Lustration law, rejected by decision-making forum

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The Chamber of Deputies rejected the Law on lustration, a measure temporarily barring access to some positions of public influence for people who were part of the power structures of the former communist regime, with 233 votes „in favor”, 73 „against” and 21 abstentions.

Rejection of this law was required by Romania’s Constitutional Court (CCR), whose request for review was admitted by the MPs.

The Senate rejected on February 12, 2013 the Law on lustration, following a CCR ruling. The Chamber of Deputies is the decision-making forum.

Vice President of the Legal Committee Nicolae Ciprian Nica (PSD) proposed, then, the rejection of this legislative proposal, arguing that, after 22 years of democracy, it is abnormal to condemn the past.

According to the legal advising deputies, in 2012, the CCR assessed that the Law on lustration, which provided temporarily limiting the access to certain functions and public dignities was unconstitutional. At the same time, the (Boc) Government communicated his view, by a registered letter to the CCR on March 22, 2011, claiming that the Law on lustration should not serve the specific purpose of punishment or revenge, and punishment for offenders has to be limited within the scope of the criminal law.

The Law on lustration made a distinction between those who candidate for a function and those who are appointed to a function. The law provided that those appointed after this piece of legislation entry into force were going to be checked by CNSAS. The draft law was submitted to the Senate in the summer of 2005, passed by the Parliament on May 19, 2010, but it was challenged at the Constitutional Court, and CCR admitted that notification on June 7, 2010. In March 2012, CCR ruled the Law on lustration as unconstitutional.

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