Mandatory Payment for School Books Infringes Upon the Supreme Law

Provisions of Article 41.4 of the Education Code on ensuring pupils of 5^th to 9^th grades with school books according to the rental scheme approved by the Ministry of Education is in breach of free education provisions of the Constitution (Article 35).

Thus, the Court held that imposing mandatory payments to pupils of elementary and secondary schools, including for school books – which constitute an essential element of the study process – is in breach of the Supreme Law.

Furthermore, free education in elementary and secondary school is provided by Court’s caselaw (Judgment no. 27 of 29 September 1998).

At the same time, the Court found regulations of confusing nature in the Education Code, referring to cycles of mandatory studies. In this regard, the Court will issue an Address to the Parliament aiming of having removed these deficiencies.

This judgment of the Constitutional Court is final, cannot be appealed, enters into force on the day of its adoption and is published in the Official Journal of Moldova.

The complaint was examined by the Constitutional Court of Moldova in the following composition: Mr Alexandru TĂNASE, President and Mr Aurel BĂIEŞU, Mr Igor DOLEA, Mr Veaceslav ZAPOROJAN, judges.

Currently, pupils of 5^th to 9^th grades are only provided with school books based on a rental fee. At the same time, pupils studying in 1^st to 4^th grades are provided with school books free of charge.

Press Service of the Constitutional Court of Moldova

This press-release is also available in Romanian language.