The dismissal of the president to the law on the organization of the SCM is postponed to Wednesday



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The Constitutional Court of Romania (CCR) postponed the discussion on the announcement made by President Klaus Iohannis regarding the amendment and the completion of Law 317/2004 on the l. organization and functioning of the Supreme Council of the Judiciary

On July 6, the President sent to the CCR a petition of unconstitutionality for the law amending and supplementing Law 317/2004 on the SCM

. "In our opinion, the law was adopted in violation of the law Article 77 (2), Article 64 and Article 147 (4) of the Constitution and Article 77 (2) of the Law fundamental, the law amending and supplementing Law No. 317/2004 on the High Council of the Judiciary was also adopted in violation of the principles arising from the provisions of Article 1 (4) and (5) and the 39, Article 61 (1) corroborated with those of Article 80 (1969)

He recalled that on 22 June he had lodged an application for revision of that law relating to the provisions on the operation of the SCM and to the deterioration of 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 Inspectorate in At the same time, the request for review revealed conflicting standards, references to 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 observe the normative legal norms that would ensure the consistency of the law. Normative act

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The request for review was dismissed. the grounds of the request for review referred to concrete texts of the law criticized, the reports of the commissions mentioned in both Houses of Parliament did not show the reasons for the rejection had been obtained. 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 plenum rejected, without any reasoning, the amendments made, "said the head of state.

The Head of State mentions, invoking 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 is arguable that in fact, in the absence of a specialized debate limited to the grounds for reconsideration, voted for the second time, the normative act of which the review was requested, including the texts that were not the subject of the request for review, with the consequence of crossing the limits of the review, "says Iohannis. 19659005] He also says that the poor transposition of the law being re-examined following a request for reconsideration to the Standing Committees of each of the two Chambers, does not concern mere violations. regulations, namely the competence of the Joint Committee, but even 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 the functioning of the Superior Council of Magistracy in the manner of the legislator violates the provisions of Article 1 (5), but Article 64 (4) and Article 147 para. 4) of the Constitution of Romania ", asks Iohannis, asking the CCR to note that the law amending and supplementing the Law 317/2004 on the High Council of the Judiciary, by its adoption, is unconstitutional

The Constitutional Court of Romania (RCC) rejected as ir admissible the NLP and USR notification concerning the modification and the completion of the law 317/2004 on the organization and the functioning of the Superior Council of Magistracy

the president of RCA, Valer Dorneanu, declared that the complaint was rejected

Constitutional judges challenged the exception of unconstitutionality of the law amending and supplementing Law 317/2004 on the organization and functioning of the Supreme Council of Magistracy, disputed by 90 deputies belonging to the NLP and USR parliamentary groups and by non-registered Members

Liberal Ioan Cupsa af June 28, at the end of the special meeting of the parliamentary commission on the laws of justice, that the bill has was adopted again in violation of the constitutional provisions

: "We have always tried in relation to the proposals made by them when we had opposites to try to to convince. 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, "said Cupel.

Stelian Ion, USR deputy, told Florin Iordache, chairman of the commission Special "a hologram."

"I listened carefully to Florin Iordache and it seemed to me that this person is not real, it's a hologram. Mr. Florin Iordache said with such serenity that he is still fighting corruption and that he is not hiding his way, whereas in reality it is exactly the same. reverse, "said Stelian Ion at that time

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Seymour Hersh, Pulitzer Prize Winner

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