No. 432 - Right of the Metropolitan Church of Bessarabia to its own succession in title

Doc. 9912

16 September 2003

Right of the Metropolitan Church of Bessarabia to its own succession in title

Written question no. 432 to the Committee of Ministers

by Mr Cubreacov and Mrs Patereu

This motion has not been discussed in the Assembly and commits only the members who have signed it

Observing that on 30 July 2002 the Moldovan Government registered the Metropolitan Church of Bessarabia in partial compliance with the judgment of the European Court of Human Rights of 13 December 2001;

Regretting that on 26 September 2001 the Moldovan Government, by official decision, declared the Metropolitan Church of Moldova within the Russian Orthodox Patriarchate of Moscow the legal successor of the Metropolitan Church of Bessarabia and that after having been petitioned to do so, the Government refused to reverse the decision in question;

Concerned that the administrative dispute between the Metropolitan Church of Bessarabia and the Moldovan Government over the right of the former to its own succession in title has been pending before the domestic courts since February 2002, thus exceeding all reasonable time;

To ask the Committee of Ministers:

1. what are the individual and general measures taken by the Moldovan Government since 13 December 2001 to recognise, guarantee and secure the property rights of the Metropolitan Church of Bessarabia and specifically the right of this church to its own succession in title;

2. whether the measures taken are sufficient grounds to consider that the judgment of the European Court of Human Rights has been executed (taking into account the violation of the church’s property rights);

3. how it assesses the celerity of domestic court proceedings on the property litigation between the Metropolitan Church of Bessarabia and the Moldovan Government.

Signed¹:

Cubreacov, Moldova, EPP/CD

Patereu, Moldova, EPP/CD

¹ SOC: Socialist Group

EPP/CD: Group of the European People’s Party

EDG: European Democratic Group

LDR: Liberal, Democratic and Reformers Group

UEL: Group of the United European Left

NR: not registered in any political group