The associations of the Romanian court of judges, the prosecutor's movement and the support of the initiative for justice, in an analysis of the OUG on the 5 groups of judges of the HCCJ, who do not c & # 39. It is still a public debate, mentioning that such "criminal policy measures not specific to the delegated act of government should be accompanied by a note of motivation".
The associations state that the ordinances must be justified by the existence of exceptional situations, explaining that Parliament is the only legislative authority in the country.
ICCJ.pdf "> Read the ANI analysis of the magistrates' associations
"Even if an extraordinary procedure for the replacement of Parliament in the issuance of primary legal acts (including organic laws) is accepted from the constitutional point of view, this possibility can not be similar to a discretionary right of the Government and can not justify the abuse in the issue of emergency orders related to the existence of exceptional situations that require the adoption of urgent regulations, pursuant to the art.115 paragraph (4) of the Constitution (see Decision No. 15 of 25 January 2000, issued by the Constitutional Court of Romania).
Otherwise, we can talk about an interference that is not allowed in the legislative competence of Parliament, breaking the principle of separation of powers in the state, emergency orders can not be adopted in the field of constitutional laws and can not influence the regime of fundamental institutions of the state, the rights, freedoms and duties provided by the Constitution (can not be suppressed, can not be harmed, can not be wounded, wounded, etc.), electoral rights, ie measures for the forced passage of some assets in public ownership [a se vedea art.115 alin. (6) din Constituție]. Therefore, the extent to which the government can replace the Parliament for the adoption of the primary rules is limited, including the imperative of the urgency of regulation, "said the magistrates press release.
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The magistrates also refer to the opinion of the European Commission for Democracy through the law, which noted that "the use of emergency ordinances is often a cause for concern" and that "the almost constant use of the ordinances of governmental emergency is not the most appropriate method "for the adoption of regulations without delay.
"As a result of the signals in the public space concerning the imminent adoption of a government emergency ordinance for the new dossier process in which the final decisions were taken by the 5 High Court of Cassation judges and of Justice during the period covered by the decision of the Constitutional Court No. 685 of November 7, 2018, the Association of the Romanian Court of Justice, the Movement for the Defense of the Statute of Procurators and the Association for Justice, asks to the government to analyze carefully the arguments presented in this legal opinion and not to adopt a project that endangers fundamental social values in a state of law ", explain the associations.