President Klaus Iohannis on Monday sent to the Constitutional Court of Romania (CCR) a constitutionality objection over the Aquaculture Law, the Presidential Administration reports.
The complaint says that the law creates the legal framework for aquaculture and the marketing of aquaculture products, when these activities are carried out in Romania, including in the marine waters under the national jurisdiction of Romania. It adds that the law was initiated with the purpose of establishing a unitary legal framework for aquaculture and marketing of aquaculture products in order to ensure the competitiveness of this activity.
President Iohannis underlines that the introduction of a new article in the law regarding the possibility of placing photovoltaic energy production facilities on a maximum of 25% of the area of the concessioned, leased or rented out fish farm without the need for a building permit, with the agreement of the administrator, is a rule that goes beyond the limits of the review.
Under the Aquaculture Law in its initial form passed by Parliament, "the land in the private domain of the state on which fishery facilities are built and the lands related to them, are sold directly to the owners of fishery assets who send a letter of intent and undertake to preserve the aquaculture activity."
Iohannis adds that there are not sufficient guarantees to protect the state's right to property, the lack of minimum criteria and a mechanism for setting the price, so that the operations are carried out with the reflection of the real value of the state's property.
He says that the controversial law does not make any distinction between the builders in good faith of the fishing facilities or those in bad faith, with the simple transmission of a letter of intent triggering the procedure of sale of the respective lands, including for the builders in bad faith.
Iohannis also mentions that it is impossible for the recipients of the law to determine what will be the applicable sanction for the non-installation or destruction of devices that prevent the entry of fish into water supply systems, irrigation, as well as hydropower installations.
He asks CCR to take up his constitutionality complaint and find that the Aquaculture Law is unconstitutional.
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