JUSTICE POLITICS

Government Emergency Ordinance amending Criminal Codes; Toader: We will take the constitutional part and transpose it into the GEO

Premier Viorica Dancila announced on Monday that the advisability of adopting an emergency ordinance amending the Criminal Codes so that the articles declared constitutional would come into force was discussed during the PSD meeting, with the articles declared unconstitutional set to return to Parliament.

“There was such a discussion; it’s been unanimously decided that the articles declared constitutional would be promulgated via emergency ordinance,” Viorica Dancila confirmed.

The emergency ordinance would put into force the Criminal Code articles declared constitutional.

“We must see the legal norms for doing this. The Executive Committee has established that we should issue a GEO for what was declared constitutional. When the CCR [Constitutional Court of Romania] declares something constitutional it is mandatory for everyone; our discussion started off from this consideration,” the Premier added.

Referring to the articles declared unconstitutional, Viorica Dancila stated that they will return to Parliament in order to be modified.

 

Tudorel Toader: We’ll take the constitutional part and transpose it into the GEO

 

Justice Minister Tudorel Toader stated on Monday that Justice Ministry representatives will take, from the Criminal Codes, what is constitutional and will transpose it into a Government emergency ordinance.

“It has been decided, without entering a contradiction with anyone, that we should see what the legal procedures are to accelerate the legislating procedure in what regards the Criminal Code and Criminal Procedure Code, in the parts declared constitutional. It has been discussed, it has been decided, that the Justice Ministry would analyse, would examine, to what extent one or two emergency ordinances can be adopted in order to transpose into the criminal legislation of the Criminal Code and Criminal Procedure Code the legislative solutions that were declared constitutional. Since the solutions were validated by the CCR as agreeing with the exigencies, they can enter the active substance of criminal legislation. (…) We will take the constitutional part of the law and we will see to what extent we will transpose it into an ordinance that will be adopted by the Government. All things have a deadline and if it’s not fixed then it’s reasonable. Depending on the analysis,” Tudorel Toader stated.

“We are in the hypothesis in which the bill has been dragging on for a long time, so then we will see, at Government level, whether we stay put with the constitutional part and Parliament comes and modifies the unconstitutional part, sends it to promulgation, the President waits for the promulgation deadline, probably challenges it at the CCR, and the summer arrives,” Toader added.

The Justice Minister also pointed out that the Criminal Code articles declared unconstitutional by the Constitutional Court can be modified only by Parliament, certainly not by the Government.

Asked whether certain solutions will be reached in some dossiers, Toader said: “You’re asking me to show the effects before I see the solution. Let me see the content of the modification and then the effects.”

 

JusMin: No discussion on amnesty and pardoning at meetings I took part in

 

Justice Minister Tudorel Toader stated on Monday that there has been no discussion on amnesty and pardoning during the PSD leadership meetings he took part in.

“During the meetings I took part in there was no discussion on amnesty and pardoning,” Tudorel Toader stated after the meeting of PSD’s National Executive Committee.

The Justice Minister reiterated that he does not take part in the adoption of political decisions in the Dancila Cabinet.

“I’m Justice Minister in a political Government. I’m not the member of any ruling coalition party, consequently I did not and I do not take part in political discussions. I do not take part in discussions, obviously I do not take part in decision-making either,” Toader added.

Premier Viorica Dancila has ruled out adopting an emergency ordinance on amnesty and pardoning by the end of the year, saying that such a legislative act is not on her table and she has not talked with anyone about it. “We won’t have something like this on the agenda, I don’t have something like this on the Government’s table. (…) As Prime Minister I have no legislative act that would stipulate this. We haven’t had a discussion, so I can’t tell you. I don’t know whether a discussion is called for,” Viorica Dancila stated.

 

Ludovic Orban on GEO on Criminal Codes: We must be on the lookout

 

National Liberal Party (PNL) President Ludovic Orban has criticised, on RFI, the Government’s intention to adopt a GEO on the Criminal Code and Criminal Procedure Code articles declared constitutional.

On the other hand, he says that USR’s proposal for President Klaus Iohannis to take part in all Government meetings until the end of the year is “boundless stupidity.”

Ludovic Orban is expecting “any kind of subterfuge” in what concerns the GEO on the Criminal Codes: “You know how the saying goes – once bitten, twice shy. We must always be on the lookout when the PSD has an initiative in the field of justice, because we can expect any kind of subterfuge in order to do the ruling coalition’s lawbreakers a service. I haven’t seen any text on the Ordinance, I’m against regulating via GEO, especially in the field of criminal policy, of the Criminal Code and the Criminal Procedure Code.”

 

USR’s proposal that President should take part in all Gov’t meetings – “boundless stupidity”

 

Asked for his comment on the Save Romania Union’s (USR) suggestion that President Klaus Iohannis should take part in all Government meetings this year, in order to prevent the adoption of a GEO on amnesty and pardoning, the leader of PNL said: “I find that to be boundless stupidity. There is a Romanian Constitution. The President takes part in Government meetings in which defence, national security, foreign policy issues are discussed, chairing the meetings in which he takes part. Of course, if there are points on these constitutional prerogatives conferred by the Constitution, the President can take part in the Government meetings, and I’m convinced he will, but he can’t go to each Government meeting, knock on the Government’s door and barge in. I really find this to be a fairly weird and odd proposal.”

Ludovic Orban believes amnesty and pardoning would be a crime.

“For nine months, information on the issuance of an emergency ordinance on amnesty and pardoning has been appearing every week. So far, no such ordinance has been adopted. Adopting such an ordinance would basically take the Romanian Government out of Europe and would generate dramatic consequences for Romania at European level. Nevertheless, I believe the Premier and the members of Government will not be so irresponsible as to issue such a legislative act on the threshold of taking over the presidency of the Council of the European Union. (…) Personally, I can’t believe this Government could commit such a crime against Romania,” he said.

On December 3, USR President Dan Barna asked President Iohannis to take part in all Government meetings in December, in order to prevent the adoption of the Ordinance on amnesty and pardoning. “Adopting the ordinance would mean the end of democracy in Romania,” Barna stated.

 

Senate’s Tariceanu on GEO on Criminal Codes: When I’m informed, I’ll be able to state an opinion

 

Senate Speaker Calin Popescu Tariceanu has stated he has not seen the Government emergency ordinance that the Justice Minister is preparing in order to transpose into the Criminal Codes what is constitutional, and that he will express a point of view when he is informed on the topic.

Asked on Tuesday what would be the urgency of adopting an ordinance on the Criminal Codes, ALDE leader Calin Popescu Tariceanu said: “I haven’t seen the emergency ordinance, we haven’t discussed the topic within the coalition. I don’t discuss hypotheticals.”

Asked whether this topic will be discussed in a ruling coalition meeting, Tariceanu said: “I’m convinced the Justice Minister will let us know his point of view and after that I will tell you”.

 

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