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The PNL senators filed a declaration of unconstitutionality with the Constitutional Court on Thursday, when six members of the Board of the Financial Supervisory Authority were appointed, claiming that they did not meet the objective criterion from the professional experience required by law, writes Mediafax.
The parliamentary group of the PNL in the Senate filed Thursday before the Constitutional Court a declaration of unconstitutionality, during which six members of the Board of the financial supervisory authority were appointed.
"The decision of the Romanian Parliament No. 37/2018 is unconstitutional because it violates the provisions of Article 1, paragraph 3 and paragraph 5 of the Romanian Constitution, with regard to Article 9, paragraph 1 , letter a2) of the Emergency Ordinance No. 93/2012 Government on the establishment, organization and operation of the financial supervisory authority by appointment to the Council of the The financial supervisory authority of Mr. Badea Leonardo, Ms. Dascălu Doina, Mr. Bota Marius Ovidiu, Mr. Bota Marius Ovidiu, Mr. Birtalan Jozsef, Socol Aura Gabriela and Mr. Wlassopol Ovidiu Răzvan ", indicates the NLP notification submitted to the RCC.
The liberals argue that by complying with the constitutional obligation to comply with the law on the organization and operation of the financial supervisory authority (O: UG n ° 93/12 ), the Romanian Parliament was legally required to carry out an individual analysis of each candidate's professional experience. express areas provided for by law – financial institutions, credit institutions and / or non-bank financial institutions. The minimum cumulative seniority required to be appointed to the Board of Directors of the Financial Supervisory Authority in these areas of activity must be at least eight years from the date Bachelor's degree in long-term studies.
"The formal analysis of the documents filed by the appointees to the Board of the Financial Supervisory Authority by the Parliament's Decision No. 37/2018 shows the violation of the provisions of Article 9, paragraph 1 , letter a2) of GEO no. 93/2012 with regard to compliance with the objective condition of accumulated professional experience of at least 8 years in the financial field, credit institutions and / or non-bank financial institutions in the following cases:
Badea Leonardo – appointed president – executive board member of the financial supervisory authority. He graduated from Special Studies in 1997. He practiced teaching activity from 1997 to 2012 (university professor, university assistant, scientific secretary, dean , prorector). According to Decision No. 251/2014 of the Constitutional Court, the didactic activity is not relevant to fulfill the legal requirement relating to the professional experience necessary to be appointed to the Board of the Authority. financial supervision. We recall that in accordance with Article 285 of Law No. 1/2011 on National Education, there are posts of teacher in higher education.[…], assistant professor, university professor, […] scientific researcher […]". The Dean and Prorector functions are also irrelevant administrative functions to fulfill the above criterion. During the 2012-2016 period, he was senator for public dignity (2012-2016) and deputy (2016-2017). The activity on public dignity exercised in the specialized committees (Committee on Budget, Finance, Banking and Capital Markets – Senate, Committee on Budgets, Finance and Banks – Chamber of Deputies) is the oldest of the profession within the meaning of the law no. the deputies and the senators without being related to the regulated zone listed in the letter UG 92/2012, insofar as the professionalization of Mr. Badea Leonardo is economic, and not financial, financial institutions and / or financial institutions not banking, required by law. (…) In conclusion, we believe that Mr Badea Leonardo does not fulfill the 8 year criterion in the financial field, banking institutions and / or non-bank financial institutions.
(b) Dascălu Doina – completed his long-term studies in 1980. He served as a civilian leader and leader from 1980 to 2005 (inspector, head of department, deputy secretary general, parliamentary advisor) in government structures and Parliament. According to Constitutional Court Decision No. 389/2014, these activities are not relevant for the appointment to the Board of the Financial Supervisory Authority. He exercised public dignity duties during the period 2005-2017 (Secretary of State of the Ministry of Public Finance, Vice-President of the Court of Accounts). The activities carried out during this period in the field of finance may be relevant from the point of view of the quality of the authorizing officer by delegation, but this is not an antithesis to fulfill the objective condition laid down in Article 9. paragraph 1 (a). No. 93/2012, in accordance with Constitutional Court Decision No. 389/2014. As a result, Ms. Dascălu Doina does not meet the objective requirement of professional experience necessary to be appointed to the Board of Directors of the Tax Supervisory Authority.
