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Exclusion from judicial review of the administrative acts on states of emergency – unconstitutional
On 11 February 2014 the Constitutional Court delivered its judgment on the constitutionality of the Article 4 let. e) of the Administrative Litigation Law No. 793-XIV of 10 February 2000 (Complaint No. 38a/2013).
Circumstances of the case
At the origin of the case lies the application submitted to the Constitutional Court on 13 August 2013 by the ombudsman, Ms Aurelia Grigoriu.
The author of the application considers that the challenged norm, whereby the administrative acts on states of emergency were excluded from judicial review, violates the provisions of the Articles 16, 20, 53 and 54 of the Constitution, as well as the provisions of some international acts on human rights.
The Constitutional Court ruled on the application in the following composition:
Mr Alexandru TĂNASE, President,
Mr Petru RĂILEAN,
Mr Aurel BĂIEŞU,
Mr Igor DOLEA,
Mr Tudor PANŢÎRU,
Mr Victor POPA, judges
Conclusions of the Court
Examining the reasoning of the parties, the Court held that Article 20 of the Constitution guarantees any person the right to access to justice against actions infringing upon his/her legitimate rights, freedoms and interests.
Moreover, under Article 53 of the Constitution, the person prejudiced in any of his/her rights by a public authority by way of an administrative act or failure to solve a complaint within the legal term, is entitled to obtain acknowledgement of the declared right, cancellation of the act and payment of damages.
Following its constant practice, in line with the jurisprudence of the European Court of Human Rights, the Constitutional Court held that administrative acts that are affecting the rights or fundamental freedoms can not be excluded from judicial review.
Therefore, the Court concluded that the challenged provision that excludes the administrative acts on states of emergency from any form of judicial review is unconstitutional.
Judgment of the Court
Starting from the reasoning invoked above, the Constitutional Court upheld the application of the ombudsman, Ms Aurelia Grigoriu and declared unconstitutional the Article 4 let. e) of the Administrative Litigation Law No. 793-XIV of 10 February 2000.
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 Gazette of the Republic of Moldova.