PM Mihai Tudose doesn’t intend to amend the Law 90/2001 to allow persons who have been criminally convicted to be part of the Government, sources close to the premier told Mediafax.
“There is no draft law to amend the Law 90/2001 on the premier’s table. All will be transparent, like he has pledged in Brussels, at the meeting with the European leaders,” said the sources.
Profit.ro has previously reported that Tudose Government is preparing a draft law saying that persons who have been sentenced to prison or on probation and who have been rehabilitated can be members of the Executive. The draft bill comes after the Constitutional Court of Romania (CCR) ruled that the ban on convicted persons to be government members should cease, in accordance with the legal framework in force, in the case of rehabilitation, decriminalisation or amnesty.
The new draft law would say that people “who haven’t had criminal convictions, except when the rehabilitation occurred” can be members of the Government.
The draft says that people meeting the following demands at the same time can be members of the Government: they should have the Romanian citizenship and residence in Romania; they can exert their right to vote and they haven’t had criminal convictions, except for the situation when the rehabilitation occurred.
The Law 90/2001, now repealed, banned PSD chairman Liviu Dragnea to be prime minister, as he has a conviction on probation in the referendum file.
The Ombudsman Victor Ciorbea notified the Constitutional Court over this law on January 5, the second day after the Grindeanu Cabinet had sworn in.
Victor Ciorbea argued back then that the law is discriminating, while denouncing the “lack of predictability of the phrase: has not suffered criminal convictions”.
The CCR ruling on this issue has been postponed four times, with the Court’s president admitting it’s “the toughest” decision to make.
After the general elections last December, PSD leader Liviu Dragnea claimed his party would not take any steps to amend the law, however he mentioned that “it’s the Ombudsman’s decision to challenge the law to the Constitutional Court.” According to Dragnea, the law is not a “restriction of fundamental rights” but it is abolition” for life of the right “to be elected”, arguing that “Government members are voted by Parliament, so they are not elected.”
Before the CCR ruling, Dragnea kept on saying he is not interested in the PM position, and that he further supports PM Grindeanu (now former premier) and the governing programme./IBNA