Justice Minister On Criminal Codes Decree: I Will Make An Analysis

Romanian Justice Minister Tudorel Toader stated on Monday, regarding the Government judicial emergency decree announced on Monday, that he will make an analysis into the constitutional aspects of the failed parliamentary bills amending the criminal codes, in order to transpose them into the decree.

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“We will take the constitutional part of the bills and see in what way we can transpose them into a decree which will be passed by the Government,” said the Romanian minister, who added that a deadline for the decree will be set based on the analysis process will.

Toader explained that the decision for a government decree was taken because the coalition failed to pass the bills through the Parliament, as opposition parties and President Klaus Iohannis continuously challenged them at the Constitutional Court.

He also said that, beyond provisions which were explicitly declared constitutional, the decree might include some which were not subjected to Constitutional Court challenges, as they have a “presumption of constitutionality”.

Romanian Prime Minister Viorica Dancila announced on Monday that the Government will look into the opportunity of passing an emergency decree amending the country’s criminal codes with provisions declared constitutional from two previously rejected parliamentary bills.

According to Dancila, a decision on the subject was unanimously reached during Monday’s executive committee meeting of the ruling Social Democrat Party (PSD).

Romania’s Constitutional Court ruled in October that two bills passed by the Parliament, which amended the country’s Criminal Code and Criminal Procedure Code, were unconstitutional in most of their provisions, following challenges made by President Klaus Iohannis, the Supreme Court and opposition parties.

The ruling PSD-ALDE coalition has been attempting since December 2017 to amend the country's criminal codes, with its initiative criticized by international institutions such as the European Commission and the Council of Europe's Venice Commission.

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