So it begins / Ombudsman challenges in the CCR law banning offenders to lead Romania. “Indignation” for the Presidency: it opens the door for convicts to take decisions

de Mariana Bechir | 8.1.2017 .

victor-ciorbeaSo it begins / Ombudsman challenges in the CCR law banning offenders to lead Romania. “Indignation” for the Presidency: it opens the door for convicts to take decisions

The Ombudsman filed a notice to the CCR, Thursday, on the unconstitutionality of art. 2 of Law 90/2001 that does not allow criminal convicts to hold a minister positions – consequently, it does not allow Liviu Dragnea to be prime minister, neither minister, because of the definitive because of the definitive suspended conviction.

The main reason of the notice: the law would violate the principle of checks and balances of powers in a state.

What the respective article of the law says:

Accession to the Government as a member is open to the persons who have only Romanian citizenship and residence in the country, enjoy the exercise of electoral rights, have no criminal convictions and are not in any of the incompatibility situations stipulated in art. 4 paragraph (1).

Arguments of the notice

  • Lack of legislative consistency, even within the same power of the state – Law for the election of the President (part of the executive power) does not provide for the impossibility to elect a convicted person to this position and for the MPs (legislative power), the mandate is not conditional on this matter unless the court has decided a complementary penalty involving the electoral rights. Firm interdiction exists in the case of magistrates (judicial power)
  • Lack of predictability of the wording ” have no criminal convictions”. It can allow various interpretations
  • Lack of a differential legal treatment – between convicts who committed offenses intentionally and those convicted of negligence, which leads to violating certain civil and political rights. For instance, article 21 section 2 of the Universal Declaration of Human Rights stating that “any person has the right to access, on an equal basis, to the public functions in her country.”
  • Legislation must meet the constitutional principle of checks and balances of powers, and this balance cannot be achieved unless there is a consistent system designed to ensure generally applicable integrity requirements in exercising the functions from these three powers

Presidency’s reaction: It can open the gate to sentenced criminals to lead

Romanian President is outraged by the action of the Ombudsman from this morning, an action having a single beneficiary. Romanian President is surprised by how quickly the Ombudsman is willing to be useful to the new majority,” said Thursday the President’s spokesperson, Madalina Dobrovolschi.

She explained that the efforts of a sentenced person willing to become prime minister are not part of the Ombudsman’s duty.

By this notice in the Constitutional Court, the Ombudsman “can open the gate to sentenced criminals to lead,” she also added.

“Nobody, ever, considered that this criterion of morality is a problem for the political life in Romania” and for 16 years “the Ombudsman has not considered that the text of the law is a matter for civil rights and freedoms”, said the spokesperson of the Romanian Presidency.

Dobrovolschi cited article 58 paragraph 1 of the Constitution which clearly states that the role of the Ombudsman is to “defend the rights and freedoms of natural persons,” and explained that “the efforts of a convicted person to become prime minister falls outside the agenda” belonging to Victor Ciorbea.

Ombudsman Victor Ciorbea: 5 notices in 2016

This is the first notice of unconstitutionality filed to the CCR this year by the Ombudsman and, if accepted, would allow Liviu Dragnea to become prime minister.

Dragnea’s intention to take over this position has been expressed within a statement at the nomination of Sevil Shhaideh:

“According to the usages from us and other civilized countries, I had the right to ask the mandate for me, as PSD won the election. At the same time, I took into account two things: President’s statements and a law currently in force. I do not wish to ask for this function, for now.

During the past year, the institution challenged in the Constitutional Court only five provisions:

March – the Ombudsman notified the Constitutional Court on the exception of unconstitutionality related to the Emergency Ordinance 17/2010 for completing Title XI “Agricultural life annuity” of Law no. 247/2005 on the reform of property and justice, on the grounds that an article has been added contrary to the principle of non-retroactivity of the law. The Ombudsman considered that the person is required, on 5 March 2010, to have a certain conduct, even before the emergency ordinance comes into force, which was not provided for by the existing norm at the time, namely to have filed for obtaining the agricultural life annuity by 31 December 2009, inclusive.