Marius Ovidiu Bota – Graduate of Higher Education in 1996. He worked in the private sector in 1996-2000 and 2005-2008. He held public dignity positions between 2001-2005 and 2008 – today (Secretary of State for the Department of Transport, Senator, MP). Parliamentary activity concerns seniority in the profession, in accordance with the provisions of Act No. 96/2006 on the status of deputies and senators, but can not be considered as relevant professional experience in the financial sector, financial institutions and / or non-bank financial institutions. As a result, Mr. Bota Marius Ovidiu does not meet the legal requirements to be appointed to the Board of Directors of Financial Supervision. The appointment of Mr. Bota Marius Ovidiu to the Board of the Financial Supervisory Authority through the decision of the Parliament of Romania No. 37/2018 is unconstitutional.
d) Birtalan Jozsef – graduated from higher education in 1998. He was public dignitary from 2000 to 2009, 2014 to today (secretary of state or functions equated with the dignity of secretary of 39; state). In the light of the decision of the Constitutional Court No. 483/2014, the administrative activity, the authorizing officer, is not relevant to fulfill the legal criterion required for the appointment to the council of l & # 39; 39, Financial Supervisory Authority. As a result, the appointment of Mr. Birtalan Jozsef to the Board of the Financial Supervisory Authority is unconstitutional.
e) Socol Aura Gabriela – graduated from higher education in 2003. She taught from 2003 to 2003 as a preparator, lecturer at the university, university assistant, university professor). According to the decision of the Romanian Constitutional Court No. 483/2014, the didactic activity is not relevant for appointment to the Board of Directors of the Financial Supervisory Authority. He worked as a civil servant from 2009 to 2010 (advisor to the NGNGMM president, expert from the Ministry of Public Finance). According to the decision of the Constitutional Court No. 483/2014, this activity is not relevant for appointment to the Board of the Financial Supervisory Authority. We therefore consider unconstitutional the appointment of Mrs. Socol Aura Gabriela to the Board of the Financial Supervisory Authority.
F. Wlassopol Ovidiu Răzvan – graduated from long-term studies in 2012. He worked as a civil servant between 2015 and 2017 as part of C.N.V.M. and AS.SF held the position of Senior Vice President of the Financial Supervisory Authority between 2017 and 2018 (the appointment is presumed constitutional because the Constitutional Court was not called upon to rule on the Parliament's decision no. 47/2017). Mr. Wlassopol Ovidiu Răzvan does not have the necessary seniority, at least eight years after leaving higher education, to be appointed member of the Financial Supervisory Board. Its appointment by decision of the Parliament of Romania No. 37/2018 to the Council of the Financial Supervisory Authority is unconstitutional because it violates the provisions of Article 1, paragraph 3, and paragraph 5 of the Constitution Romanian.
In conclusion, the following provisions of Article 9 (1) (a) of GEO No. 92/2012 were not complied with when appointing the following persons to the Financial Supervisory Board: Mr. Badea Leonardo, Mrs Dascălu Doina, Mr Bota Marius Ovidiu, Mr Birtalan Jozsef, Mrs Socol Aura Gabriela, Mr Wlassopol Ovidiu Răzvan with the consequence of a violation of the provisions of Article 1 (3) and Article 5 (5) the Romanian Constitution.
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As such, with respect to the foregoing, we are asking the Court to rule that decision no. 37/2018 concerning the appointment of the members of the Board of Directors of the Financial Supervisory Authority, adopted by the Parliament at its meeting of 14.11.2018, is unconstitutional ", also indicates the notification of the PNL.
USR has also raised a similar unconstitutionality objection, but it concerns four members of ASF management. The USR referral will be debated on December 19th.
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