ciocan justitie

Constitutional Court to rule on Feb. 27 on Senate chairman’s complaint over conflict between powers

Romania’s Constitutional Court (CCR) is scheduled to rule, February 27, on a complaint over a conflict among state powers filed by Senate Chairman Calin Popescu-Tariceanu, CCR officials told Agerpres on Thursday.

On February 8, Tariceanu notified the Constitutional Court to complain about the existence of a judicial conflict of a constitutional nature between the Government and the Public Ministry (Prosecution Office) via the National Anti-Corruption Directorate (DNA).

The Constitutional Court asked the parties to submit, by February 16, their opinions on Tariceanu’s request for the court to acknowledge the existence of a conflict between state powers as a result of DNA prosecutors having started an inquiry into the drawing up of a controversial emergency ordinance to modify the Criminal Code and the Code of Criminal Procedure.

In a press statement released back then, the Senate says the judicial conflict of a constitutional nature claimed by Tariceanu “was generated by the action of DNA prosecutors to inquire into the circumstances of the drawing up of the draft emergency ordinance amending and supplementing the Criminal Code and the Code of Criminal Procedure, which has triggered institutional blockages.”

Tariceanu argues that by inquiring into the timeliness and circumstances of the drawing up of the draft piece of legislation, “the officials of the Public Ministry have usurped one of the Government’s powers incumbent on the Justice Ministry, thus leading to the preset judicial conflict of a constitutional nature as construed by CCR in their rulings.”

“Emergency ordinance OUG 13/2017 deals with a topic of criminal justice policy, but such measures are the exclusive province of Parliament and Government’s powers, on which other public institutions, including the courts, may only voice opinions on the matter at hand; they can and should be consulted, but they have no power to interfere arbitrarily or prosecute either Parliament or Government’s departments,” reads the complaint.

Tariceanu concludes his complaints by calling on CCR to rule on it so as to settle the conflict, and to state that in the future, criminal investigation bodies may not inquire into the timeliness of pieces of legislation being drawn up.

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