The Law on the Administrative Code was found to be unconstitutional, overall, the Romanian Constitutional Court (CCR) decided on Tuesday, sources from the CCR told AGERPRES.
The Law is unconstitutional for this normative act was adopted without the approval of the Economic and Social Council, which means a violation of the principle of bicameralism.
On July 31, President Klaus Iohannis sent to the CCR a constitutionality challenge related to the Administrative Code.
The head of the state claimed that this normative act was adopted by the Deputies' Chamber during an extraordinary session in violation of the Constitution, with the two Chambers of Parliament behaving as the Senate was just a first legislative forum with the decision-making chamber - the Deputies' Chamber having the entire competence to make decisions on the regulated matters.
Iohannis invoked the violation of the principle of bicameralism in the case of this law.
He also claimed that the provisions regarding the obligation of the authorities and central public administration institutions, as well as of their personnel to implement the governing programme approved by Parliament were unclear and criticized the fact that through this normative act there was eliminated the criterion of integrity for those who can be members of the Government - regarding the incompatibility cases.
The President drew attention, among others, on the fact that there is no hierarhical subordination between the ministers and the prime minister.
Klaus Iohannis believes that this breach of the fundamental law and the provision regarding the use of the national minorities' language in the administrative-territorial units where the citizens belonging to them did not meet the share, as the constitutional criterion of "the significant share" was no longer taken into account.
On the other hand, the notification of the National Liberal Party (PNL) and the Save Romania Union (USR) showed that the special pensions for the local elected officials introduced through the Administrative Code broke the principle of equality of citizens in front of the law.
More than that, according to the signatories of the notification, the Administrative Code will allow political appointments in the most important offices currently occupied by high public officers, which breaches the public administration professionalization obligations that Romania assumed before joining the European Union.
Comentează