Unprecedented CCR decision – Roman SA Brașov privatisation, unconstitutional

The Constitutional Court (CCR) has unanimously ruled on Thursday, in an unprecedented decision, that article 13 of the government emergency ordinance on the privatisation of Roman SA Brasov and the setting up of the industrial park are unconstitutional.

According to a release from CCR, the court the transfer of property of the SC CAF SA, on payment, to the Brasov local council, to compensate the debts of Roman SA Brasov (taxes, constitutions and other revenues to the local budget) is against the article 121, paragraph 2 of the Constitution, by infringing the constitutional judicial and legal statute of the administrative authority of the local council. The local council cannot be owner of rights and obligations on material goods, but only to exert the rights on the unit it represents.

The ruling is final and binding, to be communicated to the two chambers of parliament, the government and the court which notified the CCR, i.e. the High Court of Cassation and Justice (ICCJ – Supreme Court, our note).

The privatisation was completed in 2003.