[ad_1]
The former president of the Constitutional Court, Augustin Zegrean, says that the amendment voted by the legislators that establishes that the law on the state of alert will take effect immediately and at least 3 days after publication in the Official Gazette, as provided by the Constitution, it is unconstitutional.
“It just came to our attention then. In the Constitution, Article 78 says that the laws come into force 3 days after their publication in the Official Gazette, if there is no later term in the text of the law, so there is no it can be before 3 days. When this text was introduced in the Constitution, it was taken into account that the population should be aware of the existence of the law, “he said on Digi24.
Zegrean explained that the law can be challenged in the Constitutional Court, even if not now, but later.
“You cannot play with it, the rule of law must work in crisis situations, it is the exposition of the Venice Commission, you cannot play with it,” he said.
“For emergency situations, the emergency ordinance was applied, which comes into effect immediately after its publication in the Official Gazette, the law can only enter after 3 days, as written in the Constitution. If they ignore the Constitution, they can do anything, “he added.
Zegrean says that what is happening now, in Parliament, debating the law on alertness is just a “political struggle.”
“There is no concern for anything, care must be for the observance of the Constitution. The rest is poetry. We have Law 24 of 2000 and it says how it is legislated, what are we talking about? This urgency is not justified, today CCR rejected The Ombudsman’s complaint, so today we have a law that regulates the state of alert, is Law 21 of 2004. Why so hasty? We are leaving the state of emergency, but that law also allows certain things, but the law must be read. I don’t know what they want to do, they have to do what the current law allows them to do today. If they want to do what I tell them today, it will be unconstitutional, “he said.
Zegrean added that if fines are imposed under this law next week, it will be challenged in the RCC and will be declared unconstitutional if applied within three days of its publication in the Official Gazette.
