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On Wednesday, the Romanian Constitutional Court (CCR) took up constitutionality objections raised by President Klaus Iohannis and the government over a piece of legislation amending and supplementing the statutes of the Court of Auditors.
"The court has unanimously admitted the constitutionality objection (after commingling the two complaints filed by the President of Romania and the government of Romania) and found that the law amending and supplementing Law no. 94/1992 on the organisation and operation of the Court of Auditors is also unconstitutional, as judged against Article 1 (3) and (5) and Article 141 of the Constitution, as it was adopted without asking the Economic and Social Council for an opinion," according to the ruling.
The Presidential Administration argued in its complaint that the law violates several constitutional provisions, including those enshrining the principle of bicameralism.
The head of state pointed out that the law violates article 140 of the Constitution, by the provision that assigns to the chair of the Court of Auditors the same powers as those assigned to its plenum.
The head of state also criticised the provision according to which "the representatives of the audited entities, acting on the basis of the points of view, documents issued or approved by the regulatory and sanctioning bodies, are not responsible for the consequences of administrative measures taken following recommendations or provisions contained therein."
Iohannis mentioned that the rule is "lacking in clarity and predictability", as it fails to clarify who is accountable for the activities performed in the exercise of their duties by representatives of the audited entities and which nevertheless have caused an injury, " which runs contrary to Article 1(5) of the Constitution, according to which " In Romania, the observance of the Constitution, its supremacy and the laws shall be mandatory."
According to the presidential complaint, shielding representatives of the audited public entities from accountability for the consequences of legal errors /improprieties found by the Court of Auditors contradicts the constitutional role of the authority, enshrined in Article 140 (1) of the Constitution, according to which "The Court of Audit shall exercise control over the formation, administration, and use of the financial resources of the State and public sector. Under the terms of the organic law, the disputes resulting from the activity of the Court of Audit shall be solved by specialised courts of law."
