Judgment no. 25 of 08.12.2011

JUDGEMENT On constitutionality control of articles 25 para.(1), 26 and 27 clause 1) and 7) of the Law no.64-XII of May 31, 1990 on the Government, as subsequently amended and supplemented (Complaint no.26a/2011)


The subject of complaint: Member of Parliament
Type of judgment: constitutional review of laws, regulations and decisions of the Parliament
Provision: provisions declared constitutional



Application:
1.


Communication:
1. ( 08.12.2011)


1. The case originated in the complaint lodged with the Constitutional Court on August 1, 2011 pursuant to articles 135 para.(1) let.a) of the Constitution, 25 para.(1) let.g) of the Law on the Constitutional Court and 38 para.(1) let.g) of the Code of Constitutional Jurisdiction by the Members of the Parliament Tudor Deliu, Valeriu Streleţ, Gheorghe Mocanu, Grigore Cobzac, Nae-Simion Pleşca, Elena Frumosu, Maria Nasu, Lilia Zaporojan for constitutionality control of article 26 of the law no.64-XII of May 31,1990 on the Government, regulating the establishment and the activity of the Government Presidium. 2. The authors of the complaint claimed, in particular, that the Government Presidium did not have a constitutional basis and was an instrument of full usurpation/substitution of the tasks of the Prime Minister and the Government in decision making and that the challenged decisions were contrary to articles 1 para. (3), 96 para (1), 97, 101 para (1) and 102 para (5) of the Constitution. 3. On September 29, 2011 the complaint was completed based on the request to extend the scope of the complaint on the provisions of articles 25 para.(1) and 27 clause 1) and 7) of the Law on the Government, as related to the provisions of article 26 of the law. 4. By decision of the Constitutional Court of August 25, 2011 the complaint was declared acceptable, without prejudicing the merits of the case. 5. During the examination of the Complaint, the Constitutional Court requested the opinions of the Parliament, the Government and the ministries. 6. At the public plenary session of the Court, the authors of the complaint were represented by Mr. Tudor Deliu, Member of the Parliament. The Parliament was represented by Sergiu Chirica, Senior Consultant at the Legal Department of the Parliament s Secretariat. The Government was represented by Mr. Oleg Efrim, Minister of Justice.
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