Decizia Curții Constituționale a României nr. 283 din 17 mai 2023 referitoare la obiecţia de neconstituţionalitate a dispoziţiilor art. I pct. 3
Decision of the Constitutional Court of Romania no. 283 of May 17, 2023 regarding the objection of unconstitutionality of the provisions of art. I point 3

Summary/Abstract: In the context of the recent jurisprudence on the constitutional nature, which explains the serious effects of the legislator's passivity with regard to the rules/legal resolutions declared unconstitutional, at the end of last year the Government promoted in the Parliament, as an emergency procedure, two legislative amendment projects, mainly of the Criminal and Criminal Procedure Codes by which various such problematic legal provisions were amended/supplemented. Among other things, an attempt was made to connect to the constitutional requirements of some legal texts that were the subject of decisions with wide echoes: the crimes of abuse and negligence in the service, the right of the witness to remain silent, the records obtained from activities specific to gathering information, the posteriori control over decisions approving special methods of surveillance/research, the right to reparation of damage in case of unjust deprivation of liberty, etc. Some of the newly designed provisions did not meet the requirements imposed by the fundamental law, so both drafted normative documents returned to the legislative forum for the re-examination procedure.

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