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Bucharest
March 4, 2021
JUSTICE

CCR rules that law on the purchase of “Vila Florica” by the state is unconstitutional

However, the Culture Ministry took over the building two weeks ago

 

Constitutional Court accepted on Tuesday the constitutional challenge submitted by President Klaus Iohannis and decided that the Law on the purchase of the building The Ensemble of the Bratianu Mansion – Florica (“Vila Florica”) located in Stefanesti, Arges County, by the Minister of Culture and National Identity, is unconstitutional. However, the Minister of Culture signed the sale-purchase contract by which it took over “Vila Florica” two weeks ago.

According to a press release issued by CCR, “following the debates, the Constitutional Court unanimously accepted the constitutional challenge and found that the provisions of the Law on the purchase of the building The Ensemble of the Bratianu Mansion – Florica (“Vila Florica”) located in Stefanesti, Arges County, by the Minister of Culture and National Identity, are unconstitutional.”

To rule this decision, the Court found that “the examined law has an individual nature, being adopted by taking into account a single predetermined case, namely the purchase of a building, instead of being issued in order to be applied to an undetermined number of concrete situations”.

“But the Court held in it jurisprudence that the law, as a legal act of the Parliament, regulates general social situations, being an act to be generally applied, according to its essence and constitutional purpose, without being able to have an individual nature. The Court also found that Parliament, by adopting laws in areas which exclusively belong to infra-legislative, administrative acts, violated the principle of separation and balance of powers, as well as its constitutional prerogatives provided by Art.1 para. (4), respectively by Art.61 para. (1) of the Constitution”, CCR underlines.

The Court also held that the challenged law does not comply with Art.4 para. (2) and Art.16 para. (1) and (2) of the Constitution, regarding the constitutional principle of the equal rights.

The decision is final and generally binding and it will be communicated to the Romanian President, to the Speakers of the two Chambers of the Parliament and to the Prime-Minister. The argues considered in motivating the decision ruled by the Plenum of the Constitutional Court will be presented inside the decision, which will be published in the Official Journal of Romania, Part I.

Although the President has already submitted the notification to CCR,the Romanian state took over on November 13 the Ensemble of the Bratianu Mansion – Florica (“Vila Florica”) located in the Arges County, by the Minister of Culture and National Identity, which signed the sale-purchase contract.

On November 2, President Klaus Iohannis sent to the Constitutional Court a constitutional challenge on the Law on the purchase of the building called the Ensemble of the Bratianu Mansion – Florica (“Vila Florica”) located in Stefanesti, Arges County, by the Minister of Culture and National Identity.

In March, Ionut Vulpescu, the Minister of Culture and National Identity at that time, announced that the institution wishes to exercise the preemptive right for the Ensemble of the Bratianu Mansion – Florica Vila, located in Arges.

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