I. On 18 November 2020, the Plenum of the Constitutional Court, by a majority vote, issued the following decisions:
1. It upheld the objection of unconstitutionality filed by a number of 87 Deputies belonging to the parliamentary groups of the Save Romania Union, the National Liberal Party, the Popular Movement Party and by unaffiliated Deputies, as well as by the Romanian Government and found that the Law amending and supplementing Article 435 of Law No 227/2015 on the Fiscal Code was unconstitutional, as a whole.
2. It upheld the objection of unconstitutionality filed by the People’s Advocate and found that the Law amending and supplementing Law No 160/1998 for the organization and exercise of the profession of veterinarian was unconstitutional, as a whole.
3. It dismissed, as groundless, the referrals of unconstitutionality concerning By-Law No 29/2020 of the Romanian Parliament regarding the appointment of Mr Florin Iordache as President of the Legislative Council, referrals filed by the leader of the Parliamentary Group of the Save Romania Party of the Chamber of Deputies and, respectively, by the leader of the Parliamentary Group of the National Liberal Party of the Chamber of Deputies;
4. It dismissed, as groundless, the referral of unconstitutionality concerning By-Law No 30/2020 of the Romanian Parliament regarding the appointment of Mr George Edward Dircă as President of the Section of Official Record of Legislation and Documentation of the Legislative Council, referral filed by the leader of the Parliamentary Group of the Save Romania Party of the Chamber of Deputies.
In order to deliver the above-mentioned dismissal solutions, the Court held, in essence, that By-Laws Nos 29/2020 and 30/2020 of the Romanian Parliament had been adopted in compliance with Article 76 (2) of the Constitution and with the unitary practice in this field of the Constitutional Court, respectively with the vote of the majority (simple) of MPs present.
With regard to the pleas of unconstitutionality brought to By-Law No 29/2020 of the Romanian Parliament, the Court noted that, in accordance with its settled case-law, it was not competent to verify the fulfilment of the subjective condition regarding good professional reputation, this exclusive and discretionary competence belonging to the public authority holding the appointment prerogative. Moreover, the Court noted that the procedure for appointing the President of the Legislative Council included only two stages: the date of adoption of the appointment by-law and the date of taking the oath before the Presidents of the two Chambers. Therefore, any incompatibility of the person appointed to the said position must cease at the time of taking the oath, a date which also marks the taking over of the respective position and of the prerogatives related to it.
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The arguments retained as grounds for the solutions delivered by the Plenum of the Constitutional Court shall be presented in the decisions, which are final and generally binding, to be published in the Official Gazette of Romania, Part I.
II. During the same sitting, the Court ordered the postponement of the following referrals of unconstitutionality:
– for 25 November 2020, the objection of unconstitutionality of the Law amending and supplementing Law No 337/2007 on the Chambers of Commerce of Romania, objection filed by 51 Deputies belonging to the Parliamentary Group of the Save Romania Union, the Parliamentary Group of the Hungarian Democratic Union of Romania, as well as by unaffiliated Deputies;
– for 9 December 2020:
– the objection of unconstitutionality of the Law for the protection of consumers against excessive interest rates, referral filed by Deputies belonging to the Parliamentary Group of the National Liberal Party;
– the objection of unconstitutionality of the provisions of the Law approving Government Emergency Ordinance No 31/2020 supplementing Government Emergency Ordinance No 77/2011 on the establishment of a contribution to finance health expenditure, referral filed by the Romanian Government;
– the objection of unconstitutionality of the Law amending Article 7 of the National Education Law No 1/2011, referral filed by the President of Romania.
– for 16 December 2020, the objection of unconstitutionality of the provisions of Article I (1) [with reference to Article 11 (2), (3) and (5)], Article I (2) [with reference to Article 111 (4) and Article 112 (10)], Article I (2) [with reference to Article 111 (7)], Article I (2) [with reference to Article 112 (5)] and of Article II of the Law amending and supplementing Government Emergency Ordinance No 22/2009 on the establishment of the National Authority for Administration and Regulation in Communications, objection filed by the President of Romania;
External Relations, Press and Protocol Department of the Constitutional Court