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Constitutional Court defers again ruling on article forbidding convicted persons to be gov't members

The Constitutional Court of Romania (CCR) on Tuesday put off again till 27 April the decision on the Ombudsman's notification regarding the article that forbids convicted persons to be members of the government, judicial sources said.

Also Tuesday, say the sources, the CCR plenary sitting decided that the decisions made by the Court's justices shall be made public by press releases only.

On 21 March, the Court has deferred to 4 April the decision on the Ombudsman's notification, after the justices couldn't come to a solution. On 7 March, too the CCR magistrates have decided to postpone a decision on the same matter, on ground that they need to take a deeper look at the case.

"It is the hardest solution we have ever had to deliver so far, because the matters are mainly of political consideration," CCR President Valer Dorneanu said in March.

On 5 January, the Ombudsman announced having notified the CCR upon the exception of unconstitutionality of the provisions of Article 2 of the Law 90/2001 regarding the organisation and functioning of the government and ministries, according to which the persons who have never had criminal convictions and are not in a situation of incompatibility, can be members of the Executive.

According to the Ombudsman, "the provisions of Art. 2 of the Law 90/2001 breach the principle of the balance of powers in the state, do not meet the constitutional criteria of predictability and proportionality of the law and do not allow the recognition of the right to difference in holding, under circumstances of equality and with no unreasonable restrictions, a position that involves the exercising of the state authority."