May – the Ombudsman filed a notice to the CCR on the emergency ordinance allowing for a referendum to be organised simultaneously with local elections. The notice followed a request from PSD that was willing to block the referendum on the unification of Sinmartin village with Oradea city.

July – Exception of constitutionality relating to the protection zones existing on both sides of the road safety areas. According to the Government Ordinance 43/1997, republished, they remain under the management of the legal persons or individuals who administer or own them. These owners pay tax at the rate of 100% on the land, although they would hardly be able to use it, and even more, they have certain restrictions in this regard, with high obligations imposed on them, as the owners of the land, which may become onerous. This would harm the lawful private interests of the owners.

November – the Ombudsman filed a noticed to the Constitutional Court on some legal provisions regarding the patient’s electronic health record that do not guarantee enough protection of the right to intimate, family and private life. The Ombudsman considered that the access and use of data from the electronic health record of the patient must be done under maximum security conditions, to preclude dissemination (even accidental) of any personal data that could prejudice a person in any way.

December – the objection of unconstitutionality on a provision of the Tax Code requiring a person who no longer owns a good to pay tax on construction, land or means of transport. This respective provision forces the person who was the owner of that good at 31 December, in the preceding fiscal year, to pay this tax, which the Ombudsman considered to be inadequate and disproportionate to the aim set, as it affects the personal property of the taxpayers.

Important unconstitutional laws that Victor Ciorbea refused to challenge

In 2014, Ciorbea stubbornly refused to challenge the famous Ordinance 55, called the ordinance of migration, which temporarily suspended the sanction on the local elected officials joining a different party than the one with which they had submitted their candidacies and got elected to their position. PSD wanted to recover this way the mayors lost following the dissolution of USL.

The opposition parties, President Traian Basescu and NGOs asked him to challenge the ordinance in the CCR and the US Embassy also showed concern about the timing of issuing such a law (it was before the presidential elections).

NGOs and the opposition even picketed against the institution, but Victor Ciorbea answered to the protests by claiming that the action “particularly refers to the relationship between the public authorities, aspects of the functioning of the constitutional democracy involving an especially political analysis and approach”, which would ask for the institution “to go beyond its position of neutrality and objectivity and involve in partisan controversies.

The emergency ordinance has been declared unconstitutional, but following a notice from PNL. In the short period of its applicability, hundreds of liberal and PDL mayors have transferred to PSD.

Also in 2014, Victor Ciorbea denied the appeal from the civil society, a part of media and the President, to challenge the changes made by the former Minister Sorin Campeanu on the Education Law.

Among the provisions of this ordinance, there were several references to PhDs. For instance, the emergency ordinance included an article providing for the possibility of giving up the title, which would have allowed plagiarists to go without the penalty for the intellectual fraud they committed.

Right after the publication of the ordinance, Victor Ponta sent a statement to the Ministry of Education announcing that he gives up his title. The request remained unanswered as the rules for the application of the ordinance have not been drafted anymore.

A PNL member, Victor Ciorbea was nominated by PSD for the Ombudsman position

Victor Ciorbea was voted for the Ombudsman position in 2014, following the nomination made by PSD, although he was a PNL member at the time.

The liberals did not agree with the nomination and left the plenary hall when the vote took place.

A former union leader in the early 90s, Ciorbea joined politics at the time of the Democratic Convention’s establishment.

He was the mayor of the capital city and prime minister (between 12 December 1996 and 30 March 1998).

In 2011, he was elected chairman of PNTCD, but transferred to PNL following the internal scandals from this party and obtained a parliamentary term in the Senate on the PNL lists, in 2012.

Publicat la data de 8.1.2017 .

