The Constitutional Court of Romania (CCR) established, on Tuesday, that the Parliament’s decision to revoke of Renate Weber from the position of Ombudsman is unconstitutional, sources from CCR specified for AGERPRES.
According to the cited sources, the constitutional judges unanimously admitted the challenge of the Social Democratic Party (PSD).
Parliament decision 36/2021 for the revocation of the Ombudsman is unconstitutional, as the provisions on the principle of legality and the 5-year term of office have been violated, shows the referral submitted by PSD to the Constitutional Court.
According to the document, Parliament’s decision violated the provisions of art. 1 para. (5) regarding the principle of legality and art. 58 para. (1) of the Constitution regarding the 5-year term of office of the Ombudsman.
“Contrary to the guarantees of independence of the Ombudsman underlined by the jurisprudence of the Constitutional Court and provided by European standards, Parliament adopted the decision to revoke the Ombudsman in violation of the Constitution, the independence standards of the institution but also of the provisions in art. (2) of Law No. 35/1997 on the organization and functioning of the Ombudsman institution, republished, as explained in the jurisprudence of the Constitutional Court, using the revocation as a discretionary, political control mechanism, and not as a control of legality with regard to the Ombudsman,” reads the referral.
The signatories of the referral specify that they do not contest the right of Parliament to evaluate the activity of the Ombudsman, but “the constitutionality of this evaluation, in the sense that the evaluation was not an objective one, did not respect the constitutional and legal framework and was not based on cumulative violations of the Constitution and the laws”.
Ciolacu: Ombudsman reinstated upon PSD’s notification to the depair of Citu , Orban, Barna
Social Democratic Party (PSD) Chairman Marcel Ciolacu said on Tuesday that the Ombudsperson had been reinstated, and the Constitutional Court (CCR) unanimously confirmed that the National Liberal Party (PNL) and the Save Romania Union (USR) had committed a horrific abuse and attacked the very essence of the rule of law.
“CCR has confirmed today, unanimously, that PNL and USR have plotted a terrible abuse and have attacked the very essence of the rule of law! Upon the notification of PSD, the Ombudsperson has been reinstated, to the despair of Citu, Orban, Barna and the rest of the cardboard anti-corruption gang. I welcome the decision of the Court to strengthen the position of this institution in defending the rights and freedoms of citizens against abuses of power,” Ciolacu wrote on Facebook.
He adds that he has seen that Ludovic Orban and Dan Barna “have already been continuing the delirium” and want a new procedure to revoke Renate Weber.
“They really don’t have any reason left! They don’t realize that their stupid pride will put Romania in the worst position in front of entire Europe! I order them to give up these suicidal maneuvers, which do enormous harm to the country! I am glad that the Ombudsperson is capable to resume full exercise of her duties. With all the abuses this government is preparing, Renate Weber will have a lot of work to do… I hope she will start with the GEO on cutting child allowances and the GEO on privatising the health sector,” he also said.
President Iohannis: We must see CCR reasoning in Ombudswoman’s removal case. I think procedures need to be refined
President Klaus Iohannis on Tuesday said he was looking forward to see the reasoning of the Constitutional Court in the case of the removal of the Ombudswoman, and underscored in the context that the procedures would probably have to be “refined.”
“Given that the Court’s decision is very recent, I could not tell you on what grounds it was taken. We need to see the reasoning first, but anyway, I am not used to commenting on the CCR decisions, the procedure will probably have to be refined,” the head of state said.