EFOR Policy Brief

The Statute of MPs – Easier to Bury a Case

Brass Scales Of Justice Off Balance, Symbolizing Injustice, Over WhiteThe amendments to the law on the status of parliamentarians are very dangerous. Approved overnight without any public consultation, they would make it easier to stop investigations on ministers and former ministers and to deny the requests for arrest, detention and search on MPs at the Committee, Laura Stefan warns in our latest Policy Brief.

In short,

Only approvals by the Minister of Justice of the requests would be discussed in the plenum; there are no clear deadlines for the analysis of requests detention, arrest or search and it is not clear what documents should accompany the request of the minister of justice (eg, the file).

On incompatibilities, the law sets up a parallel procedure to that of ANI, perpetuating the practice to involve Parliament in matters unrelated to its work

Our solutions are:

 

1. To challenge the law at the Constitutional Court before promulgation – this can be done by a group of MPs (50 deputies or 25 senators), or by the President of Romania.

2. To refer the law back to Parliament – this can be done by the President of Romania to address the issues highlighted above by the Parliament itself.

 

We remind that these aspects are closely monitored by the European Commission under the Cooperation and Verification Mechanism. A proper consultation with the civil society on an initiative of this importance would have eliminated many of the errors listed above. Unfortunately, the adoption of laws overnight and without consultation with those concerned has negative effects on their quality, as it can easily be seen in this case.


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