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CCR: Law to approve GEO 96 on education is unconstitutional as a whole

The Constitutional Court of Romania (CCR) has admitted on Tuesday the notification filed by President Klaus Iohannis regarding the law to approve Government Emergency Ordinance 96/2016 on the amendment and completion of some normative acts in the fields of education, research, training and health, ascertaining that the normative act is unconstitutional as a whole.

“Following deliberations, the Constitutional Court, by unanimous vote, has admitted the objection of unconstitutionality and has found that (…) the law to approve Government Emergency Ordinance 96/2016 on the amendment and completion of some normative acts in the fields of education, research, training and health, ascertaining that the normative act is unconstitutional as a whole,” a CCR release released on Tuesday reads.

After analysing the draft law sent for promulgation on June 30, 2017, as compared to the one sent for promulgation on December 27, 2017, following the request for re-examination filed by President Iohannis, it was found that the Parliament, instead of ruling within the limits of the re-examination request, has debated and adopted a new form of the law, by amending and completing paragraphs aimed by the request as well as others. As a result, the Parliament has disregarded the limits of the request, hence the Court has found that the law, as a whole, has violated article 77, paragraph (2) of the Constitution. Consequently, the Court has analysed only the constitutionality of the legal provisions criticised by the notification, which is part of the review request,” the CCR release reads.

President Klaus Iohannis sent, on January 4, a notification of unconstitutionality to the CCR, on the law to approve GEO 96/2016, for the reason that it was adopted by Parliament by violating the Constitution.

 

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