21 May 2021

On Friday 21 May 2021, the Constitutional Court of Romania and the Constitutional Court of the Republic of Moldova organised an online seminar under the joint programme dedicated to constitutional review exercised by the two high jurisdictions. The programme is addressed to the assistant-magistrates of the Constitutional Court of Romania and the judicial assistants of the Constitutional Court of the Republic of Moldova and is coordinated by Mr Benke Károly, Assistant-Magistrate-in-chief at the Constitutional Court of Romania, and by at the Constitutional Court of the Republic of Moldova.

In his speech at the seminar, the President of the Constitutional Court of Romania, Professor Valer Dorneanu, PhD, stressed the fundamental role that the constitutional courts play in defending the rule of law and the need to establish and maintain a permanent dialogue between the two constitutional courts. He also welcomed the efforts made by assistant magistrates and judicial assistants for the smooth running of the seminars, highlighted the high quality of the presentations and encouraged the exchange of ideas between them, ensuring the participants of his full support.

At the seminar, the following papers were presented on behalf of the Constitutional Court of the Republic of Moldova:

Abstract review, concrete review and powers of the European Court, paper presented by Mr Teodor Papuc, Deputy Chief Secretary;

Finding of the circumstances justifying the dissolution of Parliament. Recent case-law of the Constitutional Court of the Republic of Moldova, paper presented by Mr Dumitru Avornic, Acting Head of Legal Aid Directorate;

– Penalties for non-compliance with measures for prevention of and/or fight against epidemic diseases (COVID-19 case), paper presented by Mr Gheorghe Reniță, Judicial Assistant.

On behalf of the Constitutional Court of Romania, the following papers were presented:

Fundamental rights and emergency ordinances in the context of the COVID-19 pandemic. The emergence of legislative parallels as a result of the concurrent exercise of the legislative powers of the Parliament and the Government, paper presented by Mrs Valentina Bărbățeanu, Assistant-Magistrate;

Constitutional requirements for the establishment of a state of alert. Case-law of the Constitutional Court, paper presented by Mrs Patricia Marilena Ionea, Assistant-Magistrate.

The seminar was widely attended by assistant-magistrates/judicial assistants, and the issues of law that formed the subject of the presentations were subject to discussion and debate.

Both sides appreciated the usefulness of the seminar and the need to continue the collaborative programme started in September 2020.