The People’s Advocate, Renate Weber, confirmed on Monday evening, at Sinteza Zila, that he will refer the Constitutional Court to the emergency ordinance on the agenda of the Bolojan Government three days after the motion.
The ordinance aims to adapt the legal framework for investments in the defense industry and capitalize on the opportunities created by the SAF program was adopted on Monday, May 4, a day before the vote of no confidence.
The negative opinion of the Legislative Council reached the Government on May 5, a few minutes before the decision of the Parliament, with the result of the vote on the motion, was published in the Official Gazette.
This element was later used to argue that the government had legally passed the ordinance before it was dismissed. Thus, on May 8, the Bolojan Cabinet, having interim status, put the GEO back on the agenda, claiming that it is not re-adopting the act, but only “taking note” of the negative opinion of the Legislative Council.
The People’s Advocate decided to contest the Ordinance at the CCR, considering it a defiance of the Parliament.
“The Constitution very clearly provided for the powers that an interim government can still have after it has been dismissed by the Parliament. Either way, we now find ourselves in this situation which, I say, is unique. It is true that there is a whole artifice to say that (the ordinance) was not adopted then, but before. It is not true. Moreover, the constitutional text regarding the notification of the Parliament’s Chambers is not respected either, because only the Senate is the one that accepted that this the ordinance should be sent to him before publication in the Official Gazette. There are many aspects of unconstitutionality in some of the provisions of the ordinance, as well as procedural issues. It seems to me that it is a duty of honor to the Constitution and the idea of constitutionality in Romania. Why should this be done after what? was dismissed, which is really a defiance to the Parliament?”, said Renate Weber at Antena 3 CNN.
The emergency ordinance was put back on the agenda after a negative opinion
On May 8, the Emergency Ordinance for the amendment and completion of some normative acts, originally adopted in the May 4 meeting, was put back on the agenda of the Government meeting, so that the Executive takes note of the negative opinion issued by the Legislative Council.
The government states that the measure is strictly procedural and is being carried out “according to art. 43 paragraph (1) of GD 561/2009 in conjunction with art. 10 of Law no. 24/2000”not being a re-adoption of the act.
“The reinstatement on the agenda was according to art. 43 paragraph 1 of GD 561/2009 in conjunction with art. 10 of Law no. 24/2000 and does not envisage an adoption/re-adoption of the normative act approved on May 4”, sent the Executive.
The Ordinance aims to adapt the legal framework for investments in the defense industry and to capitalize on the opportunities created by the SAFE program, as well as to protect the assets of some strategic companies.
“The Emergency Ordinance aims to adapt the legal framework for the rapid realization of some of the investments in the defense industry, considering the opportunities created by accessing the SAFE program, and to protect the assets of some companies declared strategic by Government Decision”, stated the Government.
The government led by Ilie Bolojan was dismissed a week ago by a no-confidence motion adopted by the Parliament. However, the current cabinet will remain at Victoria Palace in an interim capacity until a new government is installed to ensure the day-to-day affairs of the state.
According to the Romanian Constitution, a dismissed cabinet exclusively manages the documents necessary for the daily functioning of the institutions. The prerogatives of the executive power are drastically curtailed. Prime Minister Ilie Bolojan and his cabinet ministers can no longer issue emergency ordinances and do not have the right to propose bills. Practically, the capacity of the government apparatus to implement structural reforms or adopt strategic decisions disappears completely until a new government is invested with full powers.
