Opinion of the Venice Commission concerning the Law on Professional Integrity Testing presented to the Constitutional Court

On 13 December 2014, following the letter submitted by the President of the Constitutional Court, Alexandru Tănase, the Venice Commission (European Commission for Democracy through Law of the Council of Europe) announced its amicus curiae brief on the Law no. 325 of 23 December 2013 on Professional Integrity Testing.

The full text of the amicus curiae brief of the Venice Commission concerning the compliance with European standards relating to democracy and human rights of the Law on Professional Integrity Testing, as well as the unofficial translation in Romanian may be accessed on the official website of the Constitutional Court www.constcourt.md.

As a reminder, the Constitutional Court informs that on 20 June 2014, a complaint was lodged by the MP's Galina Balmoș, Postoico, Artur Reșetnicov and Igor Vremea, to review the constitutionality of certain provisions of the Law on Integrity Testing (Complaint no. 43/2014). 

On 11 September 2014, in plenary sitting the Court declared the complaint admissible.

Within the same sitting, the Constitutional Court decided to request an amicus curiae brief from the Venice Commission on the observance of democratic standards in adopting the challenged norms, given that the opinion of this institution was not requested prior to the adoption of the respective law. That is to say, under its commitments within the Council of Europe, the Republic of Moldova should have submitted for expertise to the Council of Europe, prior to the adoption, all the draft laws in the fields of justice and the functioning of democratic institutions.