No Complaint Was Inadmissible. 6/2016 On The Control Of The Constitutionality Of Article 8 Para. (1) D) Of The Law No.294-Xvi Of 21 December 2007 On Political Parties (Conditions Necessary For The Registration Of Political Parties)

Original Language Title: de inadmisibilitate a sesizării nr. 6a/2016 privind controlul constituționalității articolului 8 alin. (1) lit. d) al Legii nr.294-XVI din 21 decembrie 2007 privind partidele politice (condițiile necesare înregistrării partidelor politice)

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=364108

The Constitutional Court, sitting in composition:
Mr. Alexandru Tanase, President, Mr. Aurel
BĂIEŞU, Mr. Igor
DOLEA,
Mr. Victor POPA, judges, Sorina Munteanu
with Ms Registrar,
Considering the complaint filed on 8 February 2016
Registered on the same date
examined the admissibility of the referral mentioned
Considering documents and materials,
deliberated on 23 March 2016 in the room the council
Delivers the following decision: tHE FACTS

1. On 8 February 2016 the deputy Vadim Pistrinciuc addressed a complaint the Constitutional Court, requesting review the constitutionality of Article 8 para. (1) d) of the Law no.294-XVI of 21 December 2007 on political parties.
A.
Two grounds for referral. The grounds for referral, as was exposed by the author, can be summarized as follows.
March. Author complaint alleges that, according to Law No. 718-XII of 17 September 1991 on parties and other social-political party was needed for the registration of 300 members. By Law no. 146-XIV of 30 September 1998 Parties Act was amended so as to register a party was required of at least 5,000 members residing in at least half of the administrative units of the two, but not more than 150 each territorial unit. With the administrative-territorial reform and reduction of the number of second level units by Law nr.367-XIV of 24 April 1999, the legislature substituted the number "150" to "600". After returning to districts by Law nr.464-XV of 20 November 2003, the figure "600" was substituted for the number "150".
4. On 21 December 2007 was adopted a new Law on Political Parties (no. 294-XVI). Article 8 para. (1) d) of the Act provides that a party is required to record at least 4,000 members residing in at least half of the administrative-territorial units of the second, but not less than 120 members in each of these administrative units.
May. The author argues that the notification provisions of Article 8 para. (1) d) of Law no. 294-XVI on political parties unduly restrict freedom of association in political parties, contrary to Articles 4, 8, 23 and 41 paragraph. (1) of the Constitution and Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
B. 6
relevant legislation. The relevant provisions of the Constitution (OJ 1994, no. 1) are:
Article 4Drepturile and freedoms


"(1) Constitutional provisions on the rights and freedoms are interpreted and applied in accordance with the Universal Declaration of Human Rights, with the covenants and other treaties to which Moldova is party.
(2) Where any inconsistencies exist between the covenants and treaties on fundamental human rights to which Moldova is a party and its domestic laws, international regulations have priority. "

Article 41Libertatea parties and other socio-political organizations

"(1) Citizens may freely associate in parties and other socio-political organizations. They contribute to the definition and expression of the political will of the citizens and the law, participating in elections. [...] "

Article 60Parlamentul supreme representative and legislative

"(1) Parliament is the supreme representative body of the people of Moldova and the sole legislative authority of the state. [...] "
Article 72Categorii laws


"(1) Parliament passes constitutional, organic and ordinary laws.
[...]
(3) Organic laws shall regulate:
[...]
g) the organization and functioning of political parties; [...] "
July. The relevant provisions of Law no. 294-XVI of 21 December 2007 on Political Parties (Official Gazette, 2008, no. 42-44, art. 119) are:

Article 8Depunerea for registration of political party

"(1) To register a political party shall be submitted to the Ministry of Justice following documents:
[...]

D) the constitutive accompanied by the list of political party members, whose number can not be less than four thousand, constitutional documents of territorial organizations of the party list of delegates to the congress of the participants. At the time of the party, its members must be domiciled in at least half of the administrative territorial units of the second level in Moldova, but not less than 120 members in each of the administrative units mentioned. The list of party members made based applications to join the party will include: name, date of birth, residence, type and number of identity document and signature of the member; [...] "THE LAW A. The author

