The Constitutional Court of Romania (CCR) is to discuss on July 7 the notice regarding the Senate's decision relating to the appointment of the chair of the Monitoring Council for the implementation of Convention on the Rights of Persons with Disabilities, Emanuel Botnariu, officials of the CCR mentioned on Wednesday for AGERPRES.
The senators of the Save Romania Union - Party of Liberty, Unity and Solidarity (USR PLUS) notified the CCR regarding the appointment of the chair of the Monitoring Council for the implementation of the United Nations Convention regarding the Rights of persons with disabilities as this would infringe art. 1, paragraph (5), art. 16, paragraph (1) and art. 20 of the Constitution.
"The appointment of Mr. Botnariu infringes art. 16 paragraph (1) of the Constitution, his designation being privileged because he is politically involved, being a senator in the past mandate and a party member. His candidacy was not conform neither in relation to the principles of Paris, of the Convention and the demands expressly provided for in Law no. 8/2016. Moreover, in the Plenum sitting of the Senate for the appointment of the chairman of the Monitoring Council Mr. Botnariu was presented as a person known from his past mandate as senator, thus the other organizations that submitted their candidacies for the role of chair of the Council were obviously disadvantaged," said the leader of the group of USR PLUS senators, Radu Mihail, according to a release sent, on Wednesday, to AGERPRES.
USR PLUS argues that the appointment of the chair of the Monitoring Council did not respect the principle of independence, one of the demands of the UN Convention regarding functional independence, free from government interference or the political factor.
Furthermore, the USR PLUS complaint also notes the existence of procedural vices in the process to appoint the chairman of the Council stemming from the infringement of the Senate's Regulations.
The Senate's Plenum appointed, on April 26, in the plenum, Emanuel Botnariu as chairman of the Monitoring Council for the implementation of the Convention on the Rights of Persons with Disabilities, for a four year mandate. There were 61 votes "for" and 44 "against". The vote was secret, with balls and urns.
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