Minister of Internal Affairs Carmen Dan said on Tuesday that President Iohannis’ action against the Social Democratic Party (PSD) affects police officers “who are and must remain outside of political games,” referring to the unconstitutionality notification of the head of state on the Law for the amendment and completion of some pieces of legislations in the field of public order and safety.
Carmen Dan said that the effects of the constant blocking by President Klaus Iohannis of any demarche without legal grounds affect Romanians.
“Yesterday you added another refusal to the collection of such gestures with which you have accustomed us lately. But this time, your action against PSD affects the police, who are and must remain outside of political games. What kind of president of country is the one that dares to play with national security? How can one get to politicising the Police activity? The law on the police officer’s authority has been in public debate for more than a year and a half, probably the most widely debated issue. Professional organizations, NGOs and the civil society have contributed to this law. Police officers’ unions have also been very involved in the wording of this draft and I expect them to react to this blocking of the legislative demarche,” Carmen Dan wrote on Facebook.
Carmen Dan said the final vote in Parliament “was eloquent” with 190 votes in favour of the 192 MPs present.
Minister Dan added that she would have wanted the president to also be concerned about the Romanian Police when police officers were “killed in cold blood while on mission.”
President Iohannis notifies CCR about law amending pieces of legislation in public order and safety
President Klaus Iohannis Monday sent to the Constitutional Court of Romania (CCR) a notification of unconstitutionality on the Law for the amendment and addition of certain pieces of legislation in public order and safety.
The president specifies in the unconstitutionality notification, that the law was adopted without the Supreme Council for National Defence (CSAT)’s opinion having been requested.
Klaus Iohannis mentions that measures for preventing and combating terrorism are among the main duties of the Romanian Police.
“The regulation as the main attribution of enforcing “measures to prevent and combat terrorism” by an authority of the central public administration, the Romanian Police, a demilitarized structure subordinated to the Ministry of Internal Affairs, qualifies this structure as a “state body with duties in national security.” Or, under these circumstances, the adoption of a piece of legislation that aims the organization and functioning of an institution with powers in the field of national security, without the approval of the CSAT, violates the advisory competence and the role provided for by Article 119 of the Constitution of this constitutional authority,” the president said.
Moreover, according to the cited source, this law introduces a number of cases in which the policeman is entitled to enter “in any way in a home or any delimited space that belongs or is used by a natural or legal person, without their consent or that of the legal representative, in order to: (…) (d) catch the perpetrator of acts of terrorism, if there is evidence that he/she is in that area.”
Iohannis states in the notification that the law was adopted by the Senate by exceeding the constitutional term of tacit adoption, with the consequence of violating the principle of bicameralism.
The president also criticises the provision by which the police officer has the right to legitimize and establish the identity of the person in a situation where “he/she violates the legal provisions, or there are reasons for believing that he/she is preparing or has committed an illegal deed,” the president asserting that the phrase “plausible reasons” is not defined in the amendments to the piece of legislation, contrary to the legislative technique requirements, being unclear, depriving the rule of precision and clarity, contrary to the Constitution.
President Iohannis also criticizes the provisions regulating that the police officer has the right to take a person to the police station when “because of the behavior, the place, the moment, the circumstances or the property on that person creates plausible reasons for believing that he/she is preparing or has committed an illegal deed,” and according to article 324 paragraph (1) letter d) another reason that allows the police officer to take a person to the police headquarters is the case in which “taking legal action on the spot could pose a threat to him/her or to public order.”
“Considering that such a measure is a restriction of the exercise of individual liberty, we consider that the general way of wording these cases is one that lacks clarity and precision, being liable to violate the requirements set forth in Article 53 of the Constitution on restricting the exercise of certain rights or freedoms, as they have been developed in the Constitutional Court’s jurisprudence,” he points out.
The president considers that the use of electro-shock devices by the police officer is a disproportionate measure in relation to his/her purpose by reference to the Constitution, given the effects such means may have on the physical integrity of the persons concerned.
In this context, Klaus Iohannis calls on CCR to admit the unconstitutionality notification and to find that the Law for the amendment and completion of certain pieces of legislation in the field of public order and safety is unconstitutional.