Justice Minister Tudorel Toader has said on Thursday that an emergency ordinance on Criminal Codes is ‘under analysis’. The statement was made after Toader met Senate Speaker Calin Popescu Tariceanu, ALDE leader, to discuss details on taking over the Justice and Home Affairs Council.
“We may issue a draft, the draft has no effects. We may elaborate, it remains to be seen if it is promoted or not,” Toader added.
The Justice Minister said that, if the Government adopts an emergency ordinance, it will include articles to amend the Criminal Codes and not replace them entirely. He reminded that the ministry sent last year to Parliament two drat bills to amend the Criminal Code and the Criminal Procedure Code in order to put them in agreement with the Constitutional Court decisions and to transpose two European directives into the national legislation – extended seizure and the consolidation of the benefit of doubt.
“If there will be an ordinance, it will include two elements at the most and three sub points. One: the amendment of the Criminal Code. Two: the amendment of the Criminal Procedure Code. Each will have three sub points: 1) amendments according to the Constitutional Court decisions and additional decisions on unconstitutionality. 2) Transposing the two European directives; 3) the taking over of some legislative solutions declared unconstitutional (of the laws to amend the codes voted by Parliament, with some articles declared unconstitutional – our note). They’ve been under debate, have been declared unconstitutional, will be according to the constitution,” Toader said.
Asked about the emergency, Tudorel Toader said he cannot give an answer for the Parliament.
“There was an emergency last year, not now. On one hand, the Parliament should have amended the codes in 45 days from the CCR decisions. We will face an infringement procedure for not transposing the Directive on consolidating the benefit of doubt. There are three CCR decisions reading that an emergency ordinance for transposing a European directive is justified, in order to avoid the infringement procedure,” he added.
Prime Minister Viorica Dancila announced on Monday, that the PSD Executive Committee has unanimously decided to issue an emergency ordinance on the Criminal Codes.
UDMR will not support GEO on Criminal Codes
UDMR Senators’ leader, Cseke Attila, has announced on Thursday that the union does not support an emergency ordinance on the Criminal Code and Criminal Procedure Code.
“It does not depend on us, we are not governing, but we do not support such a measure to be adopted by emergency ordinance,” Attila said for RFI Romania.
He argues that the emergency ordinance issued by the technocrat Government in 2016 in this regard was a mistake.
“It would be wrong this time too, although it is only about some articles declared as unconstitutional,” the UDMR representative said.