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Constitutional Court partially admitted notifications on Criminal Procedure Code
The notifications in connection with the draft law for the amendment of the Criminal Procedure Code (CCP) as well as for the amendment of the judicial organisation Law, lodged by the Supreme Court (High Court of Cassation and Justice, ICCJ), the National Liberal Party (PNL), the Save Romania Union (USR) and by President Klaus Iohannis were admitted on Friday by the Constitutional Court of Romania (CCR), a release by the CCR informs.
In an official press release, the Constitutional Court announced it had tracked down 64 unconstitutional provisions in the law that is amending the Criminal Procedure Code, while other 31 ones are constitutional.
Given the object of the notifications above-mentioned, the CCR decided to connect them all.
After deliberations, the CCR, in reference to the criticism of extrinsic unconstitutionality, decided to reject unanimously the criticism referring to the violation of the two-chamber principle and the right to legislative initiative, as well as the criticism regarding the Art. 1 Paragraph (5) of the Constitution corroborated with Art. 69 Paragraph (2) of the Regulation of the Chamber of Deputies.
As for the criticism of intrinsic unconstitutionality, the CCR admitted also unanimously the objection and found that over 60 provisions in the law for the modification and completion of Law no. 135/2010 on the Criminal Procedure Code as well as for the modification and completion of the Law no. 304/2004 on the judicial organisation, are unconstitutional.
On the other side, also unanimously the CCR repealed the objection and found that the other criticised provisions, are constitutional.
"The decision is final and generally mandatory and it is communicated to the President of Romania, to the heads of the two chambers of the Parliament, to the Prime minister and to the High Court of Cassation and Justice. The arguments held in motivating the solutions pronounced by the CCR plenary sitting will be displayed in the decision, that is to be published in the Official Gazette of Romania, Part I," the CCR release concludes.
Gov't scheduled for Monday morning a GEO on justice laws
Foreign Minister Teodor Melescanu has announced in Parliament on Friday that a Government sitting to adopt the emergency ordinance on the justice laws will take place, „on principle”, on Monday 9 a.m., before PM Dancila leaves for a tour abroad.
The leader of the Social Democrat senators Serban Nicolae said on Thursday that the Government is the one that should amend the justice laws through an emergency ordinance in maximum three days after the amendments on the Magistrates Statute have been published in the Official Gazette.