JusMin Toader: Upon revision of Constitution, procedure for tacit adoption must be removed

Justice Minister Tudorel Toader declared on Tuesday, in south-eastern Constanta, that upon the revision of the Constitution, the provision concerning the tacit adoption of a legislative bill in Parliament must be removed. 

Toader pointed out that according to the Constitution, a normative act must be adopted through both chambers of Parliament, the principle of bicameralism being respected only if the same regulatory goal of the legislative act is being discussed in each chamber. 

He came with arguments through a present case, showing that "if in one chamber talks are being carried out about land registry and in another about topography, the bicameral principle being broken," the adopted law was declared unconstitutional. 

"We have, according to the Constitution, a bicameral system in the legislative process. Sometimes, by the nature or importance of the legislative act, the Chamber of Deputies is the first chamber and the Senate, the decision-making one, sometimes the other way around (...). The Constitution also permits that, if the first chamber does not debate a law within a certain timeframe, the law go to the decision-making chamber. There are many normative acts which pass undiscussed through the first chamber and are debated and adopted in the decision-making chamber. My opinion is that, upon reviewing the Constitution, the procedure concerning the tacit adoption must be removed, otherwise we proclaim the bicameral system to be constitutional, but we adopt the law only in the decision-making chamber," Minister Toader said.