Romanian Constitutional Court Overrides Decentralized Institution Management Law

In its meeting Wednesday, the Constitutional Court ruled on the objection of unconstitutionality raised against the Law approving Government Emergency Ordinance 37/2009.

Thus, the court ruled with a majority of votes that the law is unconstitutional because, according to the Constitution, „emergency ordinances cannot be enacted where constitutional laws are involved, they cannot change the status of the state’s fundamental institutions, the rights, liberties and obligations stated in the constitution, the electoral rights and they cannot target measures for the forceful transfer of goods to public property.”

The court’s decision is final and binding and is notified to the president of Romania, the presidents of the two Chambers of Parliament and to the prime minister.

Today’s ruling came as the final element in a constitutionality challenge initiated on June 26 by liberal and Hungarian minority party MPs against the Law approving Government Emergency Ordinance 37/2009 on management in decentralized institutions.

The Chamber of Deputies enacted in a plenary meeting held on June 23, with 173 pros, 59 cons and four abstentions, Ordinance 37/2009 on several measures for the improvement of public administration activity. The con votes were cast by the liberals and the Hungarian minority, who later said they would challenge that law in the Constitutional Court.

However, the Romanian Government passed an emergency ordinance Tuesday amending the current procedures for appointments to positions of high public servant and stipulating that one can also fill a lower position if detached to a certain institution. The new ordinance cancels the act on which the Constitutional Court ruled today.

The substantiation note of the emergency decree stipulates that, to ensure a good functioning of activities unfolded by public authorities and institutions, a series of exceptional measures were established for 2009, which target the filling of positions within the category of high public servants, which are currently filled temporarily.

The decree eliminates the deadline set for October 30, 2009 by which valid laws allow the filling of a vacant position within the category of high public servants, by temporarily promoting a public servant.