On 13 November 2020, the Moldovan Constitutional Court declared unconstitutional several provisions of the Status of Aliens Act. This decision concerns notably provisions that do not provide for the notification of the reasons for which a third country national is declared an undesirable person on grounds of national security and do not allow the taking into account of justified concerns of ill-treatment in case of a forced return.
The Constitutional Court sent a notification to Parliament and set up provisional rules until the relevant legislative amendments are made. Under these rules, the aforementioned administrative decisions should contain a summary of the reasons, in a manner compatible with the legitimate interest of national security, which will be notified to the person concerned.
Moreover, the Constitutional Court declared unconstitutional the Administrative Code’s provision which limits the courts’ competence to control the proportionality of administrative acts.
The above measures were reported to the Committee of Ministers by the Government of the Republic of Moldova in the context of the execution of the European Court's judgment of 2019 in Ozdil and Others. In this case, the Court found that the applicants’ extra-legal transfer from Moldova to Turkey had circumvented all guarantees offered by domestic and international law.
