Romania Constitutional Court Mitigates Conflict Btw Parliament, Public Min

Romania’s Constitutional Court Thursday published the decision regarding the legal conflict between the Parliament and the Public Ministry, concerning the procedures needed to request the prosecution of members and former members of the government for acts committed while in office.

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The Court’s decision says the ministry cannot randomly or preferentially submit an intimation to the Chamber of Deputies, Senate or the President for the start of the prosecution because, in conformity with the provisions of article 71, section 2, of Constitution, the quality of deputy or senator goes hand in hand with that of member of the government.

Therefore, the positions of deputy or senator and member of the government altogether naturally imply, according to article 109, section 2, the competence of the Chamber of Deputies or Senate for the start of prosecution, if necessary.

Thus, if the Prosecutors’ Office of the Supreme Court is to notify one of the three aforementioned authorities on the start of prosecution against a member of the government, the solution in this respect depends on whether the respective person is also member of the Parliament when the notification is submitted.

The Court’s decision says the Prosecutors’ Office must address one of the three authorities, otherwise, the provisions of article 109, section 2 of Constitution might become inapplicable as far as the Parliament is concerned, and the ministry will thus decide which of the three authorities will receive the notification.

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