Romanian Ombudsman challenges amendments to Criminal codes to Constitutional Court

Newsroom 03/02/2017 | 12:34

Romanian Ombudsman Victor Ciorbea announced on Friday that he challenged the emergency ordinance 13/2017 on the amendment of Criminal Codes to the Constitutional Court of Romania.

“I decided to bring the exception of unconstitutionality of the GEO 13/2017. It will leave in a few minutes to the CCR,” Ciorbea said at a press conference.

Upon announcing the measure, Ciorbea said that “to limit abuse of office only to breaching laws and GEO and not to refer to the other normative acts – Government decisions, ministerial orders, decisions of the City Councils – means to decriminalize the activity of almost the entire Romanian administration.”

“It is true that we have the CCR decision and the GEO acknowledged the requests included in the CCR decision. But, in the GEO it is used, it is added, it is mentioned also the serious, certain and effective breach of legitimate rights or interests of a physical or juridical person. Therefore, it is said that either the prejudice is bigger than RON 200,000 or the breach I was mentioning takes place. In return, the lawmaker, respectively, the Government does not define in the GEO what this serious breach means. Consequently, another factor of instability, of uncertainly, is brought forth, which is contrary to the constitutional requests in matter of criminal law,” Ciorbea said.

The Ombudsman said he was not contacted by the Government, nor did he contact the executive before taking this decision. “I do not fear anything. I resigned more than anybody in the country. And I made important reforms more than anybody in this country. I only fear God,” Ciorbea said.