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Tag: Romanian Chamber of Deputies

  • Priorities of the new parliamentary session

    Priorities of the new parliamentary session

    On February 1, Romanian senators and deputies began a new parliamentary session, the first this year and the penultimate of the legislature. The priorities of the ruling Social Democratic Party and National Liberal Party include the bills needed to reach the milestones in the NRRP, so that Romania can submit payment requests to receive the allocated European funds. At the same time, the Social Democrats and Liberals established their strategy for the new legislative session in separate meetings. Bills on gambling and combating drug use are among the Social Democrats priorities.



    Prime Minister Marcel Ciolacu, leader of the Social Democratic Party, has also announced a legislative initiative regarding the capping of interests on loans from non-banking institutions. According to him, the total amount that will be reimbursed will no longer exceed twice the amount obtained through the loan.



    Marcel Ciolacu: “I would like this law to pass in February. I think its a lot, it gets as high as 1,000%. Even if the amounts are small, you take a loan of 500 lei (or 100 euros), and you end up paying an interest of 1,000% because the law allows it… its a bit much.”



    The priority announced by the Liberals is a firm legislation to combat and prevent drug use. The Minister of Justice, Alina Gorghiu, called on all parliamentarians to adopt bills in an emergency procedure. Alina Gorghiu:


    ” The setting up of the National Register of Drug Traffickers; the 2 Mai Law, which stipulates that high-risk drug traffickers can no longer be released when they receive a sentence; and the third, the establishment of eight rehab and recovery centers for drug addicts.”



    In the new parliamentary session, the opposition parties want to stop potential tax increases and to prevent the violation of the Constitution. The nationalist leader of the Alliance for the Union of Romanians (AUR), George Simion, claims that merging europarlamentary and local elections is an unconstitutional process.



    George Simion: “This cannot happen, to vote mayors three months in advance, it creates instability. There is already a decision of the Constitutional Court; Elections for the European Parliament cannot be merged with another type of elections.”



    The Save Romania Union, also in opposition, has announced the start of the referral procedure to the Venice Commission regarding the scenario of merging the European parliamentary and local elections less than six months before the set deadline. If the parties in the ruling coalition agree to combine some of the elections that will take place this year, it is expected that the Parliaments agenda will also include the amendment of the legislation in this field, namely the Administrative Code. We remind you that this year, in addition to the European parliamentary and local elections, legislative and presidential elections will also take place in Romania. (MI)

  • MPs endorse measures to combat tax evasion

    MPs endorse measures to combat tax evasion


    Romanian journalists have been writing for years that, in the private sector, tax evasion is quasi-generalized. According to experts, its extent is difficult to quantify, but Romania is among the first in Europe. Car mechanics or plumbers who work illegally. Minibus drivers who collect money from passengers but do not issue tickets. IT workers paid thousands of euros per month, but with a contract of employment on the minimum wage in the economy. Construction companies that collect from beneficiaries triple amounts compared to those registered in documents.



    For many years also, all kinds of new characters appear at the head of the National Fiscal Administration Authority (ANAF), and promise, without exception, higher collections to the state budget, but fail to reach their assumed targets and are replaced by others, which continue the spiral of unfulfilled promises. However, the insufficient budget collections are the favorite excuse of all governments, right-wing or left-wing, single-color or coalition, for not making bigger investments in infrastructure and for not increasing pensions or salaries. On Tuesday, the Bucharest Chamber of Deputies adopted a set of additional measures to combat tax evasion. There were 182 votes for, 80 against and two abstentions for this draft law, initiated by the leaders of the government coalition, the Social Democrat Marcel Ciolacu and the Liberal Nicolae Ciucă, i.e. the current prime minister and his predecessor. Among other things, non-withholding of taxes and contributions, accounting documents for fictitious expenses, the execution of double accounting records or the use of cash registers that are not connected to the National Control Information System will be considered crimes.



    Depending on the seriousness of the offense, the punishments provided by the new normative act range between one and ten years in prison and are tougher for tax-evaders whove done it before. There is, however, the possibility of not getting punished if, for example, the damage does not exceed one million euros and its value increased by 15%, plus interest and penalties, is actually paid in full. In this situation, the competent bodies will not notify the criminal investigation bodies.



