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January 23, 2022

CC denies Parliament the right to settle disagreements between Cabinet and President

The Constitutional Court delayed a decision on Blaga’s ousting.

The Constitutional Court (CC) decided yesterday that the stipulation according to which the Parliament decides who will represent Romania at the European Council (EC) if the President and Premier disagree on the issue is unconstitutional. CC judges partially admitted the PDL Senators’ note concerning the unconstitutional character of the Law on Cooperation between Parliament and Government in European Affairs, a law that stipulates that the Parliament decides who will represent Romania at the European Council if the President and Premier disagree on the issue. Thus, the CC ruled that Articles 3, 18 and 19 are unconstitutional.The CC judges discussed the issue on September 19 too but postponed a decision. The PDL note was signed by a group of 26 MPs. Thus, according to the changes brought to the draft law within the commissions, the leader of the Romanian delegation at European Council meetings is the Romanian President or the Romanian Premier. Romania’s representative at the European Council meetings is established through an agreement that the Romanian government and presidency should reach at least 20 working days before the date of the EC meeting.The draft stipulates that if an agreement is not reached in time then the Parliament appoints the leader of the Romanian delegation in a joint meeting of its two Chambers. Also yesterday, the CC judges were expected to debate the PDL note concerning the replacement of PDL President Vasile Blaga at the helm of the Senate, however the decision was postponed. Each of the two camps expressed their belief that justice is on their side. “I’m not clinging to that office, but we want to see the law respected in this country,” Blaga explained.On the other hand, PM Victor Ponta expressed his belief that Senate Speaker Antonescu should not be worried for his office. “The CC has already ruled, stating (…) that if Parliament adopts decisions that modify fundamental rights or the constitutional regime of some institutions then obviously the CC can rule on that. When Parliament takes decisions that have an internal character the CC won’t rule on them. Does it say in the Constitution that Roberta Anastase has to be Speaker of the Lower Chamber?” the Premier stated.He added that in any civilized Parliament the office of Speaker is held by the majority. Somewhat contradicting himself, the PSD President accused Blaga of “usurping that office,” forgetting that at the time he was elected Speaker of the Senate Blaga was backed by the Parliamentary majority that had formed around PDL. Several days ago the Democrat-Liberals filed a note asking the CC to re-analyze the manner in which Vasile Blaga was replaced as Speaker of the Senate in July. Last week the CC recovered its prerogatives, including that of ruling on Parliament decisions.

Blow for TVR Board

CC admitted yesterday the PDL note concerning the Parliament’s decision on the current makeup of the Romanian Television Company’s (SRTv) Administrative Board (CA). The decision was adopted at the end of June. According to the CC, the 8 members of SRTv’s CA, who were validated in Parliament, will lose their membership once the Court’s decision is published in the Official Gazette.  On June 26, Raluca Turcan, Chairman of the Lower Chamber’s Commission for Culture, announced that PDL will attack at the CC the Parliament’s decision to validate the new membership of SRTv’s CA because the proposals made


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