I. At the hearing on 8 June 2022, the Constitutional Court, in the context of reviewing the laws prior to promulgation, unanimously upheld the referral of unconstitutionality filed by the People’s Advocate and found that the Law amending Government Ordinance no. 2/2001 on the legal regime of administrative offences and the Law no. 286/2009 on the Criminal Code is unconstitutional, in its entirety.
II. At the same hearing, the Constitutional Court, in the context of reviewing the laws subsequent to promulgation, decided:
By majority,
– upheld the exception of unconstitutionality and found that the provisions of Article 100 of Law no. 303/2004 on the status of judges and prosecutors are constitutional only insofar as the disciplinary sanction of exclusion from the magistrature has no permanent effect.
By majority,
– upheld the exception of unconstitutionality and found that the provisions of Article 170 (1) (b) of the National Education Law no. 1/2011 are constitutional insofar as they refer to the withdrawal of the PhD title that did not enter the civil circulation did not produce legal effects.
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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 set out in the decisions, which will be published in the Official Gazette of Romania, Part I.
III. At the same hearing, the Constitutional Court postponed the start of the debates for the following cases:
– for 29 June 2022,
1. The objection of unconstitutionality of the Law amending and supplementing Article 56^1 of the Government Emergency Ordinance no. 57/2007 on the legal regime of protected natural areas, conservation of natural habitats, wild flora and fauna, objection raised by deputies belonging to the parliamentary group of the Save Romania Union;
2. The objection of unconstitutionality of the Law amending and supplementing Law no. 45/2009 on the organization and functioning of the Academy of Agricultural and Forestry Sciences “Gheorghe Ionescu-Șișești” and of the research and development system in the fields of agriculture, forestry and food industry, objection raised by the President of Romania;
– for 6 July 2022, the objection of unconstitutionality of the provisions of the Law amending and supplementing the Government Ordinance no. 2/2001 on the legal regime of administrative offences, objection raised by the People’s Advocate.
The External Relations, Press and Protocol Department of the Constitutional Court of Romania