The High Court of Cassation and Justice (ICCJ) has asked the Senate and the Chamber of Deputies to ensure that the parliamentary procedure on the public-sector pay bill is carried out in strict compliance with the Constitution, warning of "serious doubts" about the validity of steps already taken.
"In exercising its constitutional and institutional responsibilities, the High Court of Cassation and Justice has addressed, preventively, the leadership of the Senate and the Chamber of Deputies, requesting that the parliamentary procedure on the draft Law on the remuneration of publicly-paid personnel be conducted in strict compliance with the Constitution and the rules governing the legislative process. The step was prompted by serious constitutional issues affecting the very procedure of drafting and promoting the bill," the court said in a statement, according to Agerpres.
According to the ICCJ, the draft was prepared and advanced at a time when there are "issues" regarding the constitutional competence of certain government members to exercise their responsibilities - a situation that raises "serious doubts" about the validity of the procedure and whether it can serve as the basis for a constitutionally compliant legislative initiative.
"These flaws cannot be remedied simply by continuing the parliamentary procedure, as they concern the legality and constitutionality of the bill's initiation stage," the High Court stated.
The ICCJ said it had already flagged "numerous" constitutional issues raised by the proposed legislative solutions, including concerns over the separation and balance of powers, the independence of the judiciary, and violations of the principles of equality before the law, legal certainty, legitimate expectations, proportionality, and the clarity and predictability of legislation.
The court stressed that its constitutional role is not to defend the interests of a single professional category, but to uphold the supremacy of the Constitution and the rule of law.
"If the law is adopted without addressing these deficiencies, the High Court will notify the Constitutional Court of Romania regarding all provisions it considers unconstitutional. Such a referral will not concern only the articles related to magistrates, but all provisions that, in breach of constitutional principles, disadvantage professional categories under the new regulation. The Constitution does not protect the rights of a single profession; it guarantees equality before the law, the legality of public power, and respect for fundamental rights for all citizens. From this perspective, the High Court will fully exercise its constitutional prerogative to notify the Constitutional Court regarding all provisions that violate the Fundamental Law, regardless of the professional category affected. Respect for the Constitution is not a political option but an obligation incumbent on all public authorities," the ICCJ concluded.
