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Bucharest
September 29, 2020
POLITICS

PNL’s Andronache: Hiring in the central administration by memorandum is unconstitutional

The PNL MP Gabriel Andronache asks the Government to repeal the ordinance suspending the hiring in the central administration, because it provides that it can be done through derogations approved by a governmental memorandum, which is against the principle of legality provided by Constitution, since derogations from a normative act can be done through another normative act with at least the same legal force.

Gabriel Andronache claims that his fears related to the Law enabling the Government to issue GEOs during the Parliament’s holiday were confirmed, since the Executive uses the vague provisions of the law in order to abuse the legislative delegation.

“It’s been only 12 days since the Enabling Law was published in the Official Journal, and the Tudose-PSD Government makes a wrong step and confirms our suspicions” Andronache stated in a press release published on Monday.

The Liberal claims that the Ordinance on certain measures in the field of the central administration includes a profoundly unconstitutional provision, which states that public servants can be hired by a memorandum approved by the Government, derogating from the provision which establishes that hiring in governmental authorities/institutions is suspended.

“I’ve never seen recently a more obvious violation of the principle of legality provided by Art.1 par.(5) of the Constitution, because the Law no.24/2000 on the normative technique stipulates in the Art.63 that «derogation can be done only through a normative act having at least the same level with the original regulation». In Tudose Government’s vision, a governmental memorandum has an equal or higher legal force than the Government’s Ordinance! You should study the Constitution, Mr. Tudose!” Andronache stated.

He asks PM to repeal the mentioned ordinance on the ground of unconstitutionality.

“PSD’s lie from the electoral campaign related to increasing the revenues of the public servants is covered by measures like the austerity in administration, established by clearly unconstitutional regulations!” Andronache concluded.

 

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