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According to the draft, the RCC must decide on the constitutionality of the laws, within 45 days of receiving the request.
The NLP announced on Tuesday the presentation in Parliament of the first bill in the new legislature.
It is a project of the deputy of Iasi Alexandru Kocsis, in his first term.
The normative act foresees the imposition of clear deadlines to the judges of the Constitutional Court (CCR) in the resolution of the cases that have as object the control of constitutionality.
“Law 47/1992 on the organization and operation of the Constitutional Court contains provisions that may give rise to an indefinite postponement of the resolution of bills approved by Parliament. Therefore, paragraph 2 of article 16 of the law does not establish no deadline to schedule debates on bills. law: If the notification was made by the President of Romania, by the parliamentarians, by the High Court of Cassation and Justice or by the People’s Advocate, the Constitutional Court will communicate it, within 24 hours after registration, to the presidents of the two Houses of Parliament and of Government. the date of the discussions. In practice, these provisions have led to repeated postponements, “said the initiator of the bill.
According to him, although the Parliament voted the Law on the taxation of special pensions on June 17, 2020, on December 8, that is, after 6 months, the RCC decided to postpone the fourth postponement.
“The decision was only made on December 15, since the Government needed to know it when allocating amounts for special pensions in the budget for 2021. The previous law on the matter, which provided for the elimination of special pensions, was voted by Parliament on January 28, 2020 and declared unconstitutional only on May 23. In short, in one year, Parliament could not have a clear decision regarding special pensions, due to the repeated postponements decided by the RCC, ”the deputy also transmitted.
According to him, another regulation aims to pronounce the CCR, once the file has entered the role.
“Therefore, in accordance with article 57: If the Constitutional Court remains in the ruling, the president announces the fixed day. The postponement of the sentence will not exceed, as a general rule, 30 days.“.
The existence of the formula usually resulted in repeated postponements, if we list the terms in the same special pension case: July 14, September 30, November 4, December 8. On the other hand, Parliament has a single, clear and relatively short term in relation to the Constitutional Court – 45 days, ”the liberal deputy also transmitted.
“This 45-day period is taken from the Constitution and I consider that it should serve as a reference for the introduction of some terms and for the Constitutional Court.
Therefore, I propose as a solution the introduction of a provision according to which the RCC has 45 days to decide whether a law is constitutional or not. I specify that according to the balance of the CCR of 2019, the institution had 42 pending files in relation to the control of the constitutionality of the laws that were carried out before the promulgation.
I believe that it is possible to quickly resolve these files, in a spirit of good collaboration between state institutions, to streamline the legislative process and allow the Executive to know in advance the budgetary expenses, ”Alexandru Kocsis also stated.
He considers that “it is a successful initiative, destined to put an end to a discretionary approach, perhaps even abusive, that the CCR judges have had over time in the resolution of cases of great interest to the public.”
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