CCR: The law on the extension of local elected officials' terms, unconstitutional

Following the deliberations, the Constitutional Court, unanimously, admitted the objection of unconstitutionality and found that the provisions of the Law on the extension of the mandates of local public administration authorities are unconstitutional.

The Court found that the provisions of the Law on the extension of the terms of the local public administration authorities “enshrine an impermissible legislative parallelism”, considering that, at the date of its adoption, emergency decree no. 44/2020 regarding the extension of terms of the local public administration authorities included in the period 2016-2020, some measures for the organization of the local elections from 2020, as well as the amendment of decree no. 57/2019 regarding the Administrative Code.

"The Parliament had a constitutional obligation to eliminate the emergency ordinance from the active fund of the legislation when adopting the law. As it did not achieve this, it reached the situation of the concomitant existence of two normative acts that have the same field of regulation, which is contrary to art. 1 paragraph (5) of the Constitution”, argues CCR.

The objection of unconstitutionality of the provisions of the Law on the extension of the local public administration authorities terms was formulated by 71 deputies belonging to the parliamentary Group of the National Liberal Party.

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