Upon notification of the People’s Advocate, the Constitutional Court examined the constitutionality of the ban on the transfer of pensions abroad, provided by Article 60 of the Law on Pension Insurance of the Military and of the People in the command corps and in the troops of the internal affairs bodies and from General Inspectorate of Carabineer no. 1544 of June 23, 1993.
In its judgment, the Court emphasized that the margin of discretion available to the legislature presupposes its competence to adopt actions, which would limit the exercise of guaranteed rights, but always respecting the principles of legality, legitimacy of the aim pursued and proportionality. In this context, the Court considered that it was unjustified to invoke the economic crisis or financial difficulties to restrict (deprive) fundamental rights and freedoms.
The Court concluded that there is unjustified and different approach of pensioners from the command corps and from the troops of internal affairs bodies, as well as of civil servants with special status from the penitentiary administration system, and from the General Inspectorate of Carabineer not domiciled in the Republic Moldova, compared to those domiciled in the Republic of Moldova regarding the payment of pensions, as well as to those receiving a pension under Article 36 of the Law on the Public Pension System. Therefore, the contested provisions contravene to Articles 46 and 47, in accordance with Article 16 of the Constitution, and have declared unconstitutional.
The Court reiterated its considerations from Decision no. 10 of May 8, 2018 by which it declared unconstitutional articles 2 and 36 of the Law on the public pension system that made dependent on the payment of the pension the place of residence of persons. This decision is final, cannot be appealed, it enters into force on the date of adoption.
