Tuesday , October 4 2022

CCR: Constitutional Failure of Administrative Code / UDMR: Parliament Proposes New Draft


CCR judges declared Tuesday President Klaus Iohannis and opposition to the Romanian Administrative Code. The head of state claims that the introduction of special pensions and the article on the use of the language of a minority in the municipality are not constitutional.

"The objection of unconstitutionality regarding the Romanian Administrative Code Act, which was voiced by a number of 44 Members from the National Liberal Party's Parliamentary Group, the Union, with the exception of Romania, and the People's Movement Party, and 6 by non-attached Members. 2. The objection of unconstitutionality to the Law on Romanian Administrative Code, Romanian President's Objection ", according to the institution's website CCR Tuesday's agenda.

The Constitutional Court quashed two complaints several times.

President Klaus Johan sent a request to the Constitutional Court for unconstitutionality regarding the Romanian Administrative Code on July 31, criticizing the fact that it contains ambiguous provisions, parallel and uncoordinated regulations and other regulatory enactments.

"In today's public administration, democratic, social status must first be transparent public administration, transparency is not understandable if there is no clear, uniform and accessible rule. From the analysis of the law that is subject to constitutional control, we conclude that it contains ambiguous provisions, legislative parallel and uncoordinated rules between them and other regulatory enactments, "the head of state announced in a statement sent to RCC.

President Iohannis also argues that the amendment to the text limits the responsibility of a member of government to a potential conflict of interest by practically allowing other personal non-patrimonial interests or for the material benefit of other close relatives or others.

"Specifically, a member of the government is responsible if it provides material assistance to other close relatives (grandchildren, cousins, etc.), the Ljubbles, friends or people with whom they have entered into different understandings or partnerships. Also, by introducing the qualified consequences that there is no rational justification and does not correspond to the social value protected by the relevant norm and a member of the government may seek non-mandatory benefits – a hypothesis adopted by the legislator with an adopted amendment ", states the head of state.

Also, according to the objection of non-compliance with the Constitution, in this area. 40 pcs. (1) lit. g) the law states that the position of a member of the government is incompatible with the status of authorized natural person or the person engaged in an individual company or family business, the phrase "the quality of natural persons traders" 84 pcs. 1 liter g) Law No. 161/2003 is replaced by the phrase "authorized natural person or person managing an individual enterprise or family business".

President Klaus Iohannis also criticized the article "Use of the language of national minorities", which states that "public authorities and institutions as well as other legal entities (1) may decide, by decision of their advisory bodies or, where appropriate, the governing bodies, to ensure the administrative use of the language of national minorities in territorial units in which the citizens of national minorities do not reach the point set out in (1). "

"In accordance with Article 13 of the Art. <În România, limba oficială este limba română>. At the same time, according to Art. 120 pcs. (2) The Constitution, <în unităţile administrativ-teritoriale în care cetăţenii aparţinând unei minorităţi naţionale au o pondere semnificativă se asigură folosirea limbii minorităţii naţionale respective în scris şi oral în relaţiile cu autorităţile administraţiei publice locale şi cu serviciile publice deconcentrate, în condiţiile prevăzute de legea organică>, says Iohannis.

The chairman criticized and introduced special pensions for some local elected representatives, namely, mayors, mayor's deputies, county council presidents and vice-chairmen.

In this variant, which has been voted by the Parliament, it is stated that "1) persons elected by ordinary citizens by universal suffrage directly, secretly, indirectly and freely by secret ballot, executing respectively the mayors of the executive function, the mayor, the chairman of the district council and the chairman the standard retirement age as defined by Law No 263/2010 on the Single Pension Scheme, as subsequently amended or supplemented, or provided for in other special laws, is entitled to receive a monthly old-age benefit upon termination of the mandate "and the amount of the old age benefit is covered by the state budget and is intended for each administrative territorial unit / subdivision with an addition different from the annual state budget approval law.

"I urge you to declare a complaint of non-compliance with the constitution and to find that the provisions of the Romanian Administrative Code Act are not constitutional", the end of the statement.

44 members of the PNL, the US and the PMP are also on the agenda of the Constitutional Court sitting.

UDMR: Parliament proposes a new draft administrative code

The Senate UDMR Senate Cseke Attila said that Parliament should launch a new Administrative Code project based on a vote cast by several parliamentary parties and the RACs announcing the constitution.

Cseke Attila informed the MEDIAFAX correspondent on Tuesday that after the CCR announced that the Administrative Code did not comply with the constitution, this led to a reform in public administration.

"UDMR believes that we need an administrative code for reform in public administration, and the draft code that was in the RAC debate is largely in line with this requirement. The principle of local autonomy was strengthened, decentralization allowed in public administration, more modern elements were introduced into the central and local government operation and synthesized rules on the governance of the state of 18 today. Unfortunately, unconstitutionality has been proclaimed procedural issues, which means that the law is not completely constitutional. A new parliamentary procedure is required, and the UDRM calls on Parliament to start a new draft Administrative Code. procedure, a new bill based on the current draft administrative code, which was approved and voted by both the UDMR and several parliamentary parties, "said Cseke.

According to him, it is clear that Romania needs a new administrative code, as it is no longer possible to stay in the current administration law, which in many ways does not comply with 2018-2019. Annual requirements.

"It's a new breath in the organization and functioning of the state administration," said the head of the UDMR Senate Group.

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