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The Constitutional Court discussed, on Wednesday, the notification of the Ombudsman about the government emergency ordinance that regulates the state of alert.
The notification raises an unconstitutionality exception with respect to Emergency Ordinance no. 21/2004 on the National Emergency Management System.
The Ombudsman, Renate Weber, says that the bill sent by the Government to Parliament has two problems, the same ones that the Ordinance has: there is no definition of the state of alert and a time limit for it.
“This is a situation that we have never encountered before because we are really in the following situation: tomorrow, the Constitutional Court has before us the notification that we sent a week ago regarding Ordinance 21 of 2004 regulating the state of alert. I announced that I sent this notification, so I knew it would be analyzed anyway, today I sat all day and looked at what came to mind, I have no way of knowing which form the Senate voted for today, but I also looked at the draft version sent by the Government and the amendments that came in such waves, there were, in fact, many amendments and, in my opinion, without knowing the result of the Senate vote, that is, the form that the Senate left, but in my opinion, these Amendments worked very well, “said Renate Weber.
According to the Ombudsman, the delegation of legislative powers to administrative authorities in order to restrict the exercise of fundamental rights or freedoms violates the principle of separation of powers, as well as the constitutional provisions according to which Parliament is the only authority legislative.
“Default Alert Status Definition”
“The Ombudsman considers that the Government Emergency Ordinance No. 21/2004, with subsequent amendments and terminations, does not respect the principle of predictability of the law due to the faulty definition of the” state of alert “which, since it does not have constitutional consecration, presupposes a detailed circumstance, at the infra-constitutional level, of the cases in which it can be declared.In reality, the law only stipulates that any measure can be taken by the administrative bodies, including the restriction of the exercise of certain rights, although art 53 of the Constitution clearly establishes that this can only be done by law.In the absence of a term for which the state of alert can be ordered, in addition, the regulation of the possibility of its extension by administrative act, the hypothesis is reached. that the temporary restriction on the exercise of some fundamental rights and freedoms acquires the character of a permanent restriction. or, which is contrary to art. 53 par. (2) of the Constitution ”, explains the Ombudsman.
According to the aforementioned source, the Parliament and, by legislative delegation, under the conditions of article 115 of the Constitution, the Government has the power to establish, modify and repeal the legal norms of general application.
The public administration authorities do not have that competence, their mission is to guarantee the execution of the laws.
On Wednesday, the RCC public hearing begins at 9:00 am, will take place in a videoconference system and will be broadcast live on the institution’s website.
Government prepares “legal response”
On Monday, at the government meeting, Prime Minister Ludovic Orban asked Interior Minister Marcel Vela to prepare “a legal, constitutional and factual response” in the event of a decision by the Constitutional Court.
“Here we must be prepared for any changes that are necessary to be able to give the legal, constitutional and objective response so that we have a very clear regulatory framework regarding the activity of CNSSU and other entities within the state of alert,” said Orban.
The Interior Minister specified that on Thursday he will present the “approximation formula”.
Previously, Prime Minister Ludovic Orban announced that, if the Court declares the state of alert legislation unconstitutional, the Government will issue an emergency ordinance “giving the Romanian authorities the necessary tools to protect the life and health of the Romanian citizens. “
