September 14, 2021
Penalties for Unconstitutional Norms
#TheSovereigntyLaw punishes the act of the public servant of applying any legal norms declared unconstitutional by Decision of the Constitutional Court of Romania. Of course, the amendment made by article 9 paragraph 8 of the Sovereignty Law to art. 297 of the Criminal Code — “Abuse of office” — is chiefly addressed to those prosecutors and judges who wilfully ignore and fail to observe the Decisions of the Constitutional Court, this amendment being the only way of compelling the authorities and the magistrates strictly to observe those Decisions.
“Article 9
Law no. 286 of 17 July 2009 on the Criminal Code, published in the Official Gazette no. 510 of 24 July 2009, as subsequently amended and supplemented, is amended and supplemented as follows: (…)
(8) In article 297, after paragraph (2), a new paragraph is introduced, para. (3), with the following content:
‘(3) The act of a public servant of applying any legal norms declared unconstitutional by Decision of the Constitutional Court of Romania is punished by imprisonment of from 7 to 10 years.’”
Explanatory Memorandum:
“Article 9 amends Law no. 286/2009 — the Criminal Code, bringing the legislation in this field into accord with the latest decisions of the Constitutional Court, and also with the legislative amendments introduced by the present legislative proposal. (…)
Paragraph 8 introduces a third paragraph to article 297 of the Criminal Code — Abuse of office — in which there is criminalised any act of a public servant or person assimilated thereto of applying norms declared unconstitutional by the Constitutional Court. The amendment to the text of the criminal law was made with the aim of strengthening the observance of the rights of the Romanian citizen, and also of strengthening the force of the Decisions of the Constitutional Court by criminalising any act infringing them — all having as their ultimate aim the strengthening of the rule of law and of the Constitutional order in Romania, both being considered to be the very foundation of national sovereignty.”
TO BE CONTINUED.
Postscript:
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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