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December 9, 2022

CCR – public motivation of Decentralisation Law unconstitutionality

The Decentralisation Law is unconstitutional because it does not comply with the framework Law of decentralisation no. 195/2006, which provides setting in place preparatory measures for the decentralisation process, the Constitutional Court of Romania announced in a motivation posted yesterday on its site and quoted by hotnews.ro. In a document of 106 pages, CCR explains why it declared, at the beginning of this year, as unconstitutional the Law on establishing certain measures of decentralisation of competences exerted by some ministries and specialised structures of the central public administration, as well as some measures of reform of the public administration. This law was adopted after the government took responsibility before the Chamber of Deputies and Senate, in the joint session of 19 November 2013, and was challenged at CCR by 70 deputies of PDL and PP-DD.
CCR explains that the adoption of the Decentralisation Law does not comply with art. 5 para. (1) of the framework Law 195/2006, which provides that the “transfer of competences is based on impact analyses and conducted using specific methodologies and systems of monitoring indicators, made by ministries and other specialised institutions of the central public administration, jointly with the Ministry of Administration and Interior and the associative structures of the authorities of the local public administration.”
After analysing documents sent by the government, CCR finds out that these documents, whose content is heterogeneous, refer to general information about the problems of regionalisation and decentralisation, the bases of the regionalisation process in Romania, the history of decentralisation during 1991-2013. The government also sent to the Court a “Strategic document regarding the measures necessary in view of accelerating the process of regionalisation – decentralisation in Romania 2013-2016”, which cannot have the legal signification of an impact study/analysis. In the opinion of CCR, these documents were drafted over time, in a more or less organised framework, and were put together and invoked as preparatory measures of the decentralisation process.

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