[ad_1]
The first bill in the new Parliament was presented by a liberal deputy and aims to establish clear deadlines within which the Constitutional Court must rule on the constitutionality of the notified acts. Specifically, the draft stipulates that the RCC must make a decision within 45 days of receiving the request.
The bill was introduced by the NLP deputy of Iaşi Alexandru Kocsis, being the first in the new legislature, announced NLP.
The legislative initiative provides for the imposition of clear deadlines to the judges of the Constitutional Court to resolve the cases that have as their 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 sentence on the bills approved by Parliament. Thus, paragraph 2 of article 16 of the law does not establish any deadline to schedule debates on bills: “If the notification was made by the President of Romania, the parliamentarians, the High Court of Cassation and Justice or the People’s Advocate, the Constitutional Court will notify it, within 24 hours after the inscription, to the presidents of the two Houses of Parliament and of the Government, also specifying the date on which the debates will take place. In practice, these provisions have caused repeated postponements ”, transmitted the initiator of the bill.
According to him, although 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.
“The decision was only made on December 15, since the Government needed to know in advance what amounts to allocate for special pensions in the 2021 budget. 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 on special pensions, due to the repeated postponements decided by the RCC ”, the deputy also transmitted.
According to him, another regulation aims to pronounce the RCC once the case has entered the registry.
Thus, in accordance with article 57: “If the Constitutional Court remains in the ruling, the President will announce the date set for it. The postponement of the pronouncement will not exceed, as a general rule, 30 days “”. The existence of the formula “as a general rule” has given rise to repeated postponements, if we enumerate the terms in the same case of special pensions: 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 regarding the control of constitutionality of the laws carried out before the promulgation. I believe that it is possible to quickly resolve these files, in the spirit of a good collaboration between the state institutions, to speed up the legislative process and allow the Executive to know in advance the budgetary expenses ”, Alexandru Kocsis also affirmed.
