Romanian Ministers’ Liability To Be Set Through Organic Law – Draft Revised Constitution

The draft law revising Romania’s Constitution stipulates that the criminal liability of members of the Government will be established through an organic law, while sections concerning requests for criminal prosecution of ministers and the law of minister liability are eliminated.

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Sections 2 and 3 of Article 109 of the current Constitution states that only the Parliament and President of Romania have the power to request the criminal investigation of members of the Government. Ministers are tried by the Supreme Court, while liability and applicable sentences are provided through a law on ministerial liability.

The revised act eliminates these two sections, replacing them with the text: "the criminal liability of members of the Government will be established through an organic law." Under Romanian legislation, an organic law is stronger than an ordinary law, but weaker than a constitutional law.

Romania's Government has decided to put forward a draft law for the revision of the Constitution, providing for a single-chamber Parliament and a maximum of 300 MPs, which was forwarded to the head of state.

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