Update: Ombudsman challenges ordinance on criminal law amendments to the Constitutional Court

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Ombudsman Victor Ciorbea informed on Friday that he had notified the Constitutional Court over the ordinance 13/2017 amending the Criminal Codes.

“I received last night a letter from Mr. prosecutor general asking me to consider some constitutional challenges. I also considered this document. The objection text took over some ideas, we haven’t managed to study them. I decided to file the constitutional challenge on the ordinance 13/2017,” Ciorbea informed.

“The Government said that the ordinance is necessary to transpose a EU directive or checking up this directive I noticed the implementation deadline is April 1st, 2018. Therefore there is enough time that the draft should be debated in Parliament based on a draft bill. Regarding the other aspect. CCR mentioned in previous decisions that the emergency ordinance is justified only if the impeachment procedure is initiated, which is not the case here,” the Ombudsman argued.

Besides, Ciorbea said that “to restrict the abuse of office only to law breaches, to the emergency ordinances and not to refer also to the other regulatory acts means to decriminalize the activity of the entire Romanian administration.”

President Klaus Iohannis went to visit Victor Ciorbea on Wednesday on this topic, calling him to take a stance on the emergency ordinance that is amending the criminal law.

In retort, the president of the Romania’s Constitutional Court Valer Dorneanu said that the court would act accordingly, would give a deadline to debate the Ombudsman’s objection according to the regulation and the constitutional provisions.

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