Judgment no. 28 of 23.11.2015

Judgment on the control of constitutionality of certain provisions of Article 1 of Law No.54 of 21 February 2003 on fighting extremist activity (use of Nazis symbols) (Complaint no. 29a/2015)


The subject of complaint: Member of the Parliament

Type of judgment: constitutionality review of laws, regulations and decisions of Parliament

Provision: Provisions recognized as unconstitutional

Court ruling:
1.  en-JCC282015engf6302.pdf


Complaints:

1. 



1. The case originated with the complaint submitted to the Constitutional Court on 29 June 2015, by Mr. Ștefan Creangă, Member of Parliament of the Republic of Moldova, according to Article 135 para.(1) p.a) of the Constitution, Article 25 p. g) of the Law on the Constitutional Court and Articles 38 para. (1) p. g) and 39 of the Code of Constitutional Jurisdiction, on the control of constitutionality of certain provisions of Article 1 of Law No.54 of 21 February 2003 on fighting extremist activity.

2. The author of the complaint assumes that the challenged provision which provides prohibiting the use of similar attributes or symbols that can be confounded with the Nazi attributes or symbols infringes Art. 31, 32 and 54 of the Constitution.

3. By the Court decision of 6 October 2015 the complaint was declared admissible, without prejudicing the merits of the case.

4. In the process of examination of the complaint, the Constitutional Court requested the opinions of the President of the Republic of Moldova, of the Parliament and of the Government.

 

5. In the public hearing of the Court the author of the complaint Mr Ștefan Creangă was represented by Mr Dumitru Roman. The Parliament was represented by Mr Valeriu Kuciuk. The Government was represented by Mr Eduard Serbenco, Deputy Minister of Justice.

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