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Augustin Zegrean resolves the debate on the Law of the Budget: It remains in force even if the Romanian Constitutional Court finds a constitutional conflict

Jurnalul.ro
Augustin Zegrean

Augustin Zegrean, the former president of the Constitutional Court, contradicts Toni Greblă, his former colleague from the Court, and says that President Iohannis did the right thing when he signed the Budget Law, even though there is a referral to the RCC on this subject. According to Zegrean, the situation does not fall within the provisions of article 77 para. (3) of the Constitution, because the presidents of the two chambers of the Parliament did not make an appeal on the merits, but notified the RCC with a possible legal conflict of a constitutional nature.

"He did very well that he promulgated it. It is not about constitutional review. The referral to the Court is on a legal conflict of a constitutional nature between the Government and the Parliament. If there is a conflict - which I do not believe, because the law of the budget is also a law, and the Constitution does not provide that there are laws that can be adopted by employing responsibility and laws that cannot be adopted – then such a procedure will not be possible for the future (...) It is a special procedure, which can be used. Of course, it should not be abused, "said Zegrean, for STIRIPESURSE.RO.

The former president of the RCC states that the law remains in force even if constitutional judges find that there is a legal conflict of a constitutional nature. "Yes, because it is written in the Constitution that the decisions of the Court are generally binding and have power only for the future. If he had attacked the law on its content, I could discuss. But being a conflict, this is another procedure, another approach to the problem. ", explained Zegrean.

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