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The Constitutional Court of Romania (CCR) on Tuesday discusses the NLP and USR notifications as well as that of President Klaus Iohannis concerning the modification and the completion of Law 317/2004 on the organization and functioning of the Superior Council of Magistracy
Constitutional judges discuss the exception of the unconstitutionality of the law amending and supplementing Law 317/2004 on the organization and functioning of the Supreme Council of the Judiciary, challenged by 90 deputies belonging to the NLP parliamentary group, the USR and non-attached MPs
Liberal Ioan Cupsa said on June 28, at the end of the session of the Special Parliamentary Committee on the Laws of justice, that the bill was again adopted in violation of certain constitutional provisions
. each time as to the proposition are made by those in power when we had opposites to try to convince them. Our arguments did not matter, although they are relevant and supported by the RCC decisions. (…) Then it seems that those who hold power are particularly concerned about the fate of criminals in Romania,
Stelian Ion, USR deputy, said Florin Iordache, chairman of the special commission, that it seems to be "hologram"
"I listened carefully to Florin Iordache and I thought that this person is not real, it's a hologram." Florin Iordache said with such serenity that he still fights against corruption and that he is flawless "On July 6, the president sent an appeal of unconstitutionality to the CCR on the law to amend and complete the law 317/2004 "said Stelian Ion at the time. on the SCM
"In our opinion, the said law was adopted in violation of the provisions of Article 77 (2), Article 64 and Article 147 (4) of the Article 77 (2) of the Basic Law, the Law to amend and supplement Law No. 317/2004 on the High Council of Magistracy has been adopted and in violation of the principles arising from the provisions of the Constitution. Article 1 (4) and (5) and Article 61 (1) corroborated with those of Article 80 (1969003) He recalled that on 22 June he had filed an application for review of this law relating to the provisions on the functioning of the SCM and its constitutional role as guarantor of the independence of the judiciary., the exercise of the mandate of a member of this public authority as well as the functioning of the Judicial Inspection At the same time, the request for review revealed conflicting standards, references to provisions non-existent provisions in Law 317/2004, unclear and / or uncorrelated provisions between them, and even legislative parallels, all of which refer to the need to respect the rules of legislative technique which would ensure the coherence of the law. legislative act
The application for review was dismissed. criticized by the reports of the commissions supported by both The chambers of Parliament do not show what were the reasons for the rejection of these. In addition, the absence of these arguments or the discussion of the reasons for the request for reconsideration is also the result of the plenary debates of the Chamber of Deputies. Unlike the House, in the Senate, the plenary rejected, without any reasoning, the amendments made, "says the head of state.
The Head of State mentions, citing a decision of the RCC, that the Parliament must review all the texts to which it refers the request of the President of Romania, as well as those related to them, ensuring the succession logic of ideas and the coherence of the regulation
. It can be argued that in fact, in the absence of a specialized debate limited to the grounds for reconsideration, voted for the second time, the normative act whose examination was requested, including texts that have not been the subject of the request for review, with the consequence of crossing the limits of the review, "says Iohannis. 19659003] He adds that the poor transposition of the law in the context of the review procedure following the request for review to the standing committees of each of the two chambers does not concern mere violations of the regulations, namely the competence of the the special joint commission, but violates the decisions of the Constitutional Court, affecting the entire legislative procedure.
By adopting the law amending and supplementing Law No. 317/2004 on the organization and functioning of the Superior Council of Magistracy in the manner of the legislature violates the provisions of art. 1 par. (5), but the art. 64 para. (4) and art. 147 para. (4) of the Romanian Constitution, "says Iohannis, asking the CCR to note that the law amending and supplementing Law 317/2004 on the High Council of Magistracy, as it was passed, is unconstitutional [19659012] (function, s, id) {
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