OPINION on the establishment of a state of emergency for a period of 60 days by the Parliament Decision no. 49/2021

8 April 2021

Author: Iulian Rusu, Deputy Executive Director of IPRE, member of the Justice Experts’ Group (GEJ)

This opinion analyses how the state of emergency was established by the Parliament of the Republic of Moldova by adopting on 31th of March the Parliament Decision no. 49/2021.

The opinion mainly concerns the procedural and content requirements to be met by a Parliament Decision establishing the state of emergency, emphasises the flaws found in the adoption process and refers to risks of declaring this Parliamentary Decision unconstitutional.

Our conclusion is that Parliament violated several provisions of Law no. 212/2004, Law no. 136/2017, Law no. 100/2017 and ignored the jurisprudence of the Constitutional Court on similar cases, including the manner in which the provisions of article 54 par. (4) of the Constitution related to the proportional nature of the restrictions of fundamental rights and freedoms should be applied.

We also consider that the Parliament Decision no. 49/2021 risks to be declared unconstitutional for reasons of lack of justification for the establishment of the state of emergency, including in the part related to the 60-day period, for lack of concrete measures to be taken, but also lack of proportionality of the competencies offered to the Government.

The opinion was prepared within the GEJ project, with the financial support of the Justice and Human Rights Department of the Soros Moldova Foundation.

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