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President Basescu promulgated the law regarding facilities for the privatisation of Petromidia SA Constanta

According to a press conference of the Presidency, the head of state signed on Friday ‘ The decree for the promulgation of the law regarding the emergency ordnance of the government no.248-2000 for the amendment of the emergency ordnance no64-1998 regarding the facilities for the payment of the shares and the payment of budgetary obligations with the purpose of privatising the commercial society ‘Petromedia’ –SA Constanta.


The Constitutional Court rejected on Wednesday as inadmissible the intimation of president Traian Basescu regarding the tardiness of the approval for this document. In the intimation it was mentioned that the law was not constitutional as it breaks the provisions of art.1 (5) and art.16 (1) of the fundamental law, mentioning that initially OUG 64-1998 included the possibility of offering the facilities ‘ to pay the price of shares and the payment of some budgetary debts, facilities which will be established through derogation from the provisions chapter III in the emergency ordnance of the government no 88-1997, approved through law no.44-1998, of chapter V of the government ordnance no11-1996, approved and modified through law no.108-1996, with amendments and further completions and of OUG no.72-1997 in a mandate offered by the government to the Fondul proprietatea’. On 21 March 2011, president Traian Basescu sent again to the parliament the law for the approval of OUG regarding the offering of facilities for the privatisation Petromidia SA Constanta, requesting the rejection as the ordnance has already produced its judicial effects through the signature of the privatisation contract.



This regulation had as purpose the transfer of the right of property on the package of shares representing 69.991 percent of the social capital of SC Petromedia SA Constanta to the investor with whom Fondul Proprietatea negociated and signed the selling-buying contracts for the respective shares. As the emergency ordnance of the government 248-2000 produced already its judicial effects by the signature of the privatisation contract of SC Petromidia Sa Constanta we consider the approval of this by law no longer necessay. Taking into consideration the legislative competence of the parliament, we require the re-examination of the law sent to be promulgated, in the sense of rejecting the emergency ordnance 248-2000 taking into consideration the respective reasons’ the presidency explains in the press release with regard to the sending for examination of the law.However, the law for the approval was adopted by the senate, so that the presidency sent it to the constitutional court to decide on its constitutionality.



Monday, October 1, 2012