64 provisions in the Criminal Procedure Code, declared unconstitutional, the bill returns to Parliament


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Romania’s Constitutional Court has partially admitted on Friday the notifications filed by the Supreme Court, PNL, USR and President Klaus Iohannis against the draft law amending the Criminal Procedure Code, sources within the Court told mass media.

The appeals of the High Court of Cassation and Justice, PNL-USR and of the Presidency have been joined. By unanimous consent, we admitted the unconstitutionality referral for some articles and also by unanimous consent we rejected other complaints on other articles,” the sources said.

Later on, in an official press release,  the Constitutional Court announced it had tracked down 64 unconstitutional provisions in the law that is amending the Criminal Procedure Code, while other 31 ones are constitutional.

Therefore, the code returns to Parliament so that MPs should reconcile it with the CCR ruling.

On July 10 this year, President Klaus Iohannis sent a letter to the Constitutional Court chairman, Valer Dorneanu, requesting CCR to set the deadline of debates on the referral on amendments to the Criminal Procedure Code and on the judiciary organisation until after the opinion from the Venice Commission is received.

“Under the provisions of article 146 letter a) of the Constitution and article 15 of Law no. 47/1992 regarding the organisation and operation of the Constitutional Court, republished with amendments and consequent completions, I submit you enclosed, the referral of unconstitutionality on the law for amending and completion of Law no. 135/2010 on the Criminal Procedure Code, as well as for amending and completion of Law no. 304/2004 on judiciary organisation. Considering the tradition of good cooperation between the public authorities in Romania and the European institution, which contributes to the development of a common constitutional patrimony in Europe and which supports the states wishing to put the legal and institutional structures in line with international standards and the best practices in the fields of democracy, the rule of law and protection of human rights, I would like to ask you to set the deadline to debate the unconstitutionality complaint so that the opinion of the Venice Commission can be redeemed,” the President’s letter to the Constitutional Court reads.

A day later, CCR head Dorneanu replied to the head of state, turning down his request that debates should take place after the Venice Commission’s opinion.

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