Lasa un comentariu


SIMILAR ARTICLES

Adrian N Ionescu

Romania’s capability to respond to major shocks and opportunities puts it in 49th position in KPMG’s global ranking

Romania went up 32 positions, to the 49th position in the ranking by the ability to respond and adapt to major changes or shocks it would face, from the “Change Readiness Index 2017" research published by KPMG on Wednesday Bhutan and Italy have also made comparable progress Romania went up 19 positions in terms of companies’ readiness level, 35 positions in the governmental capacity to ...
Read more »

Marin Pana

Incoherent left-wing /Inequality of income distribution compromises Romania’s perspectives

Romania has joined the European Union with the highest inequality in population incomes among the member states and continues to rank second, according to the data released by Eurostat Instead of being part of the Central European group of former socialist states joining the EU, already aligned with the European practice, our country has teamed up with the BELL group, consisting of Bulgaria ...
Read more »

Victor Bratu

Romanian employees start only on June 6 to work for themselves

In terms of tax framework, Romania attractive in the EU if we look at the tax rates but from the perspective of people who work, things are not favourable compared to the rest of Europe The non-governmental think tank INACO – Initiative for Competitiveness - calculated the day of fiscal freedom - June 6 - for an employee earning the average national wage in 2017 Only starting from June 7 ...
Read more »

Marin Pana

Quality of jobs: EU country where work does not get you out of poverty

"If you work, you do not have time to make money" according to an increasingly popular Romanian saying, confirmed by the data published by Eurostat Data which places us at the top of the EU by the proportion of employed people who are in poverty according to criteria uniformly established internationally Specifically, as a technical definition, it is about those who, although they work, have ...
Read more »

Adrian N Ionescu

“Effect of wealth” increases savings and investment in parallel with consumption

The increase of the available income and the wealth effect induced by that have stimulated not only the consumption but also the saving among the population, as well as personal investments in the last two months Following the increase in the net average wage by 145% in May, year-over-year, consumption sped up again (+ 14% versus + 48% in April) while the amounts the population placed in bank ...
Read more »


NEWS

Eurostat: Romania had second highest budget deficit in EU in Q1 /2017. Reaction of Finance Ministry

Romania’s seasonally adjusted budget deficit was 3.2% of GDP in the first quarter of 2017. It was the second highest budget deficit in the European ... Read more

Government borrows one billion euros to co-finance large infrastructure projects

The Ministry of Finance (MFP) has contracted a loan of one billion euros with the European Investment Bank (EIB) to cover the state budget contribution, ... Read more

A set of measures proposed by AOAR to Government to improve business environment in Romania

After a period when all major business organizations – Romanian and foreign – have rejected the tax experiments especially those proposed by the Mihai Tudose ... Read more

BNR: Romanian public administrations have financial commitments amounting to 45% of GDP

The share of financial commitments by public administrations remained, between 2015 and Q1 2017, at the same level of 45.2% of GDP, according to the ... Read more

National Centre of Financial Information, which will gather tax databases, is established

The National Centre of Financial Information “will be established by 1 September 2017 within the central office of the Ministry of Public Finance, by merging ... Read more

Mugur Isarescu: "Financial education should start with bankers. You complain that population is not educated and just print some little brochures"

BNR Governor Mugur Isarescu accused the banks, for the second time in two months, that their own employees are not sufficiently qualified but complain that ... Read more

Top priority: Prime Minister Mihai Tudose took over Danube Delta in first government meeting

Prime Minister Mihai Tudose moved the Danube Delta from the responsibility of the Ministry of Environment to the General Secretariat of the Government (SGG). The ... Read more

Alin Teodorescu, former PSD deputy: It is known who steals. 1% of budget is drained through 350 companies

Sociologist Alin Teodorescu told at the “In front of you” TV show at Digi24 that the explanation for the large fortunes of some politicians lies ... Read more

Messages from business community to Government: New tax measures show despair. Right solution: reduce evasion

Business representatives in Romania consider that the fiscal measures from the new government program do nothing but change the perception of the European community towards ... Read more

