METROPOLITAN CHURCH OF BESSARABIA
3
AND OTHERS v. MOLDOVA JUDGMENT
Sloveanca, Sângerei; Mr Gheorghe Ioniţă, a priest living in Crasnoarmeisc,
Hânceşti; Mr Valeriu Matciac, a priest living in Chişinău; Mr Vlad
Cubreacov, member of the Moldovan parliament and of the Parliamentary
Assembly of the Council of Europe, and living in Chişinău, Mr Anatol
Telembici, living in Chişinău; and Mr Alexandru Magola, Chancellor of the
Metropolitan Church of Bessarabia, living in Chişinău.
A. Creation of the applicant Church and proceedings to secure its
official recognition
1. Creation of the Metropolitan Church of Bessarabia
10. On 14 September 1992 the applicant natural persons joined together
to form the applicant Church – the Metropolitan Church of Bessarabia – a
local, autonomous Orthodox Church. According to its articles of
association, it took the place, from the canon-law point of view, of the
Metropolitan Church of Bessarabia which had existed until 1944.
In December 1992 it was attached to the patriarchate of Bucharest.
11. The Metropolitan Church of Bessarabia adopted articles of
association which determined, among other matters, the composition and
administration of its organs, the training, recruitment and disciplinary
supervision of its clergy, the ecclesiastical hierarchy and rules concerning
its assets. In the preamble to the articles of association the principles
governing the organisation and operation of the applicant Church are
defined as follows:
“The Metropolitan Church of Bessarabia is a local, autonomous Orthodox Church
attached to the patriarchate of Bucharest. The traditional ecclesiastical denomination
‘Metropolitan Church of Bessarabia’ is of a historically conventional nature and has
no link with current or previous political situations. The Metropolitan Church of
Bessarabia has no political activities and will have none in future. It shall carry on its
work in the territory of the Republic of Moldova. The Metropolitan Church of
Bessarabia shall have the status of an exarchate of the country. According to canon
law, communities of the Moldovan diaspora may also become members. No charge
shall be made for the accession of individual members and communities living abroad.
In the context of its activity in the Republic of Moldova, it shall respect the laws of
the State and international human rights law. Communities abroad which have adhered
for the purposes of canon law to the Metropolitan Church of Bessarabia shall establish
relations with the authorities of the States concerned, complying with their legislation
and the relevant provisions of international law. The Metropolitan Church of
Bessarabia shall cooperate with the authorities of the State in the sphere of culture,
education and social assistance. The Metropolitan Church of Bessarabia does not
make any claim of an economic or any other kind against other Churches or religious
organisations. The Metropolitan Church of Bessarabia maintains ecumenical relations
with other Churches and religious movements and considers that fraternal dialogue is
the only proper form of relationship between Churches.
Priests of the Metropolitan Church of Bessarabia working in Moldovan territory
shall be Moldovan citizens. When nationals of foreign States are invited to come to
4
METROPOLITAN CHURCH OF BESSARABIA
AND OTHERS v. MOLDOVA JUDGMENT
Moldova to carry on a religious activity or citizens of the Republic of Moldova are
sent abroad for the same purpose, the legislation in force must be complied with.
Members of the Metropolitan Church of Bessarabia shall be citizens of the Republic
of Moldova who have joined together on a voluntary basis to practise their religion in
common, in accordance with their own convictions, and on the basis of the precepts of
the Gospel, the Apostolic Canons, Orthodox canon law and Holy Tradition.
Religious services held in all the communities of the Metropolitan Church of
Bessarabia shall include special prayers for the authorities and institutions of the State,
couched in the following terms: ‘We pray, as always, for our country, the Republic of
Moldova, for its leaders and for its army. May God protect them and grant them
peaceful and honest lives, spent in obedience to the canons of the Church.’ ”
12. To date, the Metropolitan Church of Bessarabia has established 117
communities in Moldovan territory, three communities in Ukraine, one in
Lithuania, one in Latvia, two in the Russian Federation and one in Estonia.
The communities in Latvia and Lithuania have been recognised by the State
authorities and have legal personality.
Nearly one million Moldovan nationals are affiliated to the applicant
Church, which has more than 160 clergy.
The Metropolitan Church of Bessarabia is recognised by all the Orthodox
patriarchates with the exception of the patriarchate of Moscow.
2. Administrative and judicial proceedings to secure official
recognition of the applicant Church
13. Pursuant to the Religious Denominations Act (Law no. 979-XII of
24 March 1992), which requires religious denominations active in
Moldovan territory to be recognised by means of a government decision, the
applicant Church applied for recognition on 8 October 1992. It received no
reply.
14. It made further applications on 25 January and 8 February 1995. On
a date which has not been specified the Religious Affairs Department
refused these applications.
15. On 8 August 1995 the applicant Petru Păduraru, relying on
Article 235 of the Code of Civil Procedure (which governs judicial review
of administrative acts contrary to recognised rights), brought civil
proceedings against the government in the Court of First Instance of the
Buiucani district of Chişinău. He asked for the decisions refusing to
recognise the applicant Church to be set aside. The court ruled in his favour
and, on 12 September 1995, ordered recognition of the Metropolitan Church
of Bessarabia.
16. On 15 September 1995 the Buiucani public prosecutor appealed
against the Buiucani Court of First Instance’s decision of 12 September
1995.