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October 3, 2022

President Iohannis takes Law on information systems’ high shared security to Constitutional Court

President Klaus Iohannis on Monday referred to the Constitutional Court of Romania (CCR) a constitutional challenge to the Law on the high shared security of information networks and systems.

“We consider that the manner this law was adopted violates the provisions of Article 1 Paragraph (5) in relation to Article 119 of the Constitution,” the President argues in the note to CCR.

According to the notification, the regulatory act defines the national critical infrastructure as “an element, a system or component thereof located on the national territory, which is essential for maintaining the vital functions of society, health care, safety, security, the social or economic welfare of the people and whose disruption or destruction would have a significant national impact due to the inability to maintain the respective functions.”

President Iohannis points out that this way, the regulatory act sent for constitutional scrutiny has implications for critical infrastructures which, according to the Country’s National Defense Strategy are part of the national security targets, so that the law has direct implications for the country’s defence system and for national security.

Iohannis stresses that according to the Law on the organization and functioning of the Supreme Council for National Defence, this administrative authority approves the draft regulatory acts initiated or issued by the government that concern national security. The President mentions that the constitutional support for these regulatory provisions is Art. 119 of the Constitution according to which “the Supreme Council for National Defence organizes and coordinates in a consistent manner the activities concerning the country’s defence and national security.”

“Having in view these aspects and the fact that the law under criticism was designed in violation of the aforementioned legal provisions, without seeking the opinion of the country’s Supreme Council for National Defence, we consider that the Law on the high shared security of information networks and systems runs counter to the provisions of Article 1 Paragraph (5) of the Constitution, that states that “in Romania respecting the Constitution, its supremacy and the laws is mandatory,” corroborated with Article 119 of the Constitution,” argues the President.

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