Romanian President Determined Not To Give Up Amendment Concerning Private Property

The head of state said the Constitutional Court might send its endorsement regarding the draft revised Constitution Wednesday.

Basescu highlighted he is determined not to renounce the proposition to eliminate from the Constitution the provision stating „wealth is presumed to have been obtained legally.”

Article 44 of the current Constitution, concerning „the right to private property” states (section 8): „Legally-obtained wealth may not be confiscated. Wealth is presumed to have been obtained legally.”

The draft revised Constitution eliminates the final part of the section, to read: „Legally-obtained wealth may not be confiscated.”

The Constitutional Court on Friday ruled unconstitutional certain provisions of the draft Constitution put forward by Basescu. 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.