RRI Live!

Listen to Radio Romania International Live

The ruling of the Constitutional Court

The haste with which the Romanian government tried to amend the Criminal Code stirred not only the criticism of legal institutions and large-scale street protests

The ruling of the Constitutional Court
The ruling of the Constitutional Court

, 28.02.2017, 13:23


The lack of an expert opinion, be it consultative, in the adoption of the famous ordinance 13 gave rise to suspicions, which made the National Anti-Corruption Directorate start an investigation. However, the Constitutional Court said that the anti-corruption prosecutors had exceeded their prerogatives.



It has been a month since the Romanian government adopted the controversial emergency Ordinance 13 trying to relax the criminal legislation, but responses to that undertaking continue to be reported, even if the ordinance was repealed. On Monday, the Constitutional Court noted there had been a legal conflict of a constitutional nature between the National Anti-Corruption Directorate (DNA) and the government.



The conflict — the Court made it clear — was triggered by the fact that the prosecutors assumed the prerogative of checking the legal and opportune character of the famous Ordinance 13, violating the constitutional powers of the government and Parliament. The Court explained that Parliament was the law-passing authority, but that the government could do the same adopting ordinances.



In this case, the only authority empowered to check the legal character of government ordinances is the Constitutional Court. The anti-corruption prosecutors’ inquiry into the opportune character of issuing the ordinance and the existence of expert opinions exceeds the DNA’s authority and is the prerogative of Parliament and the Constitutional Court respectively, the president of the Court, Valer Dorneanu said.



Valer Dorneanu “We believe that the smooth running of the government’s activity has been upset and so have the relations between the three authorities judicial, executive and legislative”.



Ministers should be held responsible for political decisions, not for those related to criminal law, the Court said. After the Constitutional Court had announced its ruling, the president of the Senate, Calin Popescu-Tariceanu, who had submitted the notification, said that the Court’s ruling entailed the avoiding of future inter-institutional conflicts.



Calin Popescu Tariceanu: “Parliament authorizes the government to adopt draft laws and emergency ordinances and Parliament is the one to say whether a law or ordinance is opportune or not; the Constitutional Court alone can decide on the legal character of a law or ordinance and not the Prosecutor’s Office”.



On Monday, when the Constitutional Court issued its ruling, the DNA closed part of the file on the adoption of Ordinance 13, forwarding it to the General Prosecutor’s Office. Anti-corruption prosecutors suspect that the law was violated in that the offender was favoured, documents were destroyed and inaccurate data were dishonestly provided.



The president of the Constitutional Court, Valer Dorneanu, made it clear that from now on only deeds involving direct criminal responsibility could be investigated and the investigation must be made with the observance of the prerogatives of the Constitutional Court, Parliament and government.


NATO Secretary General Mark Rutte (Source: NATO)
Today in the News Tuesday, 05 November 2024

NATO must stay united

NATO will work with the winner of the US elections, whoever that person may be and will do its best to stay united, NATO secretary general Mark Rutte...

NATO must stay united
Maia Sandu (Photo: presedinte.md)
Today in the News Monday, 04 November 2024

Moldova stays on path to Europe

Moldova’s pro-European president Maia Sandu won a new  4-year term in Sunday’s second round run-off, with over 55% of the votes cast in the...

Moldova stays on path to Europe
The head of the Permanent Electoral Authority (AEP), Toni Grebla
Today in the News Monday, 04 November 2024

Election campaigns in Romania

    The campaign for the general election in Romania started last week, at midnight on Thursday, and will end on 30 November. During this...

Election campaigns in Romania
November 1 - National Radio Day
Today in the News Friday, 01 November 2024

Radio Romania 96

Radio Romania has celebrated 96 years since it first entered the listeners houses from Romania and abroad. On November 1 1928 the Romanians were able...

Radio Romania 96
Today in the News Thursday, 31 October 2024

Romanians’ concerns

Romanians and Austrians are the most satisfied with their lives among the inhabitants of Central and Eastern Europe, but the former are significantly...

Romanians’ concerns
Today in the News Thursday, 31 October 2024

Republic of Moldova, crucial final

On November 3, the citizens of the Republic of Moldova have to choose, for the position of head of state, between the pro-European Maia Sandu, the...

Republic of Moldova, crucial final
Today in the News Wednesday, 30 October 2024

Drones, a security issue

The Romanian Ministry of National Defense has placed under decisional transparency a bill that improves airspace security measures. The bill, which...

Drones, a security issue
Today in the News Wednesday, 30 October 2024

The Fugitive Law is constitutional

The Constitutional Court of Romania (CCR) has rejected the referral of the High Court of Cassation and Justice (ICCJ) in relation to the so-called...

The Fugitive Law is constitutional

Partners

Muzeul Național al Țăranului Român Muzeul Național al Țăranului Român
Liga Studentilor Romani din Strainatate - LSRS Liga Studentilor Romani din Strainatate - LSRS
Modernism | The Leading Romanian Art Magazine Online Modernism | The Leading Romanian Art Magazine Online
Institului European din România Institului European din România
Institutul Francez din România – Bucureşti Institutul Francez din România – Bucureşti
Muzeul Național de Artă al României Muzeul Național de Artă al României
Le petit Journal Le petit Journal
Radio Prague International Radio Prague International
Muzeul Național de Istorie a României Muzeul Național de Istorie a României
ARCUB ARCUB
Radio Canada International Radio Canada International
Muzeul Național al Satului „Dimitrie Gusti” Muzeul Național al Satului „Dimitrie Gusti”
SWI swissinfo.ch SWI swissinfo.ch
UBB Radio ONLINE UBB Radio ONLINE
Strona główna - English Section - polskieradio.pl Strona główna - English Section - polskieradio.pl
creart - Centrul de Creație Artă și Tradiție al Municipiului Bucuresti creart - Centrul de Creație Artă și Tradiție al Municipiului Bucuresti
italradio italradio
Institutul Confucius Institutul Confucius
BUCPRESS - știri din Cernăuți BUCPRESS - știri din Cernăuți

Affiliates

Euranet Plus Euranet Plus
AIB | the trade association for international broadcasters AIB | the trade association for international broadcasters
Digital Radio Mondiale Digital Radio Mondiale
News and current affairs from Germany and around the world News and current affairs from Germany and around the world
Comunità radiotelevisiva italofona Comunità radiotelevisiva italofona

Providers

RADIOCOM RADIOCOM
Zeno Media - The Everything Audio Company Zeno Media - The Everything Audio Company