The Parliament decision by which a state of emergency was instituted for the period between April 1 and May 30 was declared unconstitutional. The Constitutional Court passed its judgment on April 28 after examining and partially accepting the challenges filed by MPs Sergiu Litvinenco, Veronica Roșca and Octavian Țîcu, IPN reports.
PAS MP Sergiu Litvinenco said that both the procedure for proposing declaring a state of emergency and the procedure for registering the initiative and putting it to the vote in Parliament were conducted with flagrant violations of the constitutional provisions and of the CC’s case law concerning the powers of the outgoing Government. The proposal to declare a state of emergency must be submitted by the Government or the President, but the draft decision put by Parliament to the vote was put forward by a group of MPs.
For his part, Octavian Țîcu said the Parliament decision of March 31 didn’t follow all the stages of the lawmaking process. The Parliament assumed a role that is not within its remit – the initiative was proposed by MPs Vasile Bolea, Alexandr Suhodolski and Alla Dolința. Also, the decision does not stipulate the urgent measures that should be taken by the Commission for Exceptional Situations, but this runs counter to the Constitution and to the law on the state of emergency, siege or war.
As a result of deliberations, the Court held that the Parliament decision by which a state of emergency was declared is unconstitutional. The Court yet rejected the part concerning the Government decision to propose declaring a state of emergency.
The decision is final, cannot be disputed, takes effect when it is adopted and is published in the Official Gazette. CC judges Vladimir Țurcan formulated a separate opinion in this case.
