The Constitutional Court, acting as part of Mr. Alexandru Tanase, President, Mr. Aurel BĂIEŞU, Mr. Mr. Talal Igor DOLEA, GEOGRAPHIC LOCATION, Mr. Victor PALMER, Mr. Zadrahimi, judges, with the participation of Mrs. Ludmila Chihai, Registrar, taking into account the appeal lodged on 31 October 2016 and recorded at the same time, examining the admissibility of the referral, taking into account the laws and proceedings, Acting on 10 March 2017 in the Chamber Council the next decision, a decision: in fact 1. The origin of the case lies the plea of unconstitutionality of articles 12 and 13 of law No. 499-XIV of 14 July 1999 on the State social allocations for some categories of citizens, raised by the lawyer Vyacheslav Roșca in file No. 3-837/16, pending the Court of Justice, the seat of the Centre.
2. The plea of unconstitutionality has been lodged with the Constitutional Court on 31 October 2016 by judge Svetlana Shropshire within the premises of the Centre Court, pursuant to article 135 paragraph 1. (1) (a). a) and g) of the Constitution, as interpreted by the decision of the Constitutional Court No. 2 of 9 February 2016, and of the regulation on the procedure for examining complaints lodged with the Constitutional Court.
A. the main dispute Circumstances 3. On 23 March 2016 v. l., addressed by the Territorial social insurance House Strășeni requesting the establishment of pension for age limit. By decision No. 22/2016/19020 of 24 March 2016, the territorial social insurance House Strășeni refused admission application and establishment of the pension.
4. On 21 April 2016 v. l. filed a request prior to the National House for social insurance, which challenged the decision of 24 March 2016, adopted by the Territorial social insurance House Strășeni, and has called for its cancellation. By decision No. It-519/16 of 18, 2016, the national social insurance House rejected the admission application.
5. On May 30, 2016 v. l. filed at District Court of Chișinău, the headquarters of the Centre, the demand for judgment against the National House of social insurance on the cancellation decisions No. 22/2016/19020 of 24 March 2016 and no. It-519/16 of 18, 2016 and compelling to recalculate the amount of maintenance and repair material and moral damage.
6. On 20 October 2016 Action's lawyer had requested the lifting of Veaceslav exception of constitutionality of articles 12 and 13 of law No. 499-XIV of 14 July 1999 on the State social allocations for some categories of citizens.
7. by the conclusion of the Court of Justice, the headquarters of the Centre, of 24 October 2016 was willing to suspend the process of referral to the Constitutional Court and the remission order.
B. relevant Legislation 8. The relevant provisions of the Constitution (republished in the Official Gazette, no. 2016, 78, art. 140) are as follows: Article 16Egalitatea "(1) respect and protect the human person constitutes a duty of the State.
(2) all citizens of the Republic of Moldova are equal before the law and public authorities, without distinction of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin. "


Article 47Dreptul to social assistance and protection "(1) the State is obliged to take measures to ensure that every person has a decent standard of living, whereby good health and welfare, and of his family, including food, clothing, housing, medical care, and social services.
(2) citizens have the right to be insured against such adversities as: unemployment, sickness, disability, widowhood, old age or other situations where loss of livelihoods, as a result of circumstances beyond them. "
9. The relevant provisions of law No. 499-XIV of 14 July 1999 on the State social allocations for some categories of citizens (republished in the Official Gazette, no. 2014, 87-91, art. 214) are as follows: the main Article 1Noţiuni "within the meaning of this law are used the following notions: State social allowance, the allowance, the amount of cash paid-monthly or one-time from the State budget to persons who do not satisfy the conditions for entitlement to a pension in accordance with the law on pensions of State social insurance;
[…]
elderly persons who have reached retirement age standard, but does not have a track record of contribution required for the establishment of the old-age pension;
[…].”


Article 2Dreptul to the allowance "(1) the right to the allowance benefits from the categories of persons specified in article 3, letter a)-(e)), which does not satisfy the conditions for entitlement to a pension of State social insurance, from among the citizens of the Republic of Moldova, as well as of foreigners residing legally in the territory of the Republic of Moldova, under the conditions laid down by the legislation in force.
[…].”


Article 3Beneficiarii shall receive allowances allowances "For the following categories of individuals: [...]
e) persons who have reached retirement age;
[…].”


Article 12Condiţiile establishing the allowance "Allowance for elderly persons shall be established by citizens who have reached retirement age in accordance with the legislation in force, but does not satisfy the conditions for entitlement to a pension of State social insurance and not at full state maintenance."


Article 13Cuantumul entitled ' allowance for elderly persons constitute 15% of the amount of the minimum indexed pension for old age, set annually by the Government. "
10. The relevant provisions of law No. 156-XIV of 14 October 1998 relating to the public pension system (republished in the Official Gazette, 2004, no. 42-44, art. 247) are as follows: Article 2Dreptul on pension "(1) the right to a pension is the person domiciled in the Republic of Moldova which satisfies the conditions laid down in this law.
(2) the right to a pension is imprescriptibil.
(3) the right to a pension may not be transferred, in whole or in part. "


Article 14Dreptul to the old-age pension "are entitled to old-age pension is granted if they are satisfied the conditions for retirement ages and stages of contribution provided for by the present law."


