CCR reasoning: Law banning convicted persons to be Gov’t members cease in case of rehabilitation, amnesty, decriminalisation

The Constitutional Court of Romania (CCR) considers that the ban on convicted persons to be government members should cease, in accordance with the legal framework in force, in the case of rehabilitation, decriminalisation or amnesty.

“… It is obvious that, under the legal provisions in force, the phrase ‘haven’t been criminally convicted’ ceases to represent a ban on becoming member of the government, in regard to persons included in the scope of a decriminalization or amnesty law, or who have been rehabilitated by a final court decision, persons in respect of whom the criminal conviction ceases to produce the extrapolated effects provided by law. Any other interpretation given to the phrase ‘haven’t been criminally convicted’ included in Article 2 of Law 90/2001 is contrary to the letter and spirit of the Constitution,” states that the reasoning of the decision by which the CCR rejected as inadmissible, on May 4, the notification by the Ombudsman regarding the article banning convicted persons from being members of the government.

Regarding the unconstitutionality issues formulated by the Ombudsman in regard to extra-criminal consequences derived from a conviction, the CCR claims they are not “true criticism of unconstitutionality” because they have solutions by applying some provisions of the Criminal Code.

According to the CCR, the Parliament, the President of Romania or the government, as the case may be, have the power to “read the criticized text in the applicable constitutional law, depending on the previous criminal law provisions.”

The law banning PSD leader Liviu Dragnea and other convicted persons to be government members is constitutional, the Constitutional Court ruled on May 4, after rejecting the objection of unconstitutionality filed by the Ombudsman in this regard.

The CCR rejected as inadmissible the objection of unconstitutionality filed by the Ombudsman to Law 90/2001, which bans PSD leader Liviu Dragnea to be part of the government because of the final suspended sentence (on parole). The ruling came after four postponements.