Prosecutor General Augustin Lazar requested on Thursday the Ombudsman to notify the Constitutional Court of Romania (CCR) with an unconstitutionality exception regarding the emergency ordinance adopted by the Government through which the Criminal Codes were amended, a release of the General Prosecutor’s Office on Thursday reveals.
In the request sent to the Ombudsman, a series of unconstitutionality critics, both of extrinsic, as well as intrinsic nature were invoked.
Therefore, the Prosecutor General claims that through adopting the ordinance it was breached the article 112, paragraph (4) of the Constitution, which stipulates the following: “The Government can only adopt emergency ordinances in exceptional cases, the regulation of which cannot be postponed, and have the obligation to give the reasons for the emergency status within their contents.”
Moreover, it was also breached the article 115, paragraph (6) of the Constitution, according to which: “Emergency ordinances cannot be adopted in the field of constitutional laws, or affect the status of fundamental institutions of the State, the rights, freedoms and duties stipulated in the Constitution, the electoral rights, and cannot establish steps for transferring assets to public property forcibly,” which is reported to the article 124 of the Constitution, and articles 131, paragraph (1) and article 23, paragraph (1) of the Fundamental Law, according to which: “In the judicial activity, the Public Ministry represents the general interests of society, defends the rule of law, the citizens’ rights and freedoms.”
In addition, also breached were the article 1, paragraph 4 of the Constitution, according to which: “The State shall be organized based on the principle of the separation and balance of powers – legislative, executive, and judicial – within the framework of constitutional democracy,” and the article 1, paragraph (5) of the Fundamental Law, according to which: “In Romania, the observance of the Constitution and its supremacy is mandatory.”
Furthermore, in the notification sent to the Ombudsman there are presented critics of intrinsic unconstitutionality, which target a series of the normative acts in question.
Prosecutor General believes that from the regulation of the manner in which the ordinance was put in practice, which he labels as “lacking realism”, the only conclusion that can be drawn is the “ad impossibilium nulla obligatio.”
“All these aspects led to the conclusion of a deviation from the rule of law principles, just as it were adopted by the Venice Commission, more precisely I’m talking about the equality from the perspective of the legislative procedure and of exceptions in this matter, also about the juridical security from the perspective of law predictability, of stability and law coherence,” Augustin Lazar added.
PICCJ will challenge in court GEO on modification of criminal legislation
The Prosecutor’s Office attached to the High Court of Cassation and Justice (PICCJ) will challenge in court the government emergency ordinance (GEO) on the modification of the Criminal Code and the Criminal Procedure Code, Prosectuor General Augustin Lazar announced on Friday.
The Prosecutor General made the announcement before the beginning of the Superior Council of Magistracy (CSM) meeting.
“The modifications to be brought to the Criminal Codes cannot be discretionary. This should be the result of a unitary vision of an elite body of specialists, and Romania has renowned jurists,” Augustin Lazar pointed out in a statement to Agerpres.