Romania's Constitutional Court reinstates Ombudsman dismissed by Parliament

30 June 2021

The Romanian Parliament dismissing Renate Weber from the Ombudsman seat breached the constitutional provisions, the Constitutional Court ruled on June 29, de facto reinstating Weber in her position.

"Since the act of revocation is unconstitutional, it ceases to produce legal effects," according to the Court's ruling, Wall-street.ro reported.

Therefore, under Article 147, paragraph (4) of the Constitution, which enshrines the general binding nature and future effects of the Constitutional Court's decisions, the Court notes that after the publication of its decision in the Official Journal of Romania, Renate Weber resumes her Ombudsman role.

The Court argued that the Romanian Parliament's Decision no. 36/2021 for the revocation of Renate Weber is "based on legal provisions that do not ensure the guarantees of independence of the People's Advocate in relation to other public authorities" and furthermore the Parliament has assigned to the legal provisions "a different interpretation than the one resulting from their normative content."

andrei@romania-insider.com

(Photo source: Inquam Photos/George Calin)

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Romania's Constitutional Court reinstates Ombudsman dismissed by Parliament

30 June 2021

The Romanian Parliament dismissing Renate Weber from the Ombudsman seat breached the constitutional provisions, the Constitutional Court ruled on June 29, de facto reinstating Weber in her position.

"Since the act of revocation is unconstitutional, it ceases to produce legal effects," according to the Court's ruling, Wall-street.ro reported.

Therefore, under Article 147, paragraph (4) of the Constitution, which enshrines the general binding nature and future effects of the Constitutional Court's decisions, the Court notes that after the publication of its decision in the Official Journal of Romania, Renate Weber resumes her Ombudsman role.

The Court argued that the Romanian Parliament's Decision no. 36/2021 for the revocation of Renate Weber is "based on legal provisions that do not ensure the guarantees of independence of the People's Advocate in relation to other public authorities" and furthermore the Parliament has assigned to the legal provisions "a different interpretation than the one resulting from their normative content."

andrei@romania-insider.com

(Photo source: Inquam Photos/George Calin)

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