President Klaus Iohannis on Friday sent a bill amending and supplementing Law 346/2006 concerning the organisation and operation of the Defence Ministry (MApN) back to Parliament for re-examination, over the provision in the bill regarding the dismissal of the head of the Directorate General for Defence Intelligence (DGIA).
In his request to Speaker of the Chamber of Deputies Liviu Dragnea, the head of state points out that the bill aims to redefine some terms, as well as to modify structures, powers and responsibilities of the Ministry of National Defence, arguing that Parliament needs to reconsider these legislative developments in line with the principle of bicameralism provided for at Article 61 of the Constitution, and also because they do not correlate with other relevant provisions, depriving of content fundamental constitutional institutions, and likely to generate malfunctions in the system.
“These major amendments and supplements are also likely to contribute to the creation of a significantly different configuration against the form of the first competent chamber regarding the attributes of the Ministry of National Defence, the operation of the structures within it, as well as the role of the Supreme Council for National Defence (CSAT). The bicameralism principle does not allow a single chamber, the decision-making chamber, to legislate exclusively, requiring the first chamber to rule on the legislative changes adopted by the Senate,” Iohannis explains in his request for re-examination.
The head of state mentions that legislative changes in pieces of legislation referring to structures with responsibilities in the field of national security require a careful analysis from the perspective of the role and prerogatives of the CSAT.
“By removing the CSAT from the decision-making process, they are likely to affect the operation of this fundamental constitutional institution from the point of view of fulfilling all the concrete actions of unitary organisation and coordination of activities related to the country’s defence and national security.”
Under the bill submitted to promulgation, the head of the Directorate General for Defence Intelligence is appointed by the minister of national defence, with the approval of the CSAT, and dismissed solely by order from the defence minister.
The same bill also says that the defence minister is entitled to issue orders and instructions regarding, among other things, the mobilisation of the Romanian Armed Forces. “With regard to the provisions of Article 92 (1) and (2) in conjunction with Article 119 of the Constitution, we consider that it is necessary to clarify this norm in order to specify the conditions for the issuing of orders and instructions to mobilise the Romanian Armed Forces by introducing the express opinion of the CSAT in this situation,” argues Iohannis.
The bill further says the number of the publicly-funded positions at the Ministry of National Defence shall be established under defence planning documents, approved according to the law, with the president considering that “the norm is unclear and imprecise, likely to affect the principle of legal certainty, since it is not expressly specified the act by which the Ministry of National Defence accomplishes this task or what the role of CSAT would be in relation with this procedure.”
“In this respect, we point out that the current legislation expressly requires the opinion of the CSAT, a provision also in agreement with Article 4 of Law 415/2002 concerning the organisation and operation of the CSAT,” reads the re-examination request.
The law passed on for promulgation also contains mire blurriness, the head of state maintains. It stipulates that the General Staff shall provide psychological assistance and operational medical support for the Romanian Armed Forces, without specifying through which bodies. “We consider that these provisions must be correlated with those relating to the duties of the Medical Directorate [Article 1, point 22 in the law passed on to promulgation – Article 20 of Law 346/2006],” according to the request.
The bill amending the statutes of the National Defence Ministry passed through the Senate on May 2, the decision-making chamber. The Chamber of Deputies has tacitly adopted the bill.
Head of State promulgates law on establishing Levant Institute
President Klaus Iohannis has signed on Friday the decree for promulgating the law regarding the establishment of the Advanced Study Institute for the Culture and Civilization of Levant.
The normative act was adopted on 9 May by the Deputies’ Chamber after the head of state had requested its reexamination.
The law, which was approved by the Senate, as the first notified Chamber, stipulates the establishment of the Levant Institute as public institution of national interest, as legal entity with judicial personality, funded from its own revenues and subsidies granted from the state budget, through the Senate budget.
Also on Friday, President Klaus Iohannis signed the decree for promulgating the Law regarding the approval of the Government Ordinance No.25/2016 for the amendments and additions of several normative acts in the area of foreigners.