The Constitutional Court declared the provisions that make pension payment dependent on the persons’ domicile unconstitutional. Following a request from the ombudsman, it examined the constitutionality of the ban on the transfer of the pension abroad, which is stipulated in Article 60 of the law on the provision of service members and persons from the command corps and troops of the internal affairs bodies and of the General Carabineer Inspectorate with pensions, IPN reports.

In its judgment, the CC noted that there is unjustified differentiated treatment in relation to the pensioners from the command corps and troops of the internal affairs bodies and to the public functionaries with a special status from the penitentiary administration system and from the General Carabineer Inspectorate who do not have the domicile in the Republic of Moldova, as against those who have the domicile in the Republic of Moldova, in terms of payment of pensions, and also to those who benefit from pension based on Article 36 of the law on the public pension system. Consequently, the challenged provisions run counter to Articles 46 and 47, corroborated by Article 16 of the Constitution, and were declared unconstitutional.

The Court reiterated its reasons stipulated in judgment No. 10 of May 8, 2018 by which it declared Articles 2 and 36 of the law on the public pension system, which made the payment of pensions dependent on the persons’ domicile, unconstitutional.

The judgment is definitive and cannot be appealed and takes effect when it is adopted.