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Constitutional Court rules against Senate in Sova’s case

Constitutional Court rules against Senate in Sova’s case

Romanian Constitutional Court (CCR) ruled on Wednesday that it is a constitutional legal conflict between judiciary represented by the Prosecutor’s Office attached to the Supreme Court and the Senate, following the upper chamber’s refusal to draft a decision on the vote cast in the case of senator Dan Sova’s pre-trial detention request.

CCR says the Senate is compelled to draft the decision adopted in the plenum session of March 25 attesting the vote result regarding the detention request of senator Sova. According to CCR, Romanian upper chamber also has to inform on its decision to the public authorities and to publish its decision in the Official Gazette.

CCR decision is final and generally compulsory.

Regarding the decision the Senate has to draft, it is not very clear if it is constitutional or not, sure thing is that CC president, Augustin Zegrean said it can be challenged as well at the Constitutional Court.

Three notifications on Sova vote were sent to the Constitutional Court by President Klaus Iohannis, the Superior Council of Magistracy and the National Liberal Party, after the Senate, in its March 25 session, rejected the anti-corruption prosecutors’ request to approve Dan Sova’s pre-trial detention, as it failed to gather the majority vote of the senators.

However, the CCR ruled there is a constitutional conflict in the case of the CSM’s notification, and not in the case of President Iohannis’ one.

Senate Speaker Calin Popescu Tariceanu retorted that the upper chamber will come into line with the CCR ruling, but added that “the Parliament has never published a negative resolution in the Official Gazette in those 25 years since the Revolution”, and that CCr ruling is changing the parliamentary common law.

About Alina Grigoras Butu