Home   |  Media   |  News | Finding of unconstitutionality on examination of anonymous complaints
17.09
2013

Finding of unconstitutionality on examination of anonymous complaints

14097 Views    
  print

On 17 September 2013 the Constitutional Court delivered its judgment on the constitutionality of provisions of article 10 of the Law No. 190-XIII on petitions and item 22 of Annex No. 1 of the Parliaments’ Decision No. 57-XVI of 20 March 2008 approving the Regulation of the Centre for Human Rights, its structure, the statute of functions and its financing, as amended by the Law No. 73 of 4 May 2010 amending certain laws (Complaint No. 14a/2013).

 

Circumstances of the case

 

At the origin of the case lies the complaint of the Supreme Court of Justice, lodged at the Constitutional Court on 2 May 2013 for the constitutional review of provisions that establish compulsoriness of examining the anonymous complaints, in case they are related to public order and national security.

 

The author of the complaint alleged, in particular, that the contested provisions are contrary to the articles 28 (Intimate, family and private life) and 52 (right to petition) of the Constitution.

 

The Constitutional Court ruled on the complaint in the following composition:

 

Mr Victor POPA, Chairman of the sitting,

Mr Igor DOLEA,

Mr Tudor PANŢÎRU,

Mr Petru RĂILEAN, judges

 

Conclusions of the Court

 

Hearing the reasoning of the parties and examining the case file, the Court held that according to article 52 para. (1) of the Constitution, citizens have the right to address to public authorities by petitions formulated only in the name of the signatories.

 

The Court held that the constitutional provision gives to the citizens the right to address to public authorities on their own initiative and the ability to claim their rights previously injured.

 

The Court also concluded that, form the text of the article 52 of the Constitution, it is clear that any petition shall be signed and, therefore, must contain identification data of the petitioner.

 

The Court held that, by its express wording, the constitutional text does not establish nor protects the legal right to anonymous petition.

 

The Court held that, establishing by the law the obligation of competent authorities to investigate anonymous complaints, in case if they contain information relating to national security or public order, the legislator included provisions that go beyond constitutional law and, thus, actually changed the content of the constitutional norm without amending the Constitution. However, the wording of article 52 of the Constitution does not leave at the Parliament’s discretion any maneuver that would allow it to establish exceptions from the rule of signing petitions.

 

Judgment of the Court

 

Starting from the reasoning invoked above, the Constitutional Court partially upheld the complaint of the Supreme Court of Justice and declared unconstitutional the phrase “Are excepted the petitions containing information relating to national security or public order, which shall be submitted for review to the competent authorities” in the article 10 para. (2) of the Law No. 190-XIII on the petition, as amended by the Law No. 73 of 4 May 2010 amending some legislative acts and the phrase “Are excepted the petitions containing information relating to national security or public order, which shall be submitted for review to the competent authorities” in the item 22 of Annex No. 1 of the Parliaments’ Decision No. 57-XVI of 20 March 2008 approving the Regulation of the Centre for Human Rights, its structure, the statute of functions and its financing, as amended by the Law No. 73 of 4 May 2010 amending certain laws.

 

 

The Judgment of the Constitutional Court is final, cannot be appealed, shall enter into force on the date of passing, and shall be published in the Official Journal of the Republic of Moldova.

 
Phone.: +373 22 25-37-08
Fax.: +373 22 25-37-46
Total visits: 6810816  //   Visitors yesterday: 2189  //   today: 594  //   Online: 1
Quick access