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19.09
2013

Setting age limits for admission on Master and PhD studies – unconstitutional (Complaint No. 25a/2013)

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On 19 September 2013 the Constitutional Court delivered its judgment on the constitutionality of provisions regarding the age limit for admission to Master and PhD studies (Complaint No. 25a/2013).

 

Circumstances of the case

 

At the origin of the case lies the complaint of the ombudsman, Mr. Anatolie Munteanu, lodged with the Constitutional Court on 6 June 2013 for the constitutional review of item 16 of the Regulation on the organization and carrying out of doctoral and post-doctoral studies, approved by Government Decision No. 173 of 18 February 2008 and certain provisions of item 4 of the Government Decision No. 962 of 5 August 5 2003 on the functioning of the Academy of Public Administration under the President of the Republic of Moldova.

 

Under those provisions, the daily education with public financing, the age limit for candidates is 35 years for the PhD studies in doctoral institutions and 45 years for Master studies at the Academy of Public Administration under the President of the Republic of Moldova.

 

The author of the complaint alleged, in particular, that the contested provisions are contrary to the articles 16 para. (2), 35 para. (7) and 54 of the Constitution, as well as other international acts to which Republic of Moldova is part.

 

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

 

Mr Alexandru TĂNASE, President,

Mr Igor DOLEA,

Mr Aurel BĂIEŞU,

Mr Tudor PANŢÎRU,

Mr Victor POPA,

Mr Petru RĂILEAN, judges

 

Conclusions of the Court

 

Hearing the reasoning of the parties and examining the case file, the Court held that under article 35 paragraph (1) of the Constitution, the right to education is ensured through compulsory general education, through high school and vocational education, through higher education and other forms of training and retraining.

 

The Court held that the right to education is one of the most important social rights of the human. This right creates the necessary premises for the integral affirmation of the child's personality and human dignity, as well as for the development of the entire society. On the intellectual level of individual person depends not only his/her promotion on the social ladder and social status, but also the progress of the society as a whole, the development of economic, social and cultural life.

 

Furthermore, the Court noted that, based on the constitutional provisions, the admission to educational institutions should provide everyone equal opportunities to access the various types and degrees of education based on merit.

 

The Government’s Representative supported the complaint and recognized that the establishment of an age limit for access to PhD studies in institutions with doctoral activity and with master studies at the Academy of Public Administration under the President of the Republic of Moldova is restricting this constitutional right.

 

Judgment of the Court

 

Starting from the reasoning invoked above, the Constitutional Court upheld the complaint of the ombudsman Anatoly Munteanu and declared unconstitutional the item 16 of the Regulation on the organization and carrying out of doctoral and post-doctoral studies, approved by Government Decision No. 173 of 18 February 2008 and the phrase "older, usually up to 45 years" of the item 4 of the Government Decision No. 962 of 5 August 5 2003 on the functioning of the Academy of Public Administration under the President of the Republic of Moldova.

 

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.

 

 

 
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