Constitutional Court rules 26 articles of draft revised fundamental law are unconstitutional


Sources close to the debates told Agerpres that Constitutional Court of Romania judges ruled at the end of Sunday’s session that 26 articles and paragraphs of the draft revised constitution are unconstitutional. They also said it is possible that the Court judges may recommend that an article on naming the prime minister be maintained in the form set in the current constitution. The constitution’s article 3 says the President of Romania names a candidate to prime minister following talks with the party having an absolute majority in Parliament, or if no such majority exists, with the parties represented in Parliament.
Chairman of the Constitutional Court of Romania (CCR) Augustin Zegrean on Saturday said the court has so far found at least 10 unconstitutional articles in the constitutional revision draft submitted by Parliament for a constitutionality check are unconstitutional. He did not mention what articles there were, but he said that an article was discarded under which any MP resigning from the party on which lists he or she was elected would have lost his or her MP seat. ‘The Constitution in force says imperative mandates are null, so its form was kept and nothing was changed,’ said Zegrean, at the end of the court’s discussions of a Constitution revision draft. He added the minutes of the decision will be published and a reasoned opinion will be issued in the days to come. ‘We are not issuing a mere consultative opinion. We are issuing a ruling, and, according to the law in force, the court’s rulings are generally mandatory once they are published in the Official Journal,’ said Zegrean. He also said that in the case of other articles rewording recommendations were made, re-correlations of texts and replacements of phrases. ‘The court believes that the texts must be in line with both the Constitution and the principles of constitutional law and the principles of the rule of law,’ Zegrean said at the end of CCR discussions.
Zegrean also said that the draft is neither better, nor worse than other drafts submitted to CCR. ‘I cannot make any overall appreciation of it; it is neither better, nor worse than other drafts. People really tried. Proposing changes in the Constitution is no easy task when working with many people, because everyone has their ideas, it is hard to put them together,’ he said.
USD representatives to vote for revision according to CC recommendations
The Social Democratic Union (USD), including the Social Democratic Party (PSD), the Conservative Party (PC) and the National Union for Romania’s Progress (UNPR), reported on Saturday the its representatives in the parliamentary Constitution revision commission will vote in favour of the revision of the Constitution draft, in accordance with the recommendations of the Constitutional Court judges.
In retort, PNL MP Alina Gorghiu, member of the Constitution revision commission, said yesterday the USD press release is “premature and slightly infantile”, as USD is not established as a parliamentary group.

Leave a Reply