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Iohannis notifies CCR over law regarding negotiations for border crossing point with Hungary

Inquam Photos / Octav Ganea
Inquam Klaus Iohannis coroana

President Klaus Iohannis has sent to the Constitutional Court, on Friday, a constitutionality challenge regarding a law by which the Government would start diplomatic negotiations for the conclusion of an agreement with Hungary regarding the opening of the international border crossing point Beba Veche (western Timis County, Romania) - Kubekhaza (Hungary), the head of state deeming that "the initiative of starting negotiations in view of concluding an international treaty in the name of Romania belongs exclusively to the executive power" and, thus, cannot be regulated through law.

"By the law criticized, the Parliament is limiting the power of the Government in manifesting its will regarding a certain matter of foreign policy Thus, the Government is obligated to exercise a certain attribution in the conditions set by Parliament, in the sense of starting or initiating a legal action in the form of official discussions, meaning negotiations, with the purpose of concluding in the future a separate agreement with Hungary that would regard the opening of a crossing point of the state border," according to the notice sent by the Presidential Administration.

It's mentioned that according to art. 3, paragraph (4), letter a) of the Convention of April 27, 2004 between Romania and Hungary regarding the control of road and rail border traffic, the governments of the contracting states regulate by separate agreement the establishment or disestablishment of the state border crossing points, the functioning program, the nature of traffic and its modifications.

Furthermore, art. 9, paragraph (1) of Government Emergency Ordinance no. 105/2001 is invoked, according to which the opening of new border crossing points or the temporary or definitive closing of the existing ones is done by decision of the Government. Also, according to art. 102, paragraph (1) of the Constitution, the Government, according to its government program accepted by Parliament, ensures the conduct of internal and external policy of the country and exercises the general leadership of the public administration.

The Presidential Administration added that, in what regards the role of the Government in foreign policy, the jurisprudence of the Constitutional Court has shown for the sense of "in foreign policy it's rather a technical one, it having to follow and fulfill the obligations that Romania has undertaken" at the level of the state.

The Chamber of Deputies adopted, on May 27, the draft law that provides for the start of diplomatic negotiations by the Government for the conclusion of an agreement with Hungary regarding the opening of the international border crossing point Beba Veche (Romania) - Kubekhaza (Hungary). The draft, initiated by MPs from the Social Democratic Party (PSD) and minorities, was adopted with 306 votes "for", one "against" and 2 abstentions.

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