power of law courts to carry out the control of the proportionality of the measures instructed by the public authority.   

At a news briefing, President of the Constitutional Court Domnica Manole said that the judicial institutions, which will consider possible appeals in administrative court, would have to judge whether the measure imposed was proportional.