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On Friday, President Klaus Iohannis sent to Parliament, for re-examination, the Law Rejecting the Emergency Ordinance on the Abolition of the Institute of the Romanian Revolution of December 1989. The institute led by former President Ion Iliescu was abolished by the Government of Orban by GEO, GEO and allows the continued operation of the institute.
The president says that “the institute failed to demonstrate its usefulness” and “generated numerous tensions and controversies in public space with its activity.”
Klaus Iohannis’ approach comes after the Orban government attacked in CCR the law that keeps the Institute of the Romanian Revolution open. Constitutional judges have ruled that the institute can continue to function.
We present the full text of the application:
„REQUEST FOR RE-EXAMINATION of the Law for the rejection of the Government Emergency Ordinance no. 91/2019 on the abolition of the Institute of the Romanian Revolution in December 1989
The law sent for promulgation has as its object of regulation the rejection of the Government Emergency Ordinance No. 91/2019, which provides for the abolition of the Institute of the Romanian Revolution of December 1989 and the repeal of Law No. 556/2004 on the creation of this institute.
The Institute of the Romanian Revolution of December 1989 was established on December 17, 2004, as a specialized, autonomous public institution of national interest, with legal personality, financed with its own income and subsidies granted from the state budget, through of the Senate budget. Thus, although this institute functioned as a public institution, partially financed from the state budget, Law no. 556/2004 did not regulate the conditions of integrity in the exercise of the mandate, the way to revoke the members of the management forums, the possibility of renewing the mandate of the institution or the presentation of activity reports to the Senate, institution with which budget was financed the Institute.
According to art. 2 of Law no. 556/2004, the Institute had as its object of activity “the scientific analysis of the premises, development and effects – in the political, economic and social level – of the Romanian Revolution of December 1989, in order to achieve a documented image, objective and complete of this cardinal event in the contemporary history of our country ”. However, during the period in which it functioned, until its abolition by Government Emergency Ordinance No. 91/2019, as of December 31, 2020 – this institution did not act in order to achieve the purpose and mission for which it was established. In addition, the Institute not only failed to demonstrate its usefulness, but also generated, through its activity and against its objective established by law, numerous tensions and controversies in the public space. All these aspects, as well as those related to some deficiencies in the expenditure of public funds, indicate that any approach to maintaining the functioning of this institute would probably affect the very purpose for which it was created, according to the law.
Therefore, we consider that the solution adopted by the Parliament in the sense of rejecting the ordinance of abolition of the Institute of the Romanian Revolution of December 1989 should be re-analyzed, since this institute has demonstrated its ineffectiveness over time. In this sense, we appreciate that the legislative solution to approve GEO by law does not. 91/2019 would be in full agreement with the prerogatives of parliamentary control conferred by the constituent legislator to Parliament, which implies maximum responsibility in the analysis of the activity of said institutions. From this perspective, the decision to remedy the inefficient spending of public funds through the abolition of institutions that do not fulfill the purpose for which they were created is not only an attitude consistent with the role granted to Parliament by the Basic Law, that of highest representative body of the Romanian people, but and proof of the attachment of the parliamentarians, in the exercise of the mandate, to the interests of the citizens, as well as proof of authentic morality.
Compared to the arguments set out above and given the exclusive legislative competence of Parliament, we ask you to re-examine the Law for the rejection of the Government Emergency Ordinance No. 91/2019 on the abolition of the Institute of the Romanian Revolution in December 1989.
THE PRESIDENT OF ROMANIA
KLAUS-WERNER IOHANNIS “
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