I. At the hearing of 16 March 2022, the Constitutional Court, in the context of the review of laws subsequent to the promulgation, unanimously upheld the exception of unconstitutionality and found unconstitutional the provisions of Article II (6) of Law No 130/2015 supplementing Law No 567/2004 on the statute of the auxiliary specialised staff of courts and of public prosecutor’s offices and of staff within the National Institute of Forensic Expertise, published in the Official Gazette of Romania, Part I, No 408 of 10 June 2015, which read as follows: “The provisions of this law shall not apply to persons in receipt of a service pension on the basis of final and irrevocable judgments or, as the case may be, of final court decisions.”
II. At the same hearing, the Constitutional Court:
– in the context of the review of the Parliament’s regulations concerning the referrals formulated by the Parliamentary Group of the Save Romania Union within the Chamber of Deputies and, respectively, by the Parliamentary Group of the Alliance for the Unity of Romanians within the Chamber of Deputies, unanimously decided:
1. Upholds the referrals of unconstitutionality and finds that the provisions of Article 246 (1) i) and the phrase “of its Deputies and employees” contained in Article 246 (1) j) of the Rules of Procedure of the Chamber of Deputies, as amended and supplemented by the Decision of the Chamber of Deputies No 8/2022 amending and supplementing the Rules of Procedure of the Chamber of Deputies, are unconstitutional.
2. Dismisses the referrals of unconstitutionality that have been formulated and finds that the provisions of Article 158, Article 2451 and Article 246 (1) g), h) and j), except for the phrase “of its Deputies and employees” contained in the Rules of Procedure of the Chamber of Deputies, as amended and supplemented by the Decision of the Chamber of Deputies No 8/2022, as well as the Decision of the Chamber of Deputies No 8/2002 as a whole, are constitutional in relation to the criticisms made.
– in the context of the review of the Parliament’s resolutions, the Constitutional Court unanimously upheld the referral of unconstitutionality and found that the Parliament’s Resolution No 49/2021 on the appointment of a member in the Regulatory Committee of the National Energy Regulatory Authority, referral formulated by the Parliamentary Group of the Save Romania Union, was unconstitutional.
III. With regard to the referral of unconstitutionality of the Law amending Article 6 (9) of Law No 69/2000 on physical education and sport, formulated by the Government of Romania, the Constitutional Court postponed its ruling to 6 April 2022.
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The decisions are final and generally binding.
The arguments set out in the grounds for the decisions of the Constitutional Court will be presented in the decisions, which will be published in the Official Gazette of Romania, Part I.
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