Analiza publicata pe blogul
Press-release publicat, vineri 6. iulie 2012, de deputatul federal Günther Krichbaum, deputat federal colegiul Pforzheim:
Günther Krichheim, deputat federal Uniunea Crestindemocrata, colegiul Pforzheim:
Puci împotriva instituţiilor statului român
„În legătură cu procedura de suspendare iniţiată de Parlamentul României împotriva preşedintelui Traian Băsescu şi cu restrângerea atribuţiilor Curţii Constituţionale oferă lămuriri deputaţii Michael Stübgen, purtător de cuvânt pentru afaceri europene al grupului CDU/CSU din Parlamentul federal German şi Gunther Krichbaum, preşedintele Comisiei pentru Afaceri Europene a Bundestag-ului.
„Grupul CDU/CSU din Bundestag observă cu mare îngrijorare transformarea structurilor statale ale României într-o democraţie ghidată. Solicităm refacerea statului de drept. În aceste condiţii accesul României în spaţiul Schengen este pus serios sub semnul întrebării.“
Sursa informationala: Gunther Krichbaum MdB
Odată cu schimbările politice radicale şi începutul căderii regimului Băsescu, România se vede pusă la zid de cei care ar trebui să o reprezinte în lume. Pentru aceştia, pierderea puterii lor personale, înseamnă “ameninţarea democraţiei”, etc. Ofensiva de imagine antiUSL este dirijată de la Bruxelles de parlamentarii europeni PDL. Iată un document cu totul relevant trimis de Monica Macovei colegilor d-sale în care dă dovadă de un zel demn de o cauză mai bună.
From: Cabinet Monica Macovei [firstname.lastname@example.org]
Sent: Sunday, July 08, 2012 2:42 PM
To: Cabinet Monica Macovei
Subject: Romania, July 3-6: Facts and Laws
I attach a short document in English, explaining the events (facts and laws) of July 3-6, 2012, in Romania, when a procedure for the suspension of the President of Romania took place.
I believe it is a clear document, written by a lawyer for people with non-legal backgrounds.
Marilena Stancu / Assistant to MEP Monica Macovei / Alecu Russo 13-19, Ap. 3, Sector 2 /Bucuresti – 020522, Romania /Tel/Fax: (+4) 0216191989 / Mobil: (+4) 0726385038 /www.monicamacovei.eu /Romania: July 3 – 6, 2012 /
Facts and Laws
July 3, 2012
The Ombudsman is replaced by the Social Liberal Union (USL) majority -in power since May 2012. Replacement is contrary to the law: Art. 9/2 of Law 35/1997 reads that the Ombudsman can be revoked following „a violation of the Constitution and of the laws, … upon the joint report of the Parliamentary Juridical Committees”. The extraordinary parliamentary session to revoke and replace the Ombudsman was called in the absence of any report from the Juridical Committees. The new Ombudsman, Valer Dorneanu has been member of the Social Democrat Party for 10 years (2000-2010) and 4 years member of the Chamber of Deputies.
Important: only the Ombudsman can challenge the constitutionality of Emergency Ordinances adopted by the Government. Emergency Ordinances will be adopted the next days, as follows.
July 4, 2012
Ponta Government adopts the Emergency Ordinance no. 38 modifying Art. 27 of the law on the Constitutional Court (law 47/1992).
Article 27 before the change: “The Constitutional Court decides on the constitutionality of the Parliament’s rules of procedures, decisions of the Chamber of Deputies, decisions of the Senate and decisions of the plenary of the two Chambers jointly upon the complaint of one of the spokesperson, a parliamentary group or at least 50 deputies or 25 senators”.
Article 27 after the change: “ The Constitutional Court decides on the constitutionality of the Parliament’s rules of procedures upon the complaint of one of the spokesperson, a parliamentary group or at least 50 deputies or 25 senators” (the part in bold was eliminated)
(i) Important: the suspension of the President will take place on July 6th by a “decision” of the Parliament, which will be outside the jurisdiction of the Constitutional Court after this change.
(ii) This Emergency Ordinance is published on the same day in the Official Journal (Monitorul Oficial nr. 445/4 iulie) and enters into force.
(iii) This Emergency Ordinance breaches Article 115/6 of the Constitution: “Emergency Ordinances cannot be adopted in the area of constitutional laws and they cannot interfere with the state fundamental institutions’ regime”. This Emergency Ordinance interfered with Parliament and Constitutional Court regime; it was adopted exactly in the area of a constitutional law; urgency cannot be justified; a legislative proposal operating the same change had been adopted by the Parliament a few days ago and was before the Constitutional Court (CC); the Emergency Ordinance copy pastes this change without waiting for the CC decision. Complaints addressed to the Ombudsman remained unanswered. Ombudsman is silent.
July 5, 2012
The procedure to suspend the President starts: the claim that the President perpetrated „ serious facts that violated the Constitution” is read in the Parliament. President replies.
The vote on the suspension is scheduled for the next day, July 6.
Crin Antonescu, the head of the Liberal Party, newly appointed spokesperson of the Senate asks the Constitution Court to issue its „opinion” until next day 12.00, and states that the Parliament will go ahead even without the Court’s opinion. The Constitutional Court’s opinion is required by Art. 95 of the Constitution, which does not provide for any deadline. Such a request had never been done since 1990.
In the evening, Ponta Government adopts the Emergency Ordinance 41 modifying Art. 10 of the Law 3/2000 on the Referendum. It is published in the Official Journal the same day and enters into force:
Art. 10 before the change: „The dismissal of the President is approved with the majority of the votes of the citizens registered in the electoral lists.”
Art. 10 after the change: „By derogation from Art 5/2*, the dismissal of the President is approved with the majority of the citizens participating at the referendum”.
*Art. 5/2: „The referendum is valid if at least half plus one of the persons registered in the permanent electoral lists participate at the referendum”.
Important: (i) the change refers only to the referendum for the dismissal of the president; for any other referendum the validity requiring the majority of the persons registered in the electoral lists was not changed; (ii) the rules on the referendum to dismiss the President have been changed in the middle of the suspension process.
July 6, 2012
14.00: the Constitutional Court issues its „opinion”: it does not provide a clear yes or no for the whole claim, but it does not say, at any of the claims, that they were „serious facts that violated the Constitution”. One of the judges with the CC claims she had been seriously threatened and tabled a complaint with the General Attorney.
17.00: The Parliament debates the suspension and votes; although the spokesperson of the Senate announces at the beginning of the session that the „opinion” of the Constitutional Court will be read in the plenary, the CC opinion is not read and the objections raised by the opposition are rejected; the entire procedure ends at about 20.00. President is suspended with 256 votes through a decision of the Parliament. The date for the referendum to dismiss or not the President is set for July 29.
The suspension procedure lasted two days and laws were changed days before and during the procedure.