The Constitutional Court has declared unconstitutional a Law on the Balti Free Economic Zone (FEZ) adopted by the Filip Government under an emergency procedure in February, as Parliament had been dissolved pending election. The judgment is pronounced following a referral by deputy Igor Munteanu.
The Court has concluded that the Government failed to demonstrate that the the exclusion of a 2,238 ha plot of land located in Chisinau from the Balti FEZ amounted to a real emergency.
According to the Court, the Government “did not present conclusive arguments regarding the need for this regulation to be adopted under emergency proceedings that it was objectively necessary to immediately enforce the law in question.”
The Court has also found that formal conditions for the emergency law to be passed were not met either.
Igor Munteanu argued in his referral that there was no economic reasoning that would justify the Government's responsibility to modify an organic law in the absence of a functioning Parliament. Also, there was no other objective factor that would justify depriving FEZ of land that was originally intended for an Applied Engineering and Technology Park.