    From the opposition, the Save Romania Union (USR) deputy Stelian Ion, former Minister of Justice, claims that, through such provisions, the PSD-PNL coalition Government is only decriminalizing tax evasion. The accusations were rejected by the vice-leader of the National Liberal Party (PNL) group in the Chamber, Florin Roman, who accuses “a lot of nervousness among USR colleagues, that the fight against tax evasion is starting”. If it is not challenged at the Constitutional Court, the bill adopted by the Chamber of Deputies, as the decision-making body, will go to President Klaus Iohannis for promulgation. (MI)


  • No value threshold for abuse of service

    No value threshold for abuse of service

    Amending the Criminal and Criminal Procedure Codes is a milestone within the National Recovery and Resilience Plan, therefore an obligation assumed by Romania in exchange for the money promised by the European Union. The latest changes target abuse and negligence in the service. Coming from the Senate, where they had triggered a scandal, with the ruling coalition voting for a threshold of 250,000 lei up to which abuse and negligence in the service would not be considered a crime, the bills were drastically amended by the deputies, who eliminated any value threshold . They proceeded in this way, although the Ministry of Justice had proposed, according to the version adopted by the Senate and blamed by the opposition and the press, a much lower threshold, of 9,000 lei, from which the two acts would have been criminalized.



    Successive thinking and unthinking within the coalition, promptly criticized by the opposition parties, eventually led to the removal of the threshold for abuse of office. Thus, according to the article, the act of the civil servant who does not perform an act provided by a law or performs it in violation of a provision included in such a normative act, causing damage or an injury to the rights or legitimate interests of a natural or legal person is punishable by imprisonment from 2 to 7 years and loses the right to hold a public office. The threshold for negligence in the service was also removed, in which case the sanction is either imprisonment from 3 months to 3 years, or a fine. The absence of any value threshold could raise problems of unconstitutionality. The Court had previously established that a value threshold for the criminalization of the act is necessary, as long as a damage caused by the said act is calculated.



    Amending the Criminal Procedure Code has the potential to generate controversy too. The reason is that the possibility of using interceptions made by the specialized services as evidence in the case of several offenses, including tax evasion and corruption, has been maintained. Although part of the coalition, the Democratic Union of Ethnic Hungarians in Romania abstained from voting in this case. The leader of the party, Kelemen Hunor, said that the intelligence services have nothing to do with the criminal process. If the Romanian Intelligence Service has a role in the criminal process, we can no longer talk about independent justice and we are going back 10 years ago, the UDMR leader warned. The matter deserved a serious debate in Parliament. For years, the services have been accused by all parties of being involved in the political game, of opening cases that could compromise one politician or another. And the use as evidence in corruption processes of records obtained by services through specific means risks fueling suspicions on this topic. (MI)


  • Law on the extended confiscation of illegally acquired assets

    Law on the extended confiscation of illegally acquired assets

    The Romanian Chamber of Deputies, which is the decision-making body in this matter, has endorsed the bill regarding the extended confiscation of illegally acquired assets. The law provides for extended confiscation of property acquired by a convicted person over the period of five years prior to and, if necessary, after the crimes were committed, until the court notification is issued.

    The bill focuses on regulating the modification and completion of normative acts in the criminal field, with a view to transposing some European provisions into the national legislation. Therefore, assets owned by persons who got a final sentence of imprisonment for a period of four years or more, and which have been transferred to third parties, may be confiscated to cover damage to public or private property. Former Justice Minister and non-affiliated MP Ana Birchall says the measure will be applied to a much larger number of crimes, including abuse of office.

    Ana Birchall: By adopting this bill, extended confiscation will also be applied to malfeasance in office. Another important provision concerns the modification of the requirements necessary for the application of extended confiscation. Thus, the restrictions provided in the current regulation are eliminated, so that the court will be able to substantiate its conviction that the goods come from criminal activities based on any circumstances.

    The bill also provides that, in the case of property that may be subject to special confiscation or extended confiscation, the prosecutor must take precautionary measures to avoid concealment, destruction, alienation or evasion of the pursuit of such property. Also, the judicial body that ordered the extension of the criminal investigation or the change of the legal classification is obliged to inform the suspect about the new facts for which the extension was ordered or about the change of the legal classification.

