I. At its sitting of 28 June 2023, as part of the a priori constitutional review, the Constitutional Court unanimously dismissed, as groundless, the objection of unconstitutionality raised by MPs belonging to the Save Romania Union Parliamentary Group and non-affiliated MPs and found that the Law amending and supplementing Law No 286/2009 on the Criminal Code, as a whole, and, in particular, the provisions of point 10 [with reference to the amendment of Article 371 of the Criminal Code] of the Sole Article of the same law were constitutional in relation to the pleas lodged.
In essence, the Court noted that the competence to increase the special limits of criminal penalties and to regulate aggravated forms of criminal offences belonged exclusively to the legislator, according to its constitutional prerogative provided for in Article 61 (1) of the Constitution, which it exercises in accordance with the criminal policy of the State. Furthermore, the Court found that the provisions of point 10 [with reference to the amendment of Article 371 of the Criminal Code] of the Sole Article of the Law amending and supplementing Law No 286/2009 on the Criminal Code were clear, accurate and predictable, and not contrary to the principle of legal certainty.
II. The Constitutional Court also postponed, for 12 July 2023, the deliberations on:
– the objection of unconstitutionality raised by the Advocate of the People regarding the unconstitutionality of the Law amending Article 2 (4) of Government Emergency Ordinance No 155/2001 approving the program for the management of stray dogs; as well as
– the objection of unconstitutionality raised by MPs belonging to the Save Romania Union Parliamentary Group and non-affiliated MPs regarding the unconstitutionality of the Law amending and supplementing Government Ordinance No 27/2011 on road transport.
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The decisions are final and generally binding.
The arguments retained as grounds for the solutions delivered by the Constitutional Court shall be presented in the decisions, to be published in the Official Gazette of Romania, Part I.
External Relations, Press and Protocol Department of the Constitutional Court of Romania