August 28, 2021
The Explanatory Memorandum, Published
After the “Preamble” of the Law and the sub-chapter “Description of the present state of affairs” of the Explanatory Memorandum to #TheSovereigntyLaw, from today we shall set out one article (or, in some cases, one paragraph) at a time from our legislative draft.
Today, “Article 1.
Limitations of the fundamental rights and freedoms of man may not be established by normative administrative acts.”
In the Explanatory Memorandum we said only that:
“In Chapter I there are adopted new rules or legislative amendments aimed at consolidating the rule of law and protecting the higher and sovereign interest of the Romanian people and citizen.
Article 1 excludes the possibility of limiting the fundamental rights and freedoms of man by normative administrative acts, thus restoring the supremacy of the Constitution and of the rights established by it for the Romanian citizen, seen as the legitimate beneficiary of constitutional rights and the sole holder of national sovereignty. Eliminated by this means is the possibility of instituting arbitrary limitations of fundamental rights by administrative entities which are devoid of the right to legislate or to establish restrictions of rights and freedoms. The aim pursued by this means is the consolidation of the principle of the separation of powers of the state and of constitutional democracy — principles according to which the Romanian state is organised in conformity with article 1 para. 4 of the Constitution.”
Of course, we could also have said that the reaffirmation of this Constitutional principle has as its purpose the restoration of normality in the midst of a period of Constitutional aberration and absurdity, in which by Government Decisions — normative administrative acts, and therefore of infra-legal status — limitations of fundamental rights of the citizen are established.
We did not go into further detail in the Explanatory Memorandum, however… it would have been superfluous even for a primary-school pupil.
Of course, these Government Decisions are issued on the basis of a law which is itself unconstitutional — Law 55/2020. A law which will meet the fate it deserves, a fate you will discover in only two days.
Until then, if you agree with the principles promoted by the Sovereignty Law, sign up as a volunteer in the #ArmyOfSovereignty at http://VremSuveranitate.ro/ !
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