Moldovan Constitutional Court find out unconstitutionality of provisions from civil procedure code

Chisinau, 7 December /MOLDPRES/ - The Constitutional Court (CCM) has declared unconstitutional more provisions of an article from the civil procedure code as to the evaluation of the integrity.   

At a news briefing given today, President of the Constitutional Court Domnica Manole said that the provisions of the Articles 343 (8) of the civil procedure code and 17, paragraphs (2), (3) and (4) of the Law on the evaluation of the institutional integrity run counter the Article 20 and 26 corroborated with Article 54 of the Constitution. Thus, CCM said that the text ‘’and of assessing the result of the professional integrity test’’ from the Article 343 (6) of the civil procedure code must be declared unconstitutional too.        

“Till the amendment of the legislation in the field of assessing the professional integrity, the institution which evaluates the institutional integrity will assess, after the carrying out of the professional integrity test, its result,’’ Domnica Manole said.

According to the president of the Constitutional Court, after the result of the testing is communicated, the public agent tested will have possibility: to contest the result of the testing of the professional integrity in court in the order of the contentious administrative matters; to participate in court in the consideration of the result of the integrity’s testing, by ensuring the confidentiality of the testers, of the testing means and ways; to have access to the materials of testing, by ensuring the testers’ confidentiality, of the testing means and ways; and to use ways of appeal regulated by the Administrative Code     

At the same time, to give effect to the present decision in which the exception of unconstitutionality was raised, the Constitutional Court said that, to benefit from an effective remedy, the author of the notification would have right to appeal the conclusion on the assessment of the result of the testing of the professional integrity, according to the civil procedure code. The term of the second appeal will be calculated starting from the date of adoption of this decision.