Romanian PM: Decree On Early Repeal Of Laws Allows Parl To Annul Non-Enforced Codes

Romanian Prime Minister Emil Boc said the decree repealing laws before they enter force allows the Parliament to annul the Criminal Code adopted during the mandate of former justice minister Rodica Stanoiu, which was not yet enforced, and to avoid the simultaneous enforcement of two Criminal Codes.

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Boc pointed out Monday on national radio that the decree creates a legal frame allowing the Parliament, not the Government, to evade the enforcement of the Criminal Code adopted during Stanoiu’s mandate and the Criminal Code for which the government is to take responsibility in Parliament.

Boc said he also explained the rationale behind the decree during the meeting of the ruling coalition, adding all aspects were cleared out.

Romanian social democrats on Monday urged the government to repeal, within its meeting on Wednesday, Ordinance 61/2009 whereby, upon adoption, normative acts can also be amended, or if necessary, annulled, prior to their coming into effect, stressing they will reject this act in Parliament.

On June 10, the government decided through an emergency decree that normative acts can also be amended or annulled upon adoption and 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.

The Romanian Legislative Council has urged the Government to reconsider its proposal that normative acts be amended or repealed before they enter force, explaining that such procedures cannot be found in the laws of other European states and they should be reserved for exceptions, such as the Codes.

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