The Government on Sunday adopted an emergency ordinance to repeal the Government Emergency Ordinance (GEO) on the modification of the Criminal Code and the Criminal Procedure Code, reads a Government release on Sunday.
“Today, in the Government meeting we approved the Emergency Ordinance draft for the abrogation of Government Emergency Ordinance No 13/2017 for the modification and addition of Law No 286/2009 on the Criminal Code and Law No 135/2010 on the Criminal Procedure Code, as well as for the modification of Law No 135/2010 on the Criminal Procedure Code,” the release points out.
Moreover, Prime Minister Sorin Grindeanu asked that in the coming period the Justice Ministry initiate public debates as soon as possible with all political parties and the civil society on the topics in the ordinance that has been repealed.
“At the same time, the Prime Minister requested the relevant ministry to cover all stages to have a draft law putting in agreement the Constitutional Court decisions, the European directives, the Criminal Code and the Criminal Procedure Code, in view to send it to Parliament for debate,” the release also shows.
According to the release, during the same meeting the Government approved the memorandum on the approval of declassifying the minutes including the debates in the Government meetings carried out on 18 May 2016 (excerpt) and 31 January 2017 (in full). The information will be made public on the Government website on Sunday, the release also shows.
In the Government meeting of 18 May 2016, the Ciolos Government adopted and emergency ordinance draft for the modification and addition of Law No 286/2009 on the Criminal Code, as well as Law No 135/2010 on the Criminal Procedure Code.
On the other hand, in the 31 January Government meeting, the Grindeanu Cabinet adopted in its turn an emergency ordinance draft for the modification and addition of Law No 286/2009 on the Criminal Code, as well as Law No 135/2010 on the Criminal Procedure Code.
On 3 February, the Government’s Press Office informed that Prime Minister Sorin Grindeanu decided the initiation of the procedure demarches to declassify the minutes of the Government meeting of 31 January.
Emergency ordinance to repeal GEO on amendments to Criminal Codes, published in Official Journal of Romania
The Emergency Ordinance to repeal the GEO No 13/2017 regarding the amendments to the Criminal Code and the Criminal Procedure Code was published on Sunday in the Official Journal of Romania.
The Emergency Ordinance No.14, which was adopted by the Government in the meeting on Sunday, stipulates that the GEO No.13/2017 for the amendment and addition of the Law No.286/2009 regarding the Criminal Code and the Law No.135/2010 regarding the Criminal Procedure Code, published in the Official Journal of Romania on 1 February, is repealed.
According to the new normative act, during the criminal prosecution, the court supervision can be extended by the prosecutor through an ordinance, if all the grounds that determined the measure are still in place or if new grounds appeared that would justify its extension, each extension cannot exceed 60 days.
The emergency ordinance was adopted “taking into account that, since the GEO No.13/2017 was published in the Official Journal, on 1 February 2017 and until now, there were many reactions, not only in respect to the normative text content, but also in respect to the manner in which it was adopted.”
Moreover, the repeal GEO was adopted taking into account that these reactions are coming from institutions of the judicial system, such as: the Superior Council of Magistracy (CSM), the High Court of Justice and Cassation (ICCJ), the Public Ministry, as well as from other authorities of the state – the President of Romania, the Ombudsman.
The GEO mentions that the normative act in question “has raised a real interest among the citizens of Romania, they understood to get actively involved, not only by attending the public debate that was carried out in the period previous to its adoption, but by supporting the ideas within a public demonstration that occurred throughout the entire country and in several cities abroad.”
Moreover, according to the normative act, it was noticed that “that the strong reaction of Romanian citizens that especially targeted the insufficient debate of the interest solutions for the entire community, demanding, in consequence, a larger debate of solutions within Parliament.”
The GEO was approved also as it was found that “currently, on the background of the tensions created following the adoption of the GEO No.13/2017 there is a real threat of dividing the society, in the context generated by misunderstanding, with serious consequences over the society’s general climate of stability, and admitting and observing, in equal measure the exercise of democracy in all its forms.”
The normative act also says that it has been noticed “that the existing tensions can be removed though the express and immediate repeal of the texts that raised the mentioned massive reactions, which implies, from a technical point of view, an express intervention over the texts in the Criminal Procedure Codes that were in force, so that the texts will return to the form they had before the adoption of the mentioned ordinance, they are to be enforced again, taking into account the Constitutional Court decisions No.586/2016 and No.614/2016.”
