ro fr
universul juridic magazin
Revista Română de Drept Privat

Some considerations in relation to certain political and legal events occurred at the beginning of the year

The author puts forward for discussion two recent issues: the rejection of the request for the waiver of immunity for a senator by the Senate of Romania and the Report for the year 2014 on the Mechanism for Cooperation and Verification (MCV) initiated by the European Commission regarding Romania since 2007. As far as concerns the first issue, the author examines the provisions of art. 72 of the Constitution and concludes that the request for the waiver of immunity in relation to the search, detention and arrest of a Member of the Parliament may be admitted or rejected. However, the rejection of the request shall not prevent the activity of the justice, as the criminal prosecution may be initiated against the member of the Parliament and the latter may be criminally prosecuted for any offences which are not related to the votes or political opinions expressed by him/her during the exercise of the mandate. The controversial issue refers to the number of votes needed for deciding on the request for the waiver of immunity. As regards the second issue, the author considers that the Report on MCV is not conducted in a transparent way, that it does not deal with the actual problems which the justice and the judicial system faces, in fact, it moreover includes errors and wrongful considerations, signalizing the problems which are indeed, significant. The author proposes that this mechanism should be terminated.