Communicated on 23 May 2019

SECOND SECTION

Application no. 50741/15 Valeriu PAHOMII against the Republic of Moldova lodged on 8 October 2015

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s sanctioning for erecting a building without authorisation, allegedly after the expiry of the limitation period and the application of a complementary sanction which was allegedly inapplicable to the applicant. It raises issues under Articles 6 and 7.

QUESTIONS tO THE PARTIES

1. Do the facts of the case disclose a breach of Article 6 § 1 of the Convention? In particular, did the courts examine the case against the applicant despite the expiry of the limitation period for sanctioning him (see, mutatis mutandis, Ghirea v. Moldova , no. 15778/05, §§ 30-36, 26 June 2012) ? Was the law concerning the limitation period and the notion of “continuous offenses” in the Administrative Code foreseeable in its application?

2. Has there been a violation of Article 7 of the Convention in the present case? In particular, could the complementary sanction in Article 179 of the Contraventions Code (demolition of non- authorised buildings) be lawfully applied to the applicant (see, for instance, Kafkaris v. Cyprus [GC], no. 21906/04, § 138, ECHR 2008)? Was the law applied to convict the applicant foreseeable in its application, notably regarding the complementary sanction mentioned above (see Kafkaris , cited above, § 140)?

3. Has there been a breach of Article 1 of Protocol No. 1 to the Convention? In particular, was the interference with the applicant ’ s property right “lawful” within the meaning of that provision? ( see , for instance, Bimer S.A. v. Moldova , no. 15084/03, §§ 49-60, 10 July 2007)