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January 23, 2022

Senate quashes GEO No. 13. Final vote on Tuesday, in the plenum of the Deputies’ Chamber, for approving GEO 14 and rejecting GEO 13

The Senate plenum adopted on Monday by a vote of 110 to 1 and 9 abstentions the bill repealing GEO No. 13/2017 amending and supplementing Law No. 286/2009 on the Criminal Code and Law No. 135/2010 on the Criminal Procedure Code.

The plenum of the Deputies’ Chamber, as a decisional forum, will decide by vote on Tuesday on the draft law approving GEO 14 and on the draft law rejecting GEO 13.

The Law Committee of the Chamber will convene on Tuesday morning to debate GEO 13, which came from the Senate meanwhile, so that both of the two GEOs will be subject of the final vote.


Eugen Nicolicea, the Chairman of the Law Committee of the Deputies’ Chamber: There is a possibility for the law rejecting GEO 13 to be declared unconstitutional


The Chairman of the Law Committee of the Deputies’ Chamber, Eugen Nicolicea, stated on Monday that there is a possibility for the Law rejecting the GEO 13 to be declared unconstitutional by the Constitutional Court of Romania (CCR), if will be notified; in this respect, he invoked a precedent in the CCR jurisprudence.

“I underline that there is a possibility for the Law rejecting (GEO 13 – e.n.) to be declared unconstitutional, as such a law has previously been declared by the Decision no.98/2001” Nicolicea pointed out.

He said that those who insist that a repealed GEO has to be rejected by a law, namely to have two cassation dates, must assume the responsibility for the possible caused effects, and he pointed out that President Iohannis and the opposition proposed the abrogation by the law.

“PM Grindeanu spoke about two solutions – prorogation of the term and abrogation. If prorogation was made for four years, to end this mandate, we had no problem, no discussions. But not to cause discussions, he conceded and accepted the President’s point of view, namely to issue GEO for the abrogation. Mr. Dragnea also said to give them the opportunity to show their wisdom regarding the legal content. We have accepted what the opposition said, but remember, if there will be any negative effect, it fully belongs to them “, Nicolicea underlined.

Asked if there is any possibility for the Law rejecting GEO 13 to be challenged to CCR, Nicolicea stated: “PSD will not submit any complaint, but do you think that who challenged GEO 14 cannot also continue to make complaints?”


Senate Chairman: Upper House sitting agenda modified to include passage of bill repealing GEO No.13/2017


The Senate’s Standing Bureau approved on Monday the addition to the plenary sitting agenda of the bill rejecting GEO No. 13/2017, Upper House Chairman Calin Popescu-Tariceanu announced.

“The main point which I think is of utmost public interest referred to the proposal to supplement the agenda of today’s Senate plenary sitting, given that the Law Committee has worked out the relevant report on the bill rejecting GEO No. 13. So, for those who had concerns that the ordinance may not have been fully killed, we’ll do this today – to be very clear to everyone. Some think this is necessary, despite the repeal. To this effect the agenda was amended and you will witness the plenary meeting adopting the bill rejecting GEO No. 13,” Tariceanu said at the end of the sitting of the Senate leadership.

The Senate Law Committee unanimously adopted on Monday a report with two amendments approving the bill on GEO No. 14 14/2017 that repeals GEO 13/2017, modifying the title and the only article of the bill to stipulate the rejection of the regulatory act.



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