[ad_1]
Several articles in GEO 1/1999 on the state of emergency and GEO 32/2020 that modify the first cited document are unconstitutional because “the president can legislate in areas for which the Basic Law requires the intervention of the main legislator”, says the Defender from town.
The Ombudsman attacks in the CCR the Emergency Ordinance on the state of emergency
“The requirements of the rule of law require that the legal guarantees of the rights provided by the Constitution for the benefit of citizens be used in accordance with the purpose for which they were established,” said the Ombudsman.
The Ombudsman notified the Constitutional Court with the exception of unconstitutionality with respect to the provisions of art. 9, art. 14 lit. c1) – f) and art. 28 of the Government Emergency Ordinance no. 1/1999 on the state of siege and the state of emergency, with subsequent modifications and terminations, and the Government Emergency Ordinance no. 34/2020 for the amendment and termination of the Emergency Government Ordinance no. 1/1999 on the state of siege and the state of emergency, as a whole.
„The provisions of art. 14 lit. c1) – f) of the Government Emergency Ordinance no. 1/1999 are unconstitutional, since they allow the President of Romania to legislate in areas for which the Basic Law requires the intervention of the primary legislator or the delegate by modifying some organic laws and effectively restricting the exercise of human rights “, explains the Ombudsman.
More precisely, the Ombudsman considers that if the constituent legislator had considered that, by decree, as a normative administrative act, the President can legislate during a state of emergency or siege, he would have expressly provided a type of legislative delegation, as regulated in the case of the other executive authority, the Government.
Within the analysis of the aforementioned legal texts, the Ombudsman considers that art. 28 of the Government Emergency Ordinance no. 1/1999, with subsequent amendments and terminations, is formulated in such a general way that the legal norms totally lack predictability and clarity, which determines the impossibility of the addressee of the law, that is, the person who would violate the provisions of art . 9 of Government Emergency Ordinance no. 1/1999, to establish the conduct to follow, in the absence of a rigorous description of a misdemeanor.
For the most important news of the day, broadcast in real time and presented in an equidistant way, I LIKE our Facebook page!
If you liked this article, follow MEDIAFAX.RO on FACEBOOK »
The content of the www.mediafax.ro website is exclusively for your personal information and use. it is Prohibited republish the content of this site in the absence of a MEDIAFAX agreement. To obtain this agreement, contact us at [email protected].
[ad_2]
