Romania's Constitutional Court finds 10 unconstitutional articles in fundamental law revision

17 February 2014

Romania's Constitutional Court has declared 10 articles of the country's recently revised constitution are unconstitutional because they violate or affect fundamental rights.

The court is currently reviewing the Constitutional revision draft, an updating of the constitution undertaken by law makers last year.

It has gone through about 100 articles, according to Augustin Zegrean, the president of the Constitutional Court, Romania's highest judicial body.

“So far, there were articles that were found to be in contradiction with the article 152, paragraph 2, in the Constitution, which can’t be reviewed because they violate or affect the fundamental rights,” said Zegrean, quoted by local news agency Mediafax.

The article 152, referring to the “limits of the revision”, establishes in the second paragraph that “no revision can be made if it results in the suppression of the fundamental rights and freedoms of citizens or their guarantees,” reports Mediafax.

When asked how many articles were found unconstitutional, Zegrean said that there were around ten or less.

In some cases, Constitutional Court judges have made recommendations, including rewriting, realignment of the texts, or replacement of phrases in the text, he added.

The Constitutional Court started to debate the draft amendments to the Constitution on Friday (February 14) .

Irina Popescu, irina.popescu@romania-insider.com

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Romania's Constitutional Court finds 10 unconstitutional articles in fundamental law revision

17 February 2014

Romania's Constitutional Court has declared 10 articles of the country's recently revised constitution are unconstitutional because they violate or affect fundamental rights.

The court is currently reviewing the Constitutional revision draft, an updating of the constitution undertaken by law makers last year.

It has gone through about 100 articles, according to Augustin Zegrean, the president of the Constitutional Court, Romania's highest judicial body.

“So far, there were articles that were found to be in contradiction with the article 152, paragraph 2, in the Constitution, which can’t be reviewed because they violate or affect the fundamental rights,” said Zegrean, quoted by local news agency Mediafax.

The article 152, referring to the “limits of the revision”, establishes in the second paragraph that “no revision can be made if it results in the suppression of the fundamental rights and freedoms of citizens or their guarantees,” reports Mediafax.

When asked how many articles were found unconstitutional, Zegrean said that there were around ten or less.

In some cases, Constitutional Court judges have made recommendations, including rewriting, realignment of the texts, or replacement of phrases in the text, he added.

The Constitutional Court started to debate the draft amendments to the Constitution on Friday (February 14) .

Irina Popescu, irina.popescu@romania-insider.com

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