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The Constitutional Court (CCR) established, in the motivation of the decision by which it confirms the constitutional nature of the law that establishes that the Legislative Power establishes the date of the parliamentary elections, that the government’s decision by which That date has already been set for December 6. the entry into force of this normative act. The reason for the decision was published in the Official Gazette on Thursday, October 15.
The CRC’s decision was taken by majority vote. The only separate reasoned opinion is that of Judge Daniel Morar. However, sources within the institution revealed to STIRIPESURSE.RO that Morar was not the only judge who voted against the majority opinion. The decision was made with 6 votes in favor and 3 against. The two judges appointed by Klaus Iohannis to the Court also voted against: Livia Stanciu and Simina Tănăsescu. The two judges did not write a separate opinion, nor did they adhere to Daniel Morar’s separate opinion.
Such a situation is rare in the ICR, where any position contrary to the majority is usually argued over dozens of pages. The situation of the two minority judges is not a surprise, but the refusal to write a motivation this time is, according to some CCR sources, an indication that their decision was not based on legal arguments.
The rower Ludovic Orban launched a new attack on the Romanian Constitutional Court (CCR) on Thursday afternoon, about which he said he makes decisions “that have nothing to do with the Constitution and democracy.” “You have to get rid of the police,” Orban said. “The decision of the CCR seems to me abracadabrante, it seems to me a flagrant violation of the Constitution by the body that should be the guardian of the Constitution. I do something like this … Something has to be changed, it can’t be done like this anymore … The composition of the Constitutional Court has to be changed, politicians have to be removed from there, appointed there to respond to political orders. Many of these decisions go against the fundamental interests of Romania, ”said the prime minister, on Digi24.
Orban’s wish can only come true if the Constitution is changed. In fact, even today, five of the nine judges of the Court are former high-ranking magistrates (Mona Pivniceru, Livia Stanciu, Daniel Morar, Cristian Deliorga, Gheorghe Stan). Three judges are former parliamentarians (Valer Dorneanu, Marian Enache – PSD and Attila Varga – UDMR) and one judge is a professor of constitutional law (Simina Tănăsescu).
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