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December 8, 2022

Iohannis notifies CCR over law regarding negotiations for border crossing point with Hungary

President Klaus Iohannis has sent to the Constitutional Court, on Friday, a constitutionality challenge regarding a law by which the Government would start diplomatic negotiations for the conclusion of an agreement with Hungary regarding the opening of the international border crossing point Beba Veche (western Timis County, Romania) – Kubekhaza (Hungary), the head of state deeming that “the initiative of starting negotiations in view of concluding an international treaty in the name of Romania belongs exclusively to the executive power” and, thus, cannot be regulated through law.

“By the law criticized, the Parliament is limiting the power of the Government in manifesting its will regarding a certain matter of foreign policy Thus, the Government is obligated to exercise a certain attribution in the conditions set by Parliament, in the sense of starting or initiating a legal action in the form of official discussions, meaning negotiations, with the purpose of concluding in the future a separate agreement with Hungary that would regard the opening of a crossing point of the state border,” according to the notice sent by the Presidential Administration.

It’s mentioned that according to art. 3, paragraph (4), letter a) of the Convention of April 27, 2004 between Romania and Hungary regarding the control of road and rail border traffic, the governments of the contracting states regulate by separate agreement the establishment or disestablishment of the state border crossing points, the functioning program, the nature of traffic and its modifications.

Furthermore, art. 9, paragraph (1) of Government Emergency Ordinance no. 105/2001 is invoked, according to which the opening of new border crossing points or the temporary or definitive closing of the existing ones is done by decision of the Government. Also, according to art. 102, paragraph (1) of the Constitution, the Government, according to its government program accepted by Parliament, ensures the conduct of internal and external policy of the country and exercises the general leadership of the public administration.

The Presidential Administration added that, in what regards the role of the Government in foreign policy, the jurisprudence of the Constitutional Court has shown for the sense of “in foreign policy it’s rather a technical one, it having to follow and fulfill the obligations that Romania has undertaken” at the level of the state.

The Chamber of Deputies adopted, on May 27, the draft law that provides for the start of diplomatic negotiations by the Government for the conclusion of an agreement with Hungary regarding the opening of the international border crossing point Beba Veche (Romania) – Kubekhaza (Hungary). The draft, initiated by MPs from the Social Democratic Party (PSD) and minorities, was adopted with 306 votes “for”, one “against” and 2 abstentions, Agerpres informs.


Approximately 78,300 persons through border crossing points in past 24 hours


Approximately 78,300 persons, Romanian and foreign nationals, with over 35,000 vehicles (of which 14,900 tractor-trailers), have been through control formalities at the border crossing points at the level of the entire country in the past 24 hours, the General Inspectorate of the Border Police (IGPF) informs on Friday.

According to the IGPF, entering the country were approximately 40,700 persons with 18,200 vehicles, while 37,600 were exiting with around 16,800 vehicles.

The border with Hungary, through the 11 border crossing points, was crossed by approximately 49,100 persons, and 22,300 vehicles (of which 8,000 tractor-trailers), of which 24,700 persons with 12,200 vehicles were entering.

The entry into Romania was denied for 12 foreign citizens, who did not fulfill the conditions of the law, as well as for seven Romanian citizens for various legal reasons.

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