The Constitutional Court (CC) today declared unconstitutional the amendments adopted by the MPs of the Party of Socialists and the Shor Party to the Insolvency Law in the nocturnal meeting of December 16, 2020. The Court restored the previous provisions of the law following a challenge filed by PAS MP Lilian Carp, IPN reports.
The MP said the law of December 16, 2020 was adopted by violating the lawmaking procedures. By the challenged law, there was introduced a rule according to which the insolvency institution is obliged to inform the debtor about the submission of the introductive application before the application acceptance decision is issued so as to offer time for formulating the reference. According to the author of the challenge, such circumstances can lead to the diminution of the assets by the debtor, to the detriment of the creditor’s patrimonial interests.
The CC supported the MP’s arguments and ascertained the incidence of Articles 20 (free access to justice) and 46 (right to private property) of the Constitution in relation to the amendments made to Articles 28 par. (1) and 21 par. (2) of the Insolvency Law.
The decision is final, cannot be disputed, takes effect when it is adopted and is published in the Official Gazette of the Republic of Moldova.
