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The Romanian Judges Association (JRF) calls on the Government to refrain from any intention to adopt a non-transparent project that would affect the institutional capacity to fight crime, including the recovery of damages, and to jeopardize fundamental social values In a press release, the Romanian Association of Judges Forum draws attention to the fact that the possible adoption of an ordinance of urgency for amnesty and pardon penalties has not crossed the legal stages of public debate. "The Association of the Forum of Romanian Judges" draws attention to the fact that the legislative initiatives adopted by the Romanian Parliament on the amendment and the completion of the Penal Code and the Code of Procedure Criminal proceedings have not gone through the whole democratic process of verifying their compliance with the Basic Law and the social values protected by the standards whose amendment is being pursued.
The adopted legal form has been hotly contested by civil society, it is objected to unconstitutionality, it is the subject of a request by the 39, Parliamentary Assembly of the Council of Europe an opinion of the Venice Commission has been studied in international bodies such as the European Commission or GRECO, the evolution of the internal situation currently taking place. subject to strict monitoring, such as the adoption of an emergency ordinance to mask this natural course – a rule of law can not be considered necessary to respond to a social emergency of Strict urgency, but would represent exactly the opposite.
Regarding speculation regarding the imminent adoption of a government emergency order for amnesty or pardon sentences much less, there is no project that has been put forward in the public debate, in accordance with the Law on Decision-Making Transparency No. 52/2003, and such criminal policy measures not specific to the delegated act of the Government should be accompanied by A justification note based on serious studies of criminology, social and procedural impact, with the participation of all relevant technical experts, especially international experts.
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In this context, we wish to recall the following essential principles for real democracy:
1. Constitutional Principles for Emergency Ordinance
The ability of the executive to govern by emergency ordinances must be justified by the existence of exceptional situations requiring the emergence of emergency orders. adoption of urgent regulations, art. 61 para. (19459016) P Arlement is the only legislative authority in the country
Although, from the constitutional point of view, an exceptional procedure for substituting Parliament for the edict is accepted ( including for organic laws), this possibility can not be equated with a discretionary right of the government and can not justify the abuse in the issuing of emergency orders ] related to the existence of exceptional situations requiring the adoption urgent regulations, according to the art. (4) of the Constitution (see Decision No. 15 of 25 January 2000, pronounced by the Constitutional Court of Romania)
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Otherwise, interference unauthorized in the legislative competence of Parliament, in violation of the principle of the separation of powers in the state the ordinances of Emergency can not be adopted on the ground constitutional laws, which can not affect the regime of the fundamental institutions of the state, the rights, freedoms and duties stipulated by the Constitution (can not be removed, can not be harmed , can not be injured, wounded, etc.), electoral rights, public property [a se vedea art.115 alin. (6) din Constitutie]. Therefore, the area in which the government can substitute for Parliament, by adopting primary rules, is limited, including the imperative of urgent regulation, "says the FRJ release.
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