CCR publishes motivation for unconstitutional elimination of parliamentarians' pensions: Acted with "impetuousness" and "haste"

The Romanian Constitutional Court has published the motivation of the decision of unconstitutionality regarding the law on the elimination of special pensions for parliamentarians. Constitutional judges argued that MPs had acted “impetuously” and “hastily” in passing the law, although no urgent debate had been called for, stressing that clear rules on the legislative procedure were a guarantee against abuse of power. power of the majority.

CCR published on Friday the motivation of the decision of May 5, which established that the Law on the Elimination of Special Pensions – Law 7/2021 amending Law 96/2006 on the Statute of Deputies and Senators is unconstitutional.

During the CCR debates, Judge Daniel Morar left the courtroom and refused to participate in further discussions.

The Constitutional Court explains in the motivation that, in February 2021, the plenary of the Parliament debated and adopted in one day the law on the elimination of special pensions for parliamentarians, without the debate being held in the emergency procedure in the plenary of the reunited Chambers.

“Therefore, it can be stated that, under the conditions of a common procedure, a law cannot be adopted within one day, as happened in the present case. (…) The limitation / restriction of the terms provided by the regulation affects the real debate of the legislative initiative, being, thus, brought into discussion aspects regarding the tabling of amendments, as well as the good knowledge of the content and implications of the voted law. The shortening of the deadlines can only be achieved by approving the emergency procedure. (…) In the present case, the Court notes that the criticized law was not adopted by the urgency procedure. In the event that its adoption was approved through the emergency procedure, of course, the deadlines could be greatly shortened. In other words, the law was adopted with the removal of the regulatory provisions regarding the way in which the general / common procedure of adopting the laws is carried out since the whole procedure lasted exactly one day ”, it is shown in the motivation of CCR.

“The impetuousness and haste with which it was acted (setting up the standing commission to draw up the report at the meeting of 17 February 2021, meeting of 17 February 2021) amply demonstrates that the procedure for adopting the law was an urgent one, without such a procedure having been requested / approved. (…) The establishment of clear rules regarding the legislative procedure, including at the level of the Basic Law, and the observance of the rules thus established constitute a guarantee against the abuse of power of the parliamentary majority, therefore, a guarantee of democracy “, argues CCR.

The motivation of the JRC decision regarding can be read in full here: Reasons for Decision CCR 261 2022

In February 2021, the Plenary Session of Parliament repealed the special pensions of senators and deputies.

More than 70 former parliamentarians have been sued by the Parliament, the courts notifying the RCC regarding the unconstitutionality of Law 7/2021 amending Law 96/2006 on the Statute of Deputies and Senators.

The exceptions of unconstitutionality were transmitted from courts from all over the country, respectively the Arad Tribunal, Alba, Bistriţa-Năsăud, Cluj, Hunedoara, Ialomiţa, Ilfov, Maramureş, Sălaj, Suceava, Timiş and the Timişoara Court of Appeal.

Editor: BP

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