referral August. The author claims that the referral challenged norm restricts the right to organize political parties.
September. According to the author of the notification, mandatory condition of assembly of at least four thousand members residing in at least half of the administrative-territorial units of the second, but not less than 120 members in each of these administrative units, recording a party, wearing an excessive and disproportionate. With the adoption of the contested law creates a monopoly on the political scene, in the absence of extensive competition between different political parties.
10. Additionally, the author claims that the referral to Article 8 para. (L) letter d) of the Law on political parties it is contrary to the predictability and clarity of the law guaranteed by Article. 23 of the Constitution. Or, to register a political party does not exist and so there is no party members. Furthermore, the author claims that the referral same situation is observed regarding the establishment of "regional organizations of the party."
11. In light of the above, the author claims that the referral to Article 8 para. (L) letter d) of the Law on Political Parties contrary to the constitutional provisions and international regulation.
B. The Court's assessment
12. Examining the admissibility of the complaint, the Court notes the following.
13. Under Article 135 para. (1) a) of the Constitution, Article 4 para. (1) a) of the Law on Constitutional Court and Article 4 para. (1) a) of the Code of constitutional jurisdiction, notification on the constitutionality of laws within the competence of the Constitutional Court.
14. Articles 25 letter g) of the Law on Court Сonstituţională and 38 para. (1) g) of the Code of сonstituţionale empowers the MP with the right to petition the Constitutional Court.
15. The Court notes that the object is to control the constitutionality of provisions of Article 8 para. (1) d) of the Law on Political Parties.
16. In particular the author invokes referral challenged norm restricting the freedom of association in political parties.
17. The Court notes that the power conferred upon it by that Article 135 para. (1) a) of the Constitution requires the correlation between the norms / acts contested and the Constitution, taking into account the principle of supremacy it.
18. The Court points out that, in accordance with Article 5 para. (1) of the Constitution, democracy in Moldova is exercised under conditions of political pluralism enshrined in Article 1, para. (3) of the Constitution.
19. Article 41 para. (1) of the Constitution provides that "citizens may freely associate in parties and other socio-political organizations. They contribute to the definition and expression of the political will of the citizens and the law, participating in elections. "
20. According to Article 72 para. (3) g) of the Constitution, the adoption of laws regulating the organization and operation of political parties is a matter for Parliament.
21. Analyzing the essence of the disputed provision and objections author of the notification, the Court notes that the issues raised in the complaint were previously subject to review constitutionality.
22. The Court emphasizes that the principle of representativeness of political parties has been elucidated in Decision no.
37 of December 10, 1998 concerning the interpretation of art. 41 para. (1) of the Constitution. In that judgment, the Court found that:

"[...] Setting criteria related to the organization and functioning of political party (how to build, to create, there is a heritage, a structure independent, registration, principle of representativeness) derive directly from the Parliament's right to It regulates the organic law, as expressly provided for in art. 72 para. (3) g) of the Constitution.
Regarding the criterion put forward by the author of the notification regarding the conditionality of free association in political parties through representativeness of its members, the Constitutional Court finds that the principle of representativeness is not contrary to the constitutional right to free association of citizens, but it could be unconstitutional if its effects would the suppression of the right of association or similar effects to such suppression.
For these reasons, the Constitutional Court finds that the determination by the organic law on the organization and functioning of political parties criteria related to the acquisition of legal personality by them can not be a barrier to the right to free association of citizens in political parties provided by art. 41 para. (1) of the Constitution. "
23. Subsequently, the Constitutional Court Decision No. 3 of 29 January 1999, was recognized as constitutional article. 5 paragraph. 3) of Law no. 718-XII of 17 September 1991 on parties and other socio-political organizations, which provide that the statutes of the political party shall be registered if it has at least 5,000 members residing in at least half of the administrative units of the two, but not more than 150 in each of the administrative units mentioned.
24. In that judgment, the Court held that:
"[s] etting numerical criterion of representativeness parties (as well as other criteria of the formation of parties - how to build, to create, there is a heritage, a structure independent etc.), according to art. 72 para. (3) g) of the Constitution, related to the organic law, so the option of Parliament discretionary and not subject to examination by the Court as long as its effects leads to the suppression of political pluralism principle stipulated in Article 1. (3) of the Constitution. "
25. The conclusions outlined above were reiterated in Case no. 11 of 3 June 2003, which was stopped in the part related to the control of the constitutionality of Art. 5 paragraph. 3) of Law no. 718-XII of 17 September 1991 edition of the Law no. 146-XIV of 30 September 1998 on the number of people required to register a political party.
26. In this case, the Constitutional Court notes that although the provisions for seeking control of constitutionality are contained in an act distinct from those examined above, their object, in essence, is similar.
27. Thus, given the identity of the object and that no new elements emerge, capable of justifying reconsideration of the Court's previous case law, the notification can not be declared admissible for examination.
For these reasons, pursuant to Article 26 para. (1) of the Law on Constitutional Court, Articles 42 para. (1), paragraph 61. (3) and 64 of the Code of Constitutional and pt. 28 lit. b) of the Regulation on the procedure for examining complaints lodged with the Constitutional Court, the Constitutional Court

DECIDED:

1. Declares inadmissible the complaint deputy Vadim Pistrinciuc review the constitutionality of Article 8 para. (1) d) of the Law no.294-XVI of 21 December 2007 on political parties.
2. This decision is final, can not be subject to any appeal, shall enter into force upon adoption and shall be published in the Official Gazette of the Republic of Moldova.