Basic information			Substance of the ruling			Accessibility of the case and further relevant links
Date	Name of the case (or case number)	The body delivering the decision	Keywords, topic	Executive part	Brief summary	Full text	Page at the website of the issuing court	Page in other databases	Unofficial materials, press communications
April 28. 2021.	No. 15. 2021.	Constitutional Court of Moldova	Freedom of movement; right to assembly; right to property	The Constitutional Court of Moldova held that the declaration of state of emergency in Moldova on March 31. 2021. was unconstitutional.	The claimants were parliamentary members who contested the governmental motion and parliamentary decision to declare state of emergency in Moldova from March 31. 2021. to combat the Covid-19 pandemic. The Constitutional Court dismissed the claim against the governmental decision, since this was just a proposal for the Parliament, not a binding decision for third parties. However, the parliamentary decision on the declaration of state of emergency was abrogated as unconstitutional due to its insufficient justification. The parliamentary decision restricted heavily freedom of movement, right to assembly and right to property, while no adequate reasoning was provided to justify such far-reaching steps. As background materials of the decision, just an one-page-long information note was presented from the spread of the Covid-19 pandemic, and also the supporting opinion of the Commission of Exceptional Situations. However, according to the Constitutional Court, more careful analysis would have been necessary to declare state of emergency as an exceptional situation, therefore, the parliamentary decision was annulled as breaching the procedural requirements laid by the Constitution.	https://www.constcourt.md/public/ccdoc/hotariri/h_15_2021_81a_82a_2021_rou.pdf	https://www.constcourt.md/ccdocview.php?tip=hotariri&docid=771&l=ro	https://www.covid19litigation.org/case-index/republic-moldova-constitutional-court-republic-moldova-no-15-2021-04-28
June 23. 2020.	No 17. 2020.	Constitutional Court of Moldova	State of emergency; separation of powers; legal certainty; access to justice	The Constitutional Court of Moldova held that the declaration of state of emergency during the first vawe of the Covid-19 pandemic was constitutional, however, the exclusion of judicial review over emergency measures by the Administrative Code was unconstitutional.	The Constitutional Court of Moldova heard a case concerning the constitutionality of certain statutory provisions of the emergency framework, as well as the constitutionality of the parliamentary resolution declaring state of emergency during the first vawe of the Covid-19 pandemic. The Constitutional Court of Moldova held that the parliamentary resolution was sufficiently foreseeable in the light of the extraordinary circumstances; had a limited temporal scope; provided sufficiently concrete and limited power for the executive; and ensured the parliamentary scrutiny over the emergency measures of the executive. However, the provision of the Code of Administration excluding the judicial review of emergency measures was unconstitutional, since even during such periods, access to justice should be guaranteed; effective remedy against emergency measures should be provided; therefore, full review competence should be granted for the judiciary over the emergency measures of the executive.
June 30. 2020.	No. 18. 2020.	Constitutional Court of Moldova	Access to justice; right to property	The Constitutional Court of Moldova held that the provision of the Contravention Code of Moldova from "non-compliance ‎with prophylaxis, prevention and/or control of epidemic diseases if it ‎put the public health at risk" is unconstitutional since it does not provide sufficient margin of movement for courts to make individual assessment of each case. The other claims were rejected.	Two members of the Parliament of Moldova and further stakeholders initiated the constitutional review of art. 76. (1) of the Contravention Code of Moldova. The impugned provision determines a criminal offence "non-compliance ‎with prophylaxis, prevention and/or control of epidemic diseases if it ‎put the public health at risk" and it envisaged a fine of 450 to 500 conventional units for individuals and from 1000 to 1500 conventional units for legal entities. A conventional unit is used for the calculation of fines in Moldova, and it is equivalent with 50 lei. According to the claimants, this provision is not sufficiently foreseeable, disproportionately restricts access to justice and right to property, while it also infringes the principle of separation of powers, since no significant space of manoeuvre would be left for the courts to assess each case on an individualized way. The Constitutional Court held, that the challenged provision meets with the requirements of law, since it is sufficiently foreseeable. Any non-compliance with public health rules would be sanctioned just when it puts public health in danger. Regarding the magnitude of the sanction envisaged by the act, the Constitutional Court considered, that the small difference for the limits of the sanction for individuals would not provide sufficient margin of movement for courts to assess the proportionality of the sanction and the individual circumstances of the case. However, the greater difference of limits for legal entities ensures the individualized assesment of all such cases. As a consequence, the limits of the sanction envisaged for individuals were nullified as unconstitutional clauses of the impugned provision, the other parts of the claim was rejected. The Parliament of Moldova shortly after the publication of the judgment amended the Contravention Code and reduced significantly the envisaged sanctions, while increased the difference between the minimum and maximum fines envisaged for non-compliance with public health rules.	https://www.constcourt.md/public/ccdoc/hotariri/h_18_2020_61a_2020_rou.pdf	https://www.constcourt.md/ccdocview.php?tip=hotariri&docid=739&l=ro	https://www.constcourt.md/libview.php?l=en&idc=7&id=1884&t=/Media/News/Non-compliance-with-measures-for-the-prophylaxis-prevention-andor-control-of-epidemic-diseases-if-this-endangered-public-health; https://www.covid19litigation.org/case-index/republic-moldova-constitutional-court-republic-moldova-no-18-2020-06-30	https://cis-legislation.com/document.fwx?rgn=126374