Government reintroduces threshold of 10,000-euro for tax exemption for programmers

As of July 1, it is reintroduced the requirement that the company benefiting from the tax exemption for programmers needs to register revenues exceeding 10,000 ... Read more

Competition Council, unannounced inspection to Gaz Sud - Possible abuse of dominant position

The Competition Council conducted unannounced inspections at Gaz Sud S.A. and its workplaces in Bucharest, Ilfov, Ialomita and Brasov within an investigation of a possible ... Read more

Business Community reacts to government program: We are surprised, measures announced cannot be taken without impact studies

The Coalition for Romania’s Development (CDR) considers that the fiscal-budgetary measures proposed by the new government program – which has a major impact on the ... Read more

Mugur Isarescu – Explicit position: Save and grow SMEs. Economy is unbalanced. National currency "is where it should"

The Governor of the National Bank of Romania, Mugur Isarescu (foto), has launched harsh allegations against the policy of encouraging consumption, which has unbalanced the ... Read more

ANAF arms itself: Starting Friday, June 23, electronic garnishment system is functional

The National Agency for Fiscal Administration announces on Friday that “electronic garnishment” – the system for communicating the enforcement documents to credit institutions by electronic ... Read more

Romania still has time until November to persuade EU about hosting European Medicines Agency

Current headquarters of the European Medicines Agency The decision on the relocation of the European Banking Authority and the European Medicines Agency from London has ... Read more

Uzina Moreni and Rheinmetall signed documents for establishing joint venture to produce armored conveyors

Prototype previously produced at Uzina Moreni The Ministry of Economy announced on Thursday that Uzina Automecanica Moreni and the German military technology provider Rheinmetall signed ... Read more

Siegfried Muresan has detailed 2018 EU draft budget in Bucharest. Second tier MFP personnel seems to not understand European funds stake

MEP Siegfried Muresan (photo) acknowledged on Friday in Bucharest that member states had an unexpectedly difficult start in accessing the European funding under the new ... Read more

Political crisis /Leu-euro exchange rate, at lowest average since referendum to dismiss Traian Basescu

The National Bank of Romania (BNR) announced an average rate of 4.5872 lei on Thursday, following the sharp depreciation in the first part of the ... Read more

Investments in economy in Q1 2017 - below 2013 level. Issue: Diversion of growth from production to consumption

  In the first quarter of 2017, the net investments in the national economy amounted to 12,836.9 million lei, representing a decrease of 3.1% compared ... Read more

Official proposal: Below 90,000 euros, abuse of office is not a criminal offense

Florin Iordache’s views have been fought also in the past PSD Deputy Florin Iordache, former Justice Minister, said on Thursday that the 200,000-lei threshold for ... Read more

All Romanian commercial attachés from abroad have been convened back to country for an analysis of activity

Alexandru Petrescu, Minister for Business Environment The Ministry for Business Environment, Commerce and Entrepreneurship has asked Romania’s commercial attachés from Romanian embassies to come to ... Read more

"Ciolos amendments" to "Dragnea unitary pay law": Wage pay game or how to deceive 1 million people without even blinking

The evolution of the draft unitary pay law on wages for employees from the public sector and the final version of the law passed by ... Read more

Unitary pay law for state employees - approved by Chamber of Deputies. Increases are postponed - final version

A vote. (Photo: Agerpres) The Chamber of Deputies adopted on Wednesday the bill on pay law with 188 votes in favour, 28 against and 47 ... Read more

EY European attractiveness survey: Romania, 4th in European ranking of new jobs created in 2016 by foreign investments

Romania ranks 12th in the European Top foreign investment by the number of projects started in 2016 and fourth by the number of jobs created ... Read more

CNP: Dazzling rates of economic growth at country regions level for next years. Over 6% annually, in North-East and Centre regions

The Bucharest-Ilfov region will continue to have the highest net monthly average wage per employee in the next four years but will register the lowest growth ... Read more