The Constitutional Court declared unconstitutional a number of provisions of the Law on the Regime of Foreigners based on a requisition filed by MP Dumitru Alaiba, who challenged the provisions banning foreigners who were declared undesirable for national security reasons from familiarizing themselves with the reasons for such a decision, not even in court.
The MP also challenged the provisions stipulating that the foreigners can be expelled if they pose a threat to the national security or public order of the Republic of Moldova even if there are justifiable fears that their life will be in danger or they will be subject to torture, inhuman or degrading treatment in the state of destination, IPN reports.
In the first case, the CC noted that the foreigner can hire a lawyer who has access to the state secret. Such a lawyer is informed about the reasons based on which the foreigner is declared undesirable for national security reasons. The Court ruled that Article 225, par. (3) of the Administrative Code is unconstitutional in the part that limits the courts’ power to check the proportionality of individual and normative documents, this being against Article 20 of the Constitution.
In the second case, the CC held that the Constitution and case law of the ECHR ban expulsion in the eventuality of justifiable fears that the life of the foreigner will be in danger or this will be subject to torture, inhuman or degrading treatment in the state of destination. It declared unconstitutional texts “(e)” of Article 60, par. (4) and “(1)” of Article 63, par. (4) of the Law on the Regime of Foreigners in the Republic of Moldova.
