Constitutional Court Admits Challenges Against Criminal Code Amendments

Among them were controversial new definitions for abuse of office and influence peddling, but also provisions regarding manslaughter and perjury.

The bill was challenged by President Klaus Iohannis for erroneous procedure, as the head of the state pointed out that the Senate, as a first chamber, failed to vote on it during the 60-day constitutional term, meaning that the bill should have been automatically passed in its initial form.

The opposition challenge focused on the bill’s stipulations, with initiators stating that more than 30 of its provisions were unconstitutional.

Among the controversial stipulations which were declared unconstitutional was one which modifies the definition of abuse of office, restricting the eligibility of the offence to acts committed in self-interest or in the interest of close relatives.

The Court also declared a provision which would make the offense not applicable for Parliament or Government unconstitutional.

Another stipulation which would see clerks passible of jail if they refer to a prosecuted individual as condemned before a final decision is issued was also found in contradiction with the supreme law.

Romania’s Lower Chamber initially passed the bill on July 4. Another bill of the judicial overhaul proposed by the PSD-ALDE ruling coalition, amending the country’s Criminal Procedure Code, saw 64 of its provisions deemed unconstitutional by the court.

As a consequence of the ruling, the bill will be returned to the Parliament to amend the unconstitutional provisions.

 

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