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May 27, 2022
JUSTICE POLITICS

President Iohannis notifies Constitutional Court of Romania regarding two laws on swine, poultry breeders

President Klaus Iohannis has notified on Monday the Constitutional Court of Romania (CCR) on the Law on the approval of ‘Pork reared in Romanian farms’ program, but also regarding the Law for the approval of the support program for reproduction, incubation and rearing activities in the poultry sector.

President Iohannis points out that in the field of state aid and competition, the European Commission is the only institution that decides on the compatibility of the measure with the European Union requirements.

“Under the Treaty on the Functioning of the European Union, any state aid measures are subject to notification obligation and authorization by the European Commission and these measures cannot be implemented by the member states before the Commission’s final decision,” says Iohannis in the unconstitutionality notification.

President Iohannis says that simply notifying the European Commission with a state aid scheme, as stipulated by the criticized law, is not equivalent to its approval by the Commission.

“By contradicting this norm, which is interposed to the constitutional reference one, the entire normative act deducted from constitutional control breaches article 148 paragraph (2) and (4) of the Constitution,” he says.

The head of state shows that, as a consequence, from all the European and national norms it results that the measures constituting state aid can only be adopted and granted under the European Commission’s authorization.

The head of state is demanding that the CCR find that the law on the approval of ‘Pork reared in Romanian farms’ program is unconstitutional as a whole.

Following the same considerations, President Iohannis also notified on Monday the CCR regarding the Law on the support Program for the breeding, incubation and rearing activities in the poultry sector, arguing that this is also unconstitutional in its entirety.

 

Iohannis notifies CCR about Law on approval of GEO regarding CNADNR and CNI

 

President Klaus Iohannis on Monday filed a constitutionality challenge with the Constitutional Court of Romania (CCR) related to the approval of the Government Emergency Ordinance (GEO) no. 55/2016 on the reorganization of the National Company of Motorway and National Roads (CNADNR) SA and the setting up of the National Road Investments Company (CNI) SA, as well as on the modification and supplementation of some normative acts.

Parliament sent this law to the head of the state for promulgation on April 18.

“We believe that, by the manner of its adoption, and by its normative content, this law breaks the provisions of article 1 paragraph (5), article 73 paragraph 93) m) and p), corroborated with the article 76 paragraph (1) of the Constitution, as well as article 75 paragraph (3) of the Constitution,” reads the notification.

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