The legal provisions saying the socially insured person who settles abroad is not entitled to pension were declared unconstitutional. The Constitutional Court passed such a judgment on May 8 following a challenge filed by a lawyer.
The Court held that the Government and Parliament provided no justification for striping this category of people of their right to pension only because they have the domicile outside the county.
The National House of Social Insurance invoked possible deficiencies in the process of simultaneous payment of pensions in Moldova and in other states with which Moldova didn’t sign bilateral agreements on social insurance. The Court decided that the institutional incapacity of the National House of Social Insurance cannot serve as a reason for depriving the persons of their fundamental rights.
The Court also ruled that the differentiated treatment of persons who do not have the domicile in Moldova, compared with those who live in Moldova, in terms of pension payment goes against the Constitution.
The Constitutional Court’s judgment is definitive and cannot be appealed. This takes effect when it is adopted and is published in the Official Gazette of the Republic of Moldova.
