Romanian Deputies Reject Ordinance Disbanding Presidential Commission

During the debates in the Chamber’s plenary session,  Florin Iordache, head of the committee for legal matters, said "the members of the committee noted that, according to Decision no.1133 of the Constitutional Court on November 27, 2007, article 16 of Law no.115/1999 on ministers’ liability and Government Emergency Ordinance no.95/2007 amending Law no.115/1999 are unconstitutional and unanimously decided to propose in the Chamber of Deputies to adopt in its plenary session the draft law rejecting the Emergency Ordinance amending the law on ministers’ liability."

 

The Chamber rejected Government Emergency Ordinance 95/2007, issued during the mandate of former justice minister Tudor Chiuariu, after the Constitutional Court admitted in November 2007, the exception of unconstitutionality raised by the People’s Advocate, and after it was noted that article16 of Law no.115/1999 on ministers’ liability and Government Emergency Ordinance no. 95-2007 amending Law no.115/1999 are unconstitutional.

 

On November 27, 2007, the Constitutional Court unanimously decided that the provisions of article 16 of Law no. 115/1999 on ministers’ liability and the provisions of Government Emergency Ordinance no. 95/2007 amending Law no.115/1999 on ministers’ liability are unconstitutional.

 

Based on the explanatory note published on December 5, 2007, the Constitutional Court noted that the contents of law subject to examination restricts, through the conditions it imposes, the Romanian President’s right to request the prosecution of the government members for their actions while in office.

 

The Court said that, by restricting a constitutional right of the Romanian President, the emergency ordinance subject to examination also goes against the provisions of article 115, section 6 of the Constitution, based on which "emergency ordinances cannot affect the organization system of the fundamental institutions of the state."

 

As regards the provisions of article 2 of the emergency ordinance, the Court noted that these provisions go against the principles of impartiality of the legal system and the freedom of judges, stipulated in article 124 of Constitution, as well as against the provisions of article 115 (6) of the Constitution.