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October 22, 2021

Senate to found Committee for constitutionality and civil liberties

The Senate leadership decided on Monday, in principle, the foundation of a Committee for constitutionality and civil liberties that had the purpose to create an agreement of laws and Constitutional Court decisions, that will represent the Senate to the CC in cases of conflict, but also in the relation with European officials, in the frame of the Cooperation and Verification Mechanism.
Therefore, the Permanent Bureau of the Senate decided on Monday to send to the Regulations Committee a draft law stipulating the foundation of the Committee for Constitutionality and Civil Liberties, based on a proposal coming from the Legal Committee.

The Legal Committee decided with an unanimity of votes, to address the Permanent Bureau the invitation to forward the Regulations Committee the draft law for the completion of article no. 66, paragraph 2 in the Senate Regulations, in the sense of introducing, after the first point, “The legal committee of appointments, discipline, immunities and validations” and a new point, I1, “The Committee for constitutionality and civil liberties”.
The Commitee for constitutionality and civil liberties will elaborate, at the request of the Permanent Bureau, the approvals for establishing competences regarding the adoptions of certain draft laws and legal propositions the Senate was notified for.
Also, in the cases of unconstitutionality established by the Constitutional Court, the Committee elaborates the report, reexamining the respective previsions in order to adapt them to the CCR decisions, operating the required technical – legislative correlations.
The Commission for unconstitutionality and civil liberties will decide, by issuing a point of view, on competence conflicts between the Chambers of the Parliament.
The members of the Committee will also decide, at the demand of the Senate President, on constitutional conflicts between institutions, forwarding from for counseling.

“The Commission, through its (appointed) members, may represent the Senate, in the files he is involved in, at the request of the Senate President, at the debates of the Constitutional Court”, according to the proposal forwarded to the Permanent Bureau.

The Commission will also work on the “facilitation and development of the dialogue, as a result of transmitting the notification from behalf of the permanent Bureau, between the institution of the Senate (mostly for member Senators) and the delegations of European organisms on the topics related to the Cooperation and Verification Mechanisms.”
At the same time, it will monitor ECHR decisions referring to the violation of the European Convention of Human Rights from behalf of the Romanian state, and it will assist the appointment procedures of the three judges from behalf of the Senate to the Romanian Constitutional Court and the appointment of the Romanian judge to ECHR.
The Committee will overtake and issue replies to questions from behalf of European evaluators to these domains, in order to capitalize them for the reports of European institutions.

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