EXCLUSIVE: Romanian Legislative Council Urges Govt To Reconsider Repealing Acts Before Enforcement

In a document obtained by MEDIAFAX, dated June 5, two days after the adoption of the emergency ordinance which states that normative acts may be amended or canceled before they enter force, the Legislative Council sent the Government a document concerning this procedure.

The Council showed that, in principle, a normative act cannot be revised until after it has entered force and that implementing a provision whereby amendments or cancellations can take place before it enters force is a contradiction of the first principle. The Council also said that such provisions are not part of the law of any other European state, and the procedure should be reserved for exceptions, such as when the act enters force after a long period and no longer reflects the economic, social or political reality.

The Government decided, in its Wednesday meeting, to assume responsibility before Parliament for the Criminal and Civil Codes.

On Wednesday, MEDIAFAX announced the Government had issued an Emergency Ordinance whereby, upon adoption, normative acts can also be amended, or if necessary, annulled, prior to their coming into effect, but only based on solid grounds.

The draft normative act must include legislative solutions for transitory situations if the new regulation affects juridical connections or situations created under the old regulation, but which have not entirely produced its effects until the coming into effect of the new regulation.

Furthermore, the draft must include, if necessary, legislative measures meant to settle the conflict between normative acts of different categories, according to the principle of the hierarchy of higher norms, as stipulated in the decree approved by the government.

The ability to amend normative acts prior to them entering force is dictated by recent cases in which certain acts have been adopted but cannot be enforced due to the lack of necessary instruments or because they no longer reflect society’s needs, the Romanian Government said.

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