On April 28, 2021, the Constitutional Court ruled that the state of emergency imposed by the Parliament on March 30, 2021 is unconstitutional.
The Court found that in order to declare a state of emergency the Parliament must base its decision on data indicating the need for urgent action of the authorities. Moreover, the decision to declare a state of emergency must be a measure of last resort, in response to an exceptional danger, which means that the usual measures or restrictions on the protection of safety, health and public order are insufficient. The Court found that the Parliament’s decision did not meet these requirements.
Following the Court’s Decision, the President of the Republic of Moldova, Mrs. Maia Sandu dissolved the Parliament and set the date for the early parliamentary elections on July 11, 2021. The conditions for the dissolution of the Parliament were met after the Parliament failed to elect a new government since the resignation of the former prime-minister Mr. Ion Chicu, in December 2020. According to the legal framework, the Parliament cannot be dissolved during the state of emergency.
The Parliament approved the Decision on declaring a state of emergency on the entire territory of the Republic of Moldova, between April 1 and May 30, 2021 on March 31. Following the decision, the Committee for Exceptional Situations banned public assemblies, while allowing other types of gatherings, such as religious ceremonies or commercial activity involving large number of persons. The Committee also adopted other restrictions that negatively affected freedom of expression, access to information, petitioning and freedom of movement. Following the decision of the Constitutional Court, all these restrictions are lifted.
Further on, the control of the COVID-19 pandemic in the Republic of Moldova will be governed under the rule of the so-called State of emergency in public health, which provides a set of lighter measures and restrictions.