The constitutionality of some provisions of the Provision no. 4 of the Commission for Exceptional Situations

The People’s Advocate was notified that some provisions of the Provision no. 4 of the Commission for Exceptional Situations would have expanded the list of rights that could be restricted, being reduced the guarantees to a fair trial during the emergency situation, from the perspective of obtaining access to justice.       

By the approach sent to the Commission for Exceptional Situations on March 27, the People’s Advocate recommended the revision of the provisions of points 22-40 of Provision no. 4, which, in his opinion, can lead to the elimination of guarantees to a fair trial during the emergency situation, from the perspective of obtaining access to justice.

In the approach sent on behalf of the Prime Minister of the Republic of Moldova and the President of the Commission for Exceptional Situations, the People’s Advocate notes that the special rules for examining the causes of offenses during the exceptional situation, provided in points 22-40 of the Provision of the Commission for Exceptional Situations of 24.03.2020 lead to the elimination of guarantees to a fair trial, and those in points 1-3 regarding the employment relationships leave room for uncertainty and ambiguity when applying them.