CCR to debate challenges to Criminal Code on September 17

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Constitutional Court (CCR) judges will debate, on September 17, the challenges to the Criminal Code amendments, challenges filed by the National Liberal Party (PNL), Save Romania Union (USR), Popular Movement Party (PMP) and the High Court of Cassation and Justice (ICCJ).

“On September 17 we will debate the challenges we received to the modifications brought to the Criminal Code,” Constitutional Court sources told Mediafax.

Last Thursday, PNL, USR and PMP filed constitutionality challenges to the bill amending the Criminal Code, claiming that more than 30 of its articles are unconstitutional, including the one regarding abuse of office, but also the abrogation of the article concerning negligence resulting in breach of duty.

“The notification we are lodging with the CCR will be registered today, so we hope this Code protecting criminals will never become law. We are asking the CCR to send the preliminary questions that concern the rule of law, that concern this fundamental EU value, to ask these preliminary questions to the EU’s Court of Justice and then to focus on our constitutionality challenge to the PSD-ALDE overture. This notification is the fruit of PNL, USR and PMP’s labour. Together we notified the CCR. Yesterday was a day of shame,” Ioan Cupsa stated in Parliament.

PNL’s House lawmaker claimed that the lodged notification includes more than 30 articles believed to be unconstitutional, including the article regarding abuse of office.

Last Thursday, High Court of Cassation and Justice (ICCJ) judges also announced that they filed a constitutionality challenge to the bill amending the Criminal Code.

“On Thursday, 5 July 2018, High Court of Cassation and Justice judges convened in Joint Sections, in line with the stipulations of Article 25, Section c), of law no.304/2004 on the structure of the judicial system, republished, with subsequent amendments and supplementations, in order to ask the Constitutional Court to exercise its constitutionality oversight, prior to promulgation, in what concerns the law amending and supplementing law no.286/2009 on the Criminal Code, as well as amending and supplementing law no.78/2000 on the prevention, discovery and censuring of corruption crimes,” the High Court of Justice points out in a press release.

President Klaus Iohannis has criticised Parliament’s amendments to the Criminal Code and has announced that he will challenge the Criminal Code at the Constitutional Court. He has added that the way the PSD changed parliamentary procedures “is simply inadmissible.”

On Wednesday, the House adopted the bill amending the Criminal Code, with 167 votes in favour, 97 against and 19 abstentions. The bill had also cleared the Senate.

 

Nicusor Dan: CCR has scheduled for September 17 its debate on Penal Code exceptions. In the most pessimistic scenario, the President will send the law back to Parliament in October – December. A hot summer is up next for Dragnea

 

Save Romania Union (USR) House lawmaker Nicusor Dan states that, considering that the Constitutional Court has scheduled for September 17 its debate on the exception raised on the Criminal Code, in the most pessimistic scenario the President will send the law back to Parliament in October – December. He says that “a hot summer” is up next for PSD leader Liviu Dragnea, convicted in the court of first instance to three and a half years in prison, executory sentence, for instigating abuse of office in the dossier concerning fictitious employments at the Teleorman County’s General Directorate for Social Services and Child Protection (DGASPC).

“The Constitutional Court has scheduled for September 17 its debate on Penal Code exceptions. This means that, in the most pessimistic scenario, the President will send the law back to Parliament in October – December. A hot summer is up next for Dragnea. He is hasty, he is nervous. He wants to impeach Iohannis,” Nicusor Dan writes on Facebook.

He adds that, in the pessimistic scenario, after the President sends the law back to Parliament, Parliament’s vote will be final.

“We should be prepared to react powerfully during the days of the final vote in Parliament,” USR’s House lawmaker adds.