Article 15Condiţiile establishing old-age pension "(1) old-age Pension may be determined upon retirement age standard referred to in article 41, provided the minimum contribution to the completion of the traineeship for 15 years.

(2) the insured person which in the standard retirement age, there is no minimum qualifying period of contribution referred to in paragraph 1. (1) is entitled to the allowance in accordance with the law No. 499 of 14 July 1999 on the State social allocations for some categories of citizens.
(3) where, at the standard age of retirement, the insured do not exercise their right to a pension, the pension will be taking into account the stage of contribution made to the date of the request. "
In the author's Arguments exception. constitutionality 11. In the non-constitutionality exception, reasoning the author argues that the provisions of articles 12 and 13 of the law on State social allocations for some categories of citizens, whereby elderly persons who have reached retirement age, but do not satisfy the conditions for entitlement to a pension of State social insurance, and not at full state maintenance, shall be determined by the State social allowance the amount of which constitutes 15% of the amount of the minimum indexed pension for old age , set annually by the Government, violates the right of the individual to social protection.
12. The author of the contested exception provisions that differentiate citizens depending on the stage of the contribution, and the amount of the allowance of 15% of the amount of the minimum pension constitutes an inequity and inequality, which is contrary to article 16 of the Constitution.
13. At the same time, the author argues that the exception through the provisions of the contested legislature established a State social allowance below the minimum of existence, thus defying the right of citizens to a decent living, enshrined in article 47 of the Constitution.
B. Assessment Of Court 14. Examining the admissibility of the referral regarding constitutionality exception, the Court notes the following.
15. In accordance with paragraph 1 of article 135. (1) (a). the control of the Constitution) the constitutionality of laws, in particular of the law nr. 499-XIV of 14 July 1999 on the State social allocations for some categories of citizens, the competence of the Constitutional Court.
16. the Court finds that the plea of unconstitutionality, being raised by the lawyer Vyacheslav folder Action No. 3-837/16, pending the Court of Justice, the headquarters of the Centre, is made by the subject in charge with this law, pursuant to article 135 paragraph 1. (1) (a). a) and g) of the Constitution, as interpreted by the decision of the Constitutional Court No. 2 of 9 February 2016.
17. the Court reiterates that the prerogative to address the exceptions of unconstitutionality, which has been vested in it by article 135 paragraph 1. (1) (a). g) of the Constitution, requires correlation of laws and the Constitution, taking into account the principle of the supremacy of its provisions and to address the relevance of the contested dispute in the courts.
18. the court notice that constitutionality exception object is represented by the provisions of articles 12 and 13 of law No. 499-XIV of 14 July 1999 on the State social allocations for some categories of citizens.
19. the Court notes that the author claims that the provisions of the contested exception contravene articles 16 and 47 of the Constitution.
20. the Court notes that, according to article 14 of law No. 156-XIV of 14 October 1998, the right to an old-age pension shall be granted if the conditions are satisfied concerning (1) the retirement ages and 2 stages of contribution provided for by the said law.
21. If the persons do not fulfil the conditions for entitlement to a pension of State social insurance, they benefit from social allowance under the terms of law No. 499-XIV of 14 July 1999.
22. In its jurisprudence, the Court noted that the State has a wide margin of discretion in the field of social rights, and the rights provided for in article 47 of the Constitution does not guarantee individuals a tangible level of social insurance. Social guarantees are not unconditionally, the legislator being entitled to establish specific conditions for the exercise of social rights.
23. In this connection, the Court noted that the method of calculating the State social allowances represents an option of the legislature, which is free, depending on available financial resources, to determine the contents of the grant of the right, and the limits and conditions under which it may be granted when economic and social realities so require.
24. At the same time, in its jurisprudence, the Court noted that any difference in treatment does not automatically entail a violation of article 16 of the Constitution. To fix the violation of article 16 of the Constitution has to be noted that persons in similar situations or comparable benefits from preferential treatment and that this distinction is discriminatory.
25. Thus, the principle of equality enshrined by the Constitution does not mean uniformity, he assumes the situations equal treatment, equal treatment for different legal situations can only be different.
26. Therefore, the Court retains a distinct situation among the persons who meet the cumulative conditions laid down by national law in order to benefit from the right to an old-age pension for persons who do not meet these conditions.
27. In the light of those exposed to supra, the Court noted that the appeal does not meet the conditions of eligibility to be examined on the merits.
For these reasons, pursuant to article 26 of the law on the Constitutional Court, articles 61 para. (3) and 64 of the code of constitutional jurisdiction and item 28 lit. d) of the regulation on the procedure for examining complaints lodged with the Constitutional Court, the Constitutional Court DECIDES: 1. To be declared inadmissible the appeal regarding plea of unconstitutionality of articles 12 and 13 of law No. 499-XIV of 14 July 1999 on the State social allocations for some categories of citizens, raised by the lawyer Vyacheslav Roșca in file No. 3-837/16 pending in District Court, the seat of the Centre.
2. this decision is final, cannot be subject to any appeal, shall enter into force on the date of its adoption and shall be published in the Official Gazette of the Republic of Moldova.