Romania Constitutional Court Says Govt May Adopt Education Bill Through Confidence Vote

The court Wednesday acknowledged a legal conflict between the Government and Parliament, following the latter's refusal to debate the opposition's no-confidence motion after the Executive sought lawmakers' confidence vote on the education bill.

Senate Chairman Mircea Geoana Wednesday said any step to be taken for the adoption of the education bill through a confidence vote renders the bill unconstitutional. He added the Parliament's standing bureaus must take note of the Constitutional Court rulings and appease any legal conflict notified. Geoana also said the standing bureaus should be summoned for Monday at the latest, when the Senate is to debate on the education bill.

Mid-November, the Government asked the Constitutional Court in a letter to take note of a legal conflict between the Executive and the Parliament, triggered by the lawmakers' refusal to present and debate on the no-confidence motion filed by the opposition after the Executive sought a confidence vote in Parliament to pass the education bill.

Prime Minister Emil Boc at that time said the Parliament allowed the Executive to seek a confidence vote to pass the education bill, adding the opposition made use of its constitutional right to submit a no-confidence motion. According to Boc, the presentation, debate and vote on the no-confidence motion is a right the Government enjoys, adding this right enables the Executive to determine whether it is still backed by the Parliament. The Government argued the Parliament's refusal to present and debate the no-confidence motion has no legal grounds and added the procedure must be followed to its end.

Early November, the Constitutional Court presented the motivation to a decision it ruled end-October, when it acknowledged a legal conflict on constitutional grounds between the Government and Parliament over the education bill, which the Government pulled from the Senate and sought to adopt through a confidence vote. According to the court's motivation, the Government's decision to withdraw the education bill from the Senate is groundless, as the adoption of the act was not that urgent, given the measures it includes would have applied starting with the 2011-2012 school year.

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