Court: No constitutional conflict between Romania's Government and justice system

Romania’s Constitutional Court ruled yesterday that there was no constitutional conflict between the state’s powers related to the adopting of the emergency ordinance that brings changes to the Criminal Code. Romania’s 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 approved an emergency ordinance to change the Criminal Code on Tuesday, January 31. CSM said that the Government didn’t wait for the Council’s approval of the ordinance draft and that it was the Parliament’s role to approve changes to the legislation. However, the Constitutional Court decided that the Government has the legal right to issue emergency ordinances and that CSM’s approval was not needed for every bill related to the justice system. The Constitutional Court will discuss today the Ombudsman’s notice related to possible unconstitutional provisions in the Government’s emergency ordinance amending the Criminal Code. The ordinance, which partly decriminalizes some corruption offences such as abuse of office, determined massive protests in Romania and negative reactions from foreign partners. The Government repealed the emergency ordinance by another ordinance adopted on Sunday. Although it was repealed, the ordinance to change the Criminal Code can still come into force if the Parliament approves it. However, if the Constitutional Court decides today that the ordinance is unconstitutional, then it will be revoked for good. editor@romania-insider.com