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Former Judge with the Constitutional Court : OUG on the laws of justice is ‘absolutely contrary to the Constitution'
Former Judge with the Constitutional Court (CCR), Augustin Zegrean, says the emergency ordinance on the laws of justice is ‘absolutely contrary to the Constitution’ and does not believe someone will enforce it, as ‘we are not a banana country’. He also argues that the law cannot be enforced retroactively.
“I believe the concerns are useless, the constitution provides that the laws are to be enforced only for the future, except for the more favourable criminal or administrative laws. I do not believe that, based on this ordinance, that the people in positions by the laws in force when the appointment was made, can be forced to leave,” Zegrean said for Digi 24 TV private broadcaster.
He argues that the prosecutors aimed by the ordinance had been appointed based on the legislation and a legal term “will be carried out to the very end, it cannot be released by a consequent law.”
From this point of view, the ordinance is violating the Constitution, he added.
“We have to read it in the spirit of the Constitution, not in the way somebody wants us to. It is an aberration, then we should close down the judiciary system. I do not believe someone will enforce this ordinance, we are not a banana country, this can’t be done,” the former CCR Judge said, adding that for such issues it wasn’t needed an emergency ordinance. “Unfortunately, the only one authorized to stop it is the Ombudsman, to refer it to the Constitutional Court,” he concluded.
This, however, is in doubt. The Senate adopted on Monday, a draft bill to amend the law on Ombudsman organization, providing that the institution’s leadership will receive special pensions, cumulated with the indemnity for the current mandate.
Incumbent Ombudsman, Victor Ciorbea, is on holiday for two weeks, being represented by Magda Stefanescu. USR has announced on Wednesday it would submit a request to the Ombudsman to challenge the emergency ordinance to the CCR.
On Monday, Victor Ciorbea said the Senate decision is justified by the fact that the institution’s leadership is under huge pressure and is overwhelmed by the volume of work. His earnings are estimated to reach about EUR 7,500 per month.
Analysts have said this is the means to make the Ombudsman very reluctant when challenging drafts filed by the political power and that Victor Ciorbea will thus not challenge the Emergency Ordinance to the CCR.