Judgment no. 19 of 22.06.2015

Judgment on the interpretation of Article 34 para. (3) of the Constitution of the Republic of Moldova (access to information) (Application No. 23b/2015)


The subject of complaint: Member of Parliament
Type of judgment: Interpretation of the Constitution of the Republic of Moldova
Provision: interpretation of the Constitution


Court ruling:
1. en-JCC192015eng10cea.pdf


Application:
1.


1. The case originated in the application lodged with the Constitutional Court on 27 May 2015, under Articles 135 para.(1) let.b) of the Constitution, 25 let.g) of the Law on the Constitutional Court and Art. 38 para. (1) let.g) of the Code of Constitutional Jurisdiction, by Members of the Parliament Mihai Ghimpu and Valeriu Munteanu on the interpretation of Article 34 para.(3) of the Constitution of the Republic of Moldova.

2. The authors of the application have requested the Constitutional Court to interpret Article 34 para. (3) of the Constitution to identify the limits of restriction of right of access to information.

3. Also, the authors of the application have requested the Court to deliver its judgment on the interpretation of provisions of Article 34 para.(3), on the constitutionality of assigning the word `secret` to Government Decision No.938 of 13 November 2014 on ensuring macroeconomic stability in the context of regional conjuncture.

4. By the decision of the Constitutional Court of 2 June 2015 the application had been declared admissible, without any prejudices to the merits.

5. In preparing the applications for examination, the Constitutional Court has requested the opinions of the Parliament, President, and Government of the Republic of Moldova.

 

6. The authors of the application were not present in public hearing of the Court. The Parliament was represented by Mr. Ion Creanga, Head of Legal Division of Parliament Secretariat, and the Government was represented by Mr. Nicolae Esanu, Deputy Minister of Justice.a

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