07.03.2012

PRESS RELEASE

The Public Information and Press Relations Bureau within the Prosecutor’s Office attached to the High Court of Cassation and Justice is authorized to bring to public knowledge the following:

The General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice forwarded to the High Court of Cassation and Justice, to be analyzed, a request regarding the New Lustration Law, concerning the attributions pertaining to the Supreme Court within the frame of apriori constitutionality control, regulated by provisions of the Article 46 letter a from the Romanian Constitution and of the Article 15 paragraph 1 of Law no 47/1992.

The arguments point, first of all, to the aspects of legislation technique, as in the content of the new Lustration Law there are non-compliances, like the fact the provisions of Article 3 paragraph 6 do not fit in this law’s assembly, and the provisions of Article 6 do not corroborate with the provisions of Article 3 paragraph 5 of the same law.

Another example, in the meaning of the above mentioned arguments, is given by the non-compliance of the new Lustration Law with the provisions of Article 53 from the Constitution, that state: „the exercise of some rights and liberties may be restraint only by law and only if imperative, as the situation requires for: the defence (…) and public ethics (…), but the content of the new law is enlarging the area of incompatibilities and interdictions by introducing some provisions generating discriminations regarding the professional body of the magistrates.    

At the same time, this regulatory law did not take into consideration the Constitutional Court resolution no. 820/07.06.2010, by which a previous project, from the same regulation area was rejected, also within the frame of apriori constitutionality control.

So, the new Lustration Law establishes a collective sanction, based on a collective accountability manner and on a global culpability, which is against the law principles, rule of law, innocence assumption established by Article 23 paragraph 11 of the Romanian Constitution.