The accountability for the education law 'may continue'

The Constitutional Court judges have decided, by majority of votes, that there is a legal constitutional conflict between the Government and Parliament due to the Parliament's refusal to debate the motion of censure filed by the opposition in the case of the Government's accountability for the education law, authorized sources have told România Actualităţi reporter Mădălina Radu.

According to the Constitutional Court, a motion of censure once filed cannot be dropped.

The Romanian Constitutional Court judges met Wednesday to deliberate on Prime Minister Emil Boc's demand to solve the legal constitutional conflict between the Government and Parliament regarding the draft law on the national education.

On November 15th, the government sent a request for the settlement of the constitutional legal conflict between the Executive and the Parliament, stating that this conflict is generated by the Parliament's refusal to allow the presentation and discussion of the motion of censure, which was filed as a result of accountability for the education law.

Last week, the Court postponed the deliberations for this case, after heaving heard the Presidents of the Senate and the Chamber of Deputies, Mircea Geoană and Roberta Anastase, as well as Prime Minister Emil Boc, the author of the referral.

The procedure of the Government's accountability for the education law has also generated a conflict between the Legislative and the Executive, which was discovered early this month by the Court's judges, upon the notification of the Senate's president.

Then, the Court decided by majority of votes that the Government's accountability for the education law is unconstitutional, as the draft law is on the process of lawmaking at the Senate, as a decisional Chamber.

In the resolution, the constitutional judges pointed that they could not oblige the Government to abandon the procedure of accountability, as they have no jurisdiction in this matter and that the solution exclusively belongs to the public authorities in this conflict.

At the same time, the Court said that the Government's accountability for the legal act has no resolution, because the urgency that has caused such a measure cannot be justified, as long as the education law is applied starting with the 2011-2012 school year.


Translated by Iulia Florescu and Andreea Velicu
MA Students, MTTLC, Bucharest University