I. At its hearing of 2 November 2023, the Constitutional Court, in the context of the a priori constitutional review, unanimously, upheld the objection of unconstitutionality raised by the Deputies belonging to the Save Romania Union Parliamentary Group and non-affiliated Deputies and found that the Law on the approval of the Government Ordinance No 150/2022 amending and supplementing Law No 95/2006 on healthcare reform and Law No 151/2010 on specialized integrated health, education and social services for people with autism spectrum disorders and associated mental disorders, as well as establishing certain measures in the field of health was unconstitutional in its entirety.
In essence, the Court held that the law was adopted in violation of the principle of bicameralism, enshrined in Article 61 (2) and Article 75 of the Constitution, since, on the one hand, there are major differences in legal content between the forms subject to debate to the two Chambers of Parliament and, implicitly, a significantly different configuration of the law from the form envisaged by the Reflection Chamber, and, on the other hand, there is a deviation from the objective pursued by the initiator of the draft law, consisting of ensuring immediate and non-discriminatory access to services related to the medical act of patients with autism spectrum disorders and associated mental health disorders.
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The decision is final and generally binding.
The arguments retained as grounds for the solution delivered by the Constitutional Court shall be presented within the decision, which shall be published in the Official Gazette of Romania, Part I.
II. At the same hearing, the Constitutional Court also postponed for 28th November 2023:
– the objection of unconstitutionality regarding the unconstitutionality of the provisions of Article 15 (1) and (3) with reference to the phrase “general assembly” and of Article 33 (3) and (4) of the Youth Law, objection formulated by the People’s Advocate;
– the objection of unconstitutionality of the Law for amending and supplementing the Government Ordinance No 27/2011 on road transport, objection formulated by a number of 43 Deputies belonging to the Save Romania Union Parliamentary Group and 13 non-affiliated Deputies.
External Relations, Press and Protocol Department of the Constitutional Court of Romania