I. At the hearing of 29 June 2022, the Constitutional Court, in the context of the review of laws prior to promulgation, unanimously:
– upheld the referral of unconstitutionality made by the President of Romania and found unconstitutional in its entirety the Law amending and supplementing Law No 45/2009 on the organisation and functioning of the “Gheorghe Ionescu-Șișești” Academy of Agricultural and Forestry Sciences and of the R&D system in the fields of agriculture, forestry and food industry.
In essence, the Court held that the transfer of certain land from the public domain of the State to the private domain of the administrative-territorial unit, with the change of ownership, could be carried out implicitly by the annexes to the law, without there being a framework-basis for it. At the same time, there was no valid consent on the part of the administrative territorial unit for such transfer. As a result, the criticised law gave rise to confusion as to the legal status of land in the public domain of the State.
– upheld the referral of unconstitutionality made by the Advocate of the People and found unconstitutional in its entirety the Law on the transfer of immovable property intended for veterinary health care activities and privately owned by the State from the administration of the State Domains Agency to the administration of local councils, and repealing Government Emergency Ordinance No 89/2004 on the sale of immovable property in which veterinary health care activities are carried out.
In essence, the Court held that, on the basis of Government Emergency Ordinance No 89/2004, legal relationships have arisen which are in progress and that the repeal of that emergency ordinance, although it is the legislator’s choice, must be accompanied by transitional rules. However, the legislator failed to regulate such rules. At the same time, the criticised law transfers the management of immovable property intended for veterinary health care activities from the State Domains Agency to the local councils, without the consent of the administrative territorial units. The Court found that such a transfer can take place by Government decision and only with the consent of the administrative territorial units concerned.
II. At the same hearing, the Constitutional Court postponed the debate in the following cases:
– for 6 July 2022, the objection of unconstitutionality of the Law amending Law No 7/1996 on land register and property advertising, which was raised by Deputies of the Parliamentary Group of the Save Romania Union;
– for 14 September 2022:
1. The objection of unconstitutionality of the Law amending and supplementing Article 56 (1) of Government Emergency Ordinance No 57/2007 on the regime of protected natural areas, the conservation of natural habitats and of wild flora and fauna, objection raised by Deputies of the Parliamentary Group of the Save Romania Union;
2. The objection of unconstitutionality of the Law amending and supplementing Framework Law No 153/2017 on the remuneration of staff paid from public funds, objection raised by the Government of Romania;
3. The objection of unconstitutionality of the Law approving Government Ordinance No 18/2021 amending Law No 95/2006 on health reform and amending certain legislative acts in the field of health and repealing the provisions of Article 4 of Law No 584/2002 on measures to prevent the spread of AIDS disease in Romania and to protect persons infected with HIV or suffering from AIDS, as well as those of Article V of Government Ordinance No 18/2021, objection raised by the Advocate of the People.
External Relations, Press and Protocol Department of the Constitutional Court