Romanian Constitutional Court Objects To Revised Constitution Draft

The court held that a number of provisions were unconstitutional, including those concerning wealth presumed obtained legitimately, parliamentary and ministerial immunity and the membership of the High Council of Magistrates.

The Romanian Magistrates’ Association stated that the presumption that wealth has been obtained legally derives from the presumption of innocence. Eliminating the presumption of legally-obtained wealth entails that the principle of presumption of innocence is relative and also breaches the right to private property.

The Constitutional Court also objected to the draft’s stipulation that civil society would have more seats on the High Council of Magistrates and be elected to the Council’s chair. In the Court’s opinion, only judges and prosecutors should chair the Council.

Romanian President Basescu on June 9 sent the Constitutional Court the draft revised Constitution, together with the Legislative Council’s endorsement. He also invited the parliamentary groups to a discussion on territorial-administrative reorganization and the Constitution revision, on June 21.