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he challenges of the Alliance for the Union of Romanians (AUR) to the Justice package were brought by just 38 deputies, whilst the minimum number required by the Constitution is 50, the Constitutional Court of Romania (CCR) explained in the reasoning for its ruling to reject AUR's constitutional challenge, told Agerpres.
"As regards the holder of the right to challenge, the Court argues that the constitutional challenge that is the subject of Case 2350A/2022 was formulated by 38 deputies. Or, according to Art. 146 letter a) sentence one of the Constitution, the Constitutional Court rules on the constitutionality of laws, before their promulgation, 'upon notification by the President of Romania, one of the Speakers of the two Chambers, the Government, the High Court of Cassation and Justice, the People's Ombudsman, a minimum of 50 deputies or 25 senators'," the Constitutional Court explained.
Thus, the Court notes that the constitutional provisions expressly and exhaustively list the holders of the right to notify the Constitutional Court for the exercise of the a priori constitutionality control.
"Therefore, in the present case, since the constitutional challenge filed with the Constitutional Court regarding the still unenacted Law on the Superior Council of the Magistrates was signed by 38 deputies instead of a minimum of 50, as the Constitution expressly provides, the Court finds that the challenge does not meet the admissibility requirement provided for by Art. 146 letter a) sentence one of the Constitution regarding the holders of the right to refer to the Constitutional Court," the constitutional judges argue.
The same reasons were considered as regards AUR's challenges to the Law on the statutes of the magistrates, the Law on judicial organization and the Law on the Superior Council of the Magistrates.