    At the same time, the prosecutor orders the suspension of the criminal investigation only if, taking into account all the circumstances of the case, they consider that the suspect or defendant could not be heard at their current location or by videoconference or that their hearing would infringe upon their rights or affect the proper conduct of the criminal investigation.If the suspension of the trial is not ordered, the hearing of the suspect or defendant at the place where they are or by videoconference can take place only in the presence of the lawyer. On the other hand, the National Agency for the Management of Frozen Assets shall notify the appointed judge of any impediment or delay occurring during the enforcement of a special or extended confiscation measure. (M. Ignatescu)

  • Senate adopts changes to Criminal Procedure Code

    Senate adopts changes to Criminal Procedure Code


    With 74 yes and 28 no votes, on Wednesday the Romanian Senate passed a bill to amend the Criminal Procedure Code. The bill, which was initiated by the ruling Social Democratic Party and the Alliance of Liberals and Democrats, was rejected by the MPs of the National Liberal Party and the Save Romania Union, both in opposition. The senators approved all amendments proposed in a report by the special committee for the justice laws chaired by the Social Democrat Florin Iordache. The bill puts the code in agreement with 18 rulings of the Constitutional Court and transposes into the national legislation two European Union directives on the presumption of innocence and extended confiscation.



    Another change refers to the destruction of recordings used as evidence that have been obtained illegally. One of the most controversial amendments stipulates that a retrial may be requested if the judge has not signed or edited the text of the ruling. The opposition has criticised the amendments to the Code, saying they change the paradigm as far as the criminal legislation is concerned. What this means is that while the victim was in the centre of attention until now, from now on, says the opposition, the criminal will be the focus of the policy.



    The Liberal senator Alina Gorghiu says the amendments will turn things upside down in the field:


    “Most of these changes are solutions meant to slow down the activity of courts of law and prosecutors offices and which, obviously, within a very short period of time, if they come into force, will completely upset the activity of the judicial bodies and irreversibly weaken the justice system in Romania.”



    The Social Democrats have rejected the accusations of the opposition saying that the prolonged and transparent discussions in the special parliamentary committee have led to amendments that harmonise the legislation with rulings of the Constitutional Court and European Union directives.



    The chairman of the Senates legal committee, the Social Democrat Robert Cazanciuc:


    “I dont think we have a choice, at least not we, from the Social Democratic Party. If the National Liberal Party wants to choose not to comply with the rulings of the Constitutional Court, weve seen theyve been trying to do that recently. Were trying to find solutions to comply with the rulings of the Constitutional Court. We cant be passive and do nothing, because we would be at odds with the very purpose of this committee. We have made the choice not to treat fundamental rights as a whim.”



    After the Senates adoption of the changes to the Criminal Procedure Code, the bill will next be debated by the Chamber of Deputies, the decision-making body on this matter. (translated by Cristina Mateescu)


  • March 20, 2018 UPDATE

    March 20, 2018 UPDATE

    PARLIAMENT — The laws on the judiciary were endorsed by the Chamber of Deputies on Tuesday, and are to be submitted to the Senate for a final vote. Previously, a special parliamentary committee passed the bill on the magistrate profession and the one regulating the organisation of the Higher Council of Magistracy. On Monday, the same committee passed the 3rd law in this package, the one concerning the organisation of courts. The bills were brought in line with the decisions of the Constitutional Court, after the Opposition and the High Court of Cassation and Justice challenged the changes adopted by Parliament. These changes include by-passing the President of Romania in the procedure for appointing the chiefs of the Supreme Court, and transferring this role to the Higher Council of Magistracy. The National Liberal Party and Save Romania Union, in Opposition, announced that the new amendments give them reasons to bring the new justice laws before the Constitutional Court again. In fact, Save Romania MPs resorted to an unusual protest in the Chamber of Deputies, where they lined up wearing T-shirts that read “#NoCriminals”. Some of the changes originally operated on the justice laws have generated large-scale protests among civil society and magistrates.



    LA FRANCOPHONIE – On Tuesday, the Romanian Government hailed the celebration of the International Francophonie Day, and Prime Minister Viorica Dancila said that Romania was known as a beacon- state of Francophonie in Central and Eastern Europe. The Romanian Prime Minister stated that the group of francophone countries was among the first international structures that Romania joined after 1989. In 1991, Romania got the status of observer, and in 1993 it became a full member of the International Organisation of La Francophonie. In 2006 it played host to one of the organisation’s summits. Between December 2018 and July 2019, Bucharest and Paris will organise the Romania — France season, a large-scale joint project focusing on contemporary culture and creativity, as well as areas such as education, economy, sports and tourism.