The GEO also states that it has been assessed that “just an express and urgent repeal of the texts, especially the ones regarding the Criminal Code, that were intensively criticized, would restore the equilibrium in the Romanian society and would allow the constant and constructive dialogue to be reinstated.”
The GEO adopted on Sunday by the Executive comes into force on its publication date in the Official Journal of Romania.
The emergency ordinance is signed by Prime Minister Sorin Grindeanu and countersigned by Justice Minister Florin Iordache, Interior Minister Carmen Dan and Foreign Affairs Minister Teodor Melescanu.
PM Sorin Grindeanu: I don’t wish for us to divide Romania. Romania cannot be broken in half
The Government Emergency Ordinance (GEO) on the modification of the Criminal Codes will be repealed in a Government meeting on Sunday, Prime Minister Sorin Grindeanu announced on Saturday, at the Victoria Governmental Palace.
“We have made a few decisions after all these days. The first, tomorrow we’ll have a government meeting in an emergency regime for the abrogation of this ordinance. (…) I am using the term ‘abrogation’. (…) I have seen debates including from this point of view. It is the term used by the Presidential Administration, when we were asked to repeal this ordinance. We’ll find the legal way, the abrogation, the prorogation, for this ordinance not to come into force,” Prime Minister Sorin Grindeanu said on Saturday evening.
The PM pointed out he does not wish Romania to be divided.
“I don’t wish for us to divide Romania. Romania cannot be broken in half. Romania, I believe, at the moment, through everything that is happening, on the one hand, and on the other, the arguments of those who supported us and voted us, seems broken in half, if not in even more pieces. Reaching such a situation is the last thing I want,” the Prime Minister said.
According to him, the decisions the Constitutional Court made which have not been put into practice will be transposed in the legal framework “at the shortest.”
“An agreement (…) is needed between what the Constitutional Court decision means and the legal framework. I shall soon initiate a consultation with all the other parties, starting from the Constitutional Court decisions and from the form we have, excluding maybe that much discussed 200,000 lei threshold, so that, after a dialogue I hope I have – and I am taking this opportunity to launch this invitation to dialogue – , we send a draft law to Parliament at the shortest in order to put in agreement the Constitutional Court decisions with the legal framework,” Grindeanu said.
The chief of Government underscored that any Constitutional Court decision is mandatory.
“All these things are mandatory for all Romania’s citizens. (…) I have closely watched everything that has happened these days all over the country and I have seen people’s positions, very many argued, others, however, didn’t reflect reality. The idea is that a cleavage has been created in society. On the other hand, our members and supporters urge us to continue in what this demarche means,” Grindeanu also said.
“ Arguments supporting ordinance not well communicated; Justice Minister assumes consequences”
Prime Minister Sorin Grindeanu on Saturday also said that the arguments in favour of supporting the ordinance on the modification of the Criminal Codes were not communicated well, the Justice Minister being the one who “assumes the consequences.”
“All the arguments we had in supporting this ordinance were not very well communicated. For this reason, a lot of confusion was created, very many distortions that are not related to what was adopted in the end. For this reason, the Justice Ministry and the Justice Minister will assume and assume all consequences,” Grindeanu said at the Victoria Palace.
He pointed out that he still wants to put the governance programme into practice.
“We still have 12 points on the first semester that we must adopt in the future government meetings and through the measures we shall make so that what Romanians have voted, that governance programme, be found in theirday to day life,” the Prime Minister added.
President Spokesperson: Decision announced by PM Grindeanu – important step to normalisation
The decision announced by Prime Minister Sorin Grindeanu is an important step to normalisation, President Spokesperson Madalina Dobrovolschi told Agerpres on Saturday.
“The decision announced this evening by Prime Minister Sorin Grindeanu is an important step to normalisation. At the same time, an important step is made to correct the situation created. The Government made a flagrant mistake and the Government is responsible with solving the crisis it created. The people protesting have legitimate, democratic, correct requirements, and the Government must understand that the citizens don’t settle for anything less,” Madalina Dobrovolschi said.