Last yearend, we explained the notions of “exception of unconstitutionality” and “invoking of the exception of unconstitutionality”. The first issue of the Official Gazette this year (No.1-6) offers us a relevant example: the invoking of the exception of unconstitutionality ultimately led to the amendment of the challenged documents. In virtue of the Constitutional Judgment No. 32/2016 on the control of the constitutionality of provisions concerning the execution of claims against the state, Parliament, by Law No. 212 of December 1, 2017, page 24, amended Law No. 1545/1998 on the method of repairing damage caused by the illegal actions of the investigation and prosecution bodies and courts of law, Law No. 87/2011 on the repairing by the state of damage caused by violating the right to the trying of the case in a reasonable timeframe or of the right to the execution of the court decision in a reasonable timeframe and Law on public finances and budgetary-fiscal responsibilities No. 181/2014.
The history behind the Constitutional Court’s Judgment dates from 2008, when Olga Caigorodtsev filed a civil lawsuit against the state to have her property that was confiscated and nationalized as a result of the political repression of 1949 restored and be paid compensation in respect of non-pecuniary damage and for the incurred costs. The case was examined for several times in different courts, but unsuccessfully. On July 1, 2016, the plaintiff’s lawyer invoked the exception of unconstitutionality of provisions of Laws No. 87/2011 and 847/1996 and requested to notify the Constitutional Court, which eventually decided.
Thus, as a result of the changes made by lawmakers, there was instituted a more efficient procedure against the excessive execution length, namely the obligation to execute court judgments that ascertain the violation of the right to the trying of the case and those about the repairing of damage caused by judicial errors, when they are definitive (passed by courts of law following appeals), not irrevocable (court judgments) based on a number of conditions. Also, the period for implementing court judgments to repair the damage was reduced from six to three months.
The law to amend Article 9 of Law No. 1593/2002 on the size, method and terms of paying mandatory health insurance (No. 252, December 1, 2017), page 3, appeared after the Court of Auditors reported a reduction in the transfers from the state budget to the mandatory health insurance funds, from 56.3% in 2010 to 43.4% in 2015, even if the categories and number of persons insured by the Government increased (by about 100 000 people). Earlier, the 16 categories of unemployed people with residence in the Republic of Moldova insured by the Government benefited from transfers from the mandatory health insurance funds totaling not less than 12.1% of the public budget costs. The given law extends the figure to the approved sum of transfers for the previous year indexed based on the consumer price index forecast for the respective year.
The current issue of the O.G. also includes a new act on the Court of Auditors – Law on the organization and functioning of the Court of Auditors of Republic of Moldova (No. 260, December 7, 2017), pages 39-46. The law was adopted to implement the recommendations of international and European audit institutions and to enhance the functional, operational and financial independence of the supreme national audit institutions that these need to fulfill their duties and achieve statutory objectives.
There was also adopted a new act on the method of keeping records in society – Law on accounting and financial reporting (No. 287, December 15, 2017), pages 47-56, which aims to reduce the administrative pressure concerning the preparing of the audit and publication of the financial situations of small entities. The given law transposes Directive 2013/34/EU of the European Parliament and of the Council on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings. As of January 1, 2019, when it will take effect, the Law on accounting No. 113/2007 will be applied only in relation to budget authorities/institutions.
The O.G. also contains Law on the protection of animals used for experimental or other scientific purposes (No. 211, October 19, 2017), pages 5-23. The given act was adopted to implement the Moldova – EU Association Agreement and to transpose Directive 2010/63/EU on animals used for scientific purposes. The law substitutes the previous regulations (of law No. 265/2006) and introduces new norms on the replacement and reduction of the use of animals in experiments and on animal care and sheltering and takes effect today. The task of the Government is to adjust the legislation to the given law.
The current issue of the O.G. also includes an amendment that generates questions. Law to amend and supplement Law No. 156/1998 on the public pension system (No. 317, December 22, 2017), page 57, annuls an article introduced a year ago – concerning early old-age pension. The move is not clear as rather unbeatable arguments in favor of this pension were provided from the Parliament rostrum in December 2016. The law also provides that the old-age and disability pensions set in 2012–2013 will be valorized as of April 1, 2018, while those set between January 1, 2014 and March 31, 2017 as of October 1, 2018.
For conformity, Official Gazette review