    CRIMEA – The Romanian Foreign Ministry stated on Tuesday that Romania did not recognize the illegal annexation of Crimea and of the city of Sevastopol by the Russian Federation, and therefore it did not recognize the organisation of elections on that territory. Romania’s stand is shared by the other members of the EU as well. In a communiqué, Romania reaffirms its support for the sovereignty and territorial integrity of neighbouring Ukraine, within its legally acknowledged borders. Some 1.5 million voters were called to the polls in Crimea on Sunday to elect the president of Russia, exactly four years since the annexation of the peninsula.



    SECURITY – The activities carried out in 2017 by institutions with security responsibilities in Romania and the main objectives for 2018 were high on the agenda of Tuesday’s meeting of the country’s Supreme Defence Council, headed by President Klaus Iohannis. The members of the council also analysed the activity of the structures responsible for cyber-security and other topics of interest with regard to national security. Seen as the umbrella of strategic ministries and enforcement institutions, the Supreme Defence Council gathered at the meeting top figures such as the Prime Minister Viorica Dancila, the ministers of internal affairs, external affairs, justice, economy and finance, the Director of the Romanian Intelligence Service Eduard Hellvig, the Deputy Director of the Foreign Intelligence Service Silviu Predoiu and the Chief of the Romanian Army’s General Staff, General Nicolae Ciuca.



    BREXIT — The European affairs ministers of the EU member states, including the Romanian Minister Victor Negrescu, discussed in Brussels on Tuesday the post-Brexit relations between the Union and the UK. On the occasion, the European Commission’s chief negotiator Michel Barnier presented the general principles for the transition period, i.e. March 2019 to December 2020. Previously, Barnier and London’s negotiator David Davis had announced having reached an agreement on these guidelines, which concern, among other things, the rights of the around 4.5 million European citizens living in the UK and the 1.2 million Britons in the EU. At the end of this week the text will be discussed by the EU leaders during a meeting of the European Council.



    PROTESTS — In Bucharest, the SANITAS trade union federation on Tuesday picketed the headquarters of the Ministry for Public Finances. Unionists demanded, among other things, the implementation of pay raises for all healthcare and social assistance personnel as of March 1, the scrapping of the ceiling on bonuses and the offsetting of the income decrease caused by the implementation of a new pay scheme on January 1. Also on Tuesday, representatives of the National Federation of Trade Unions in Industry picketed the Economy Ministry, against the backdrop of discontent with the law regulating the national defence industry. The union president, Ioan Neagu, said that at the beginning of the year the Government was supposed to issue a resolution to regulate the number of employees that this industrial sector may absorb per year.



    MOLDOVA – The pro-Russia socialist president of the Republic of Moldova Igor Dodon claims that Romania might become Moldova’s number one enemy, if it continues to support unionist movements. The former Moldovan ambassador to Bucharest Iurie Renita has termed the statement hysterical, and by no means reflecting the view of the majority population in Moldova. Dodon has accused Romania before of having tried to interfere with the republic’s internal affairs and has insisted that unionist organisations and manifestations be banned. In the past two months, in more than 120 communes and towns in the Republic of Moldova, mayors and local councils have adopted symbolic declarations of unification with Romania and on Sunday the capital Chisinau will host an event celebrating 100 years since the union of Bessarabia with Romania. A province with a predominantly Romanian-speaking population in the tsarist empire, Bessarabia united with Romania at the end of the first world war, on March 27th, 1918. Following an ultimatum, the Soviet Union re-annexed Bessarabia in 1940, and the Republic of Moldova was created on part of that territory.



    MEETING – On Tuesday, the Patriarch of the Romanian Orthodox Church Daniel received the Israeli Ambassador to Bucharest Tamar Samash. On the occasion, Daniel stressed the good relations that the Patriarchy has with the Jewish community in Romania. According to a press release, Daniel has stated that in the past years, thanks to pilgrimages to Israel, many Romanian orthodox believers have had the possibility to pray at the holy sites and to learn more about biblical tradition, and about common spiritual values. In turn the Israeli ambassador has stated that all joint projects help strengthen the relations between the two peoples and are proof of the Judeo — Christian heritage that laid the foundation of European culture.



    HANDBALL – On Wednesday, Romania’s national women’s handball team will take on the Russian squad, away from home, in Togliatti, in the third game of the Euro 2018 preliminary group. The return game will take place in Cluj, north-western Romania, on Sunday. With two victories from the previous games, the Romanian players, trained by the Spanish Ambros Martin, are leaders of the group with 4 points, followed by Russia and Austria with 2 points each and Portugal with no points. The teams ranking first and second will qualify for the final tournament, due to take place in France in December.