Romania's Constitutional Court (CCR) dismissed on Thursday the notification filed by the Ombudsman on the controversial emergency ordinance that would have changed the Penal Code, also known as emergency ordinance 13 (OUG 13).

Romania's Ombudsman Victor Ciorbea notified CCR about unconstitutional provisions included in the Government’s controversial ordinance on Friday last week. However, the Government decided on Sunday to repeal the ordinance in question, after massive protests in Romania.

CCR president Valer Dorneanu said that Ciorbea was right to notify the Court on this ordinance, but that the request became inadmissible as the ordinance was repealed. Thus, the Ombudsman’s notification was rejected as inadmissible.

Also related this ordinance, CCR ruled on Wednesday that there was no constitutional conflict between the state’s powers. The ruling came after President Klaus Iohannis and the Superior Council of Magistracy (CSM) notified the Constitutional Court last week about a possible constitutional conflict between the Government and the Parliament and between the Government and the justice system, after the Government the approved an emergency ordinance.

Although it was repealed, the ordinance that amends the Penal Code can still come into force if the Parliament approves it and rejects the ordinance that repealed it.

Irina Popescu, irina.popescu@romania-insider.com