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No access to a court was provided in the bill. The Court declared the law unconstitutional on grounds of a breach of privacy rights, access to justice and due process, and legality clarity, precision and predictability of the norm. The Court reasoned that such an amendment would have hampered the fulfilment of international commitments anti-corruption treaties ratified by the country prior to EU accession , the stability of state institutions and, by implication, the trust of the citizens in state institutions.
The position of the Constitutional Court is that the executing court has no authority to rule on the merits of the measure taken by the judicial authority requesting the surrender. The reference was based on Arts. Constitutional rights were not mentioned in the preliminary reference. The question whether constitutional rights could be considered by the referring court, on the basis of Art.
Conflicting views persist with respect to the question whether ordinary courts can rely on Art. Thus, the referring court motivated the request for a preliminary reference exclusively on the basis of fundamental rights guarantees deriving from EU law the Charter and general principles of EU law, which include the ECHR. Whilst no statistical studies are available, examples of refusal to execute an EAW, grounded in breaches of fair trial guarantees, can be found in the practice of the appeal courts.
According to the Constitutional Court, this provision entails the premise that the primary lawmaker, by parliamentary statute, or the delegated legislator i. For instance, when a Constitutional Court decision declared the decriminalisation of libel and slander unconstitutional on the grounds of a breach of dignity, conflicting interpretations arose in practice. The overall complexity entailed by the interpretation of the principle of legality of incrimination is not yet reflected in, and no jurisdictional conflicts have as of yet arisen with regard to, the interpretation of the EAW transposition law, due to the institutional reservations to deal with the matter of judicial cooperation.
The Constitutional Court invariably rejects all exceptions of unconstitutionality concerning Law No.
The Constitutional Court has interpreted Art. For instance, a very recent decision declared unconstitutional an article of the new Criminal Procedure Code which authorised the rendering of rulings on granting revision relief an extraordinary appeal with the participation of the prosecutor but without citing the parties.
In absentia is defined as justified impossibility to take part in the proceedings and inability to notify the court of the matter or lack of citation or official notice.
The term for introducing such action is relatively stringent, i. The former criminal procedure code did not provide for the possibility of the court to suspend the execution of the initial sentence after reopening the proceedings. The rate of acquittal is well under the European average. Romania is a recent Member State where enthusiasm for accession was not yet been blunted by qualifications and reservations regarding the proper course of integration.
By the same token, Romanian legal doctrine is still characterised by a strong positivistic penchant and a relatively rudimentary strain of positivism.
More generally, few writings exist on the impact of Europeanisation on judicial culture. In the case of the judiciary as such, the openness towards dialogical incursions and international networking are coupled with an increasing isolation from all internal accountability mechanisms: in the name of judicial independence, the Superior Council of the Magistracy has been virtually isolated from all social or political levers of responsibility and, moreover, this original transposition of the French-Italian model has subsequently been progressively shielded by the Constitutional Court from future amendments see Sects.
One could safely say that anticorruption criminal policy functions almost as a quasi-constitutional phenomenon, insofar as it significantly affects both the operation of the political-constitutional systems as such, and patterns of institutional discourses and structures of justification. The focus on anti-corruption as a determining criterion in the monitoring of the new Member States is a more general recent tendency of the Union 55 which may by virtue of a ratchet effect generate new EU constitutional vocabularies and institutional developments.
Whether or not it will be explicitly called so in the constitutive treaties, a European constitutional area which includes quasi-constitutional vocabularies such as anti-corruption has crystallised at the interface of national and international guarantees. The post-accession CVM mechanism was initially scheduled to lapse after three years in but has in the meanwhile been extended, seemingly indefinitely.
The judicial reform and the related anti-corruption benchmarks have taken the upper hand in the monitoring. NAD has jurisdiction over mid- and high-level corruption, defined ratione materiae by the value of the bribe or prejudice that has to exceed 10, and , EUR, respectively. In practice, the office is fully autonomous, since the symmetrical modes of appointment and tenures of both the General Prosecutor and the Chief Prosecutor of the NAD in practice guarantee the functional independence of the anti-corruption prosecutorial office within the Public Ministry.
The Court noted that such amendments were not of a nature to alter its position, insofar as the provisions continued to be open-ended and the law did not seek to limit the number of individuals and officials with access to such data to the greatest degree possible. Only unsupervised access to data was deemed constitutionally suspect, insofar as privacy and secrecy of correspondence are concerned. According to the Court, [T]he Court appreciates that the nature and specificities of the first stage, insofar as the lawmaker deems the storage necessary, does not in and of itself impinge upon the exercise of the right to private and family life or the secrecy of correspondence.
Neither the Constitution nor Court precedents forbid preventive retention and storage, inasmuch as use of the data is accompanied by adequate safeguards and is not disproportionate in nature. A significant part of the ruling grappled with a peculiarity of recent Romanian legislation, i.
This mandate, the justices observed, unlike the request of a prosecutor which must be sanctioned by the judge of rights and liberties , was not controlled by a court or indeed by any external body.
The impugned act would have in effect granted broad, almost unfettered supervisory discretion over data and internet network security policy to the Romanian Intelligence Service SRI. Thus, it was not challenged before promulgation, and the Ombudsman raised no direct exception of unconstitutionality before the Court.
The reluctance of the Constitutional Court to sanction the incorporation by reference of administrative acts e. The measures agreed with the lenders did not single out pension or salary cuts see, for instance, the Memorandum of Understanding with the European Commission of 23 June , which recommended only foregoing scheduled salary increases and replacing departing public employees at a rate of 1 to 7.
It provided for a restructuring of public institutions entailing also, under certain conditions, the firing of redundant public service employees , the rationalisation of public expenditures by The Constitutional Court was seized of the issue in abstract review, by virtue of an objection of unconstitutionality raised by the parliamentary minority.
The objection identified various procedural and substantive flaws. In terms of procedural flaws, the complainants argued that the plea of necessity under Art. Moreover, the parliamentary challenge was based on the reasoning that, according to Art.
A second procedural argument was less dramatic in nature.