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President Klaus Iohannis questioned in the CCR the amendment to the national education law, adopted by Parliament, which provides the possibility of organizing online courses in pre-university and university education, during the state of emergency or siege.
„Due to the way it was adopted, the law deduced from the constitutional control contradicts the provisions of art. 61 par. (2) and art. 75 for. (1) of the Constitution, deviating the will of the initiators, against the principle of bicameralism developed in the jurisprudence of the Constitutional Court. In addition, the criticized law violates the provisions of art. 78 of the Constitution on the entry into force of the law, “is shown in the notification of unconstitutionality.
The normative act, in the form sent for its promulgation, completes the National Education Law, in order to create the normative framework based on which pre-university and university education activities can be carried out online. Under the project, teaching activities and pre-university and university education and research final exams may be conducted online during a state of emergency or siege.
The President affirms, in the unconstitutionality notification, that the law was completely amended in the Senate, the decision-making chamber, compared to the variant tacitly adopted by the Chamber of Deputies.
“According to the explanatory memorandum of the initiators, the legislative proposal aims to regulate the expression of the evaluation results, as follows: at the level of the fundamental cycle of acquisitions (preparatory class, class I and class II) by the level reached, with respect to the degree of acquisition of skills: to eliminate the pressure of the qualification on the students / parents; at the level of 3rd and 4th grade up to 1st to 10th grade (to familiarize young students of the school with specific details of the assessment in the gym cycle); in high school and in non-university tertiary education, by grades 1 to 10 or by scores, similar to international exams.
On the occasion of the approval of the law criticized by the Chamber of decision-making, the Senate abandoned the amendments adopted by the Chamber of Deputies and introduced five other new articles in Law no. 1/2011, with a completely different regulatory purpose from that considered by the initiators and implicitly from that adopted by the first Chamber. Basically, a completely different regulation was adopted in the Decision-making Chamber, a new regulatory framework was created based on which pre-university and university education activities can be carried out and online, in the situation in which the state of emergency or the state of siege is established in accordance with the constitutional provisions. This was done with the effect of eliminating the intention of the initiator to legislate how to express the results of the school evaluation, virtually eliminating in the debates in this Chamber all the form of law approved by the first notified Chamber, “the complaint of unconstitutionality.
Publisher: Robert Kiss
