JusMin Toader about pardon and reprieve: Gov't can adopt OUG, with Parliament in session

Justice Minister Tudorel Toader announced on Wednesday evening, at private TV broadcaster Antena 3, in reference to pardon and reprieve, that the Gov't can adopt an emergency ordinance but Parliament must be in session. 

The minister was asked under what circumstances the Gov't can adopt and emergency ordinance (OUG) for pardon and reprieve. 

"My stance is in agreement with the constitutional requirements. The punishment and offences regime is established by organic law. Article 115 from the Constitution says the gov't can be a delegated law-maker, it can adopt OUG, even if it has to do with punishment, offences, pardon, reprieve, emergency ordinance which, in its turn, must fulfill certain requirements: be tabled with the secretaries of the two Chambers, be published in the Official Journal, it takes effect the very day of its publication, but Parliament must be in session. If not, one wouldn't find the secretaries of the two Chamber to table the ordinance. Consequently, I have described the constitutional procedures. My stance is and will be in agreement with the Constitution. At the Justice Ministry there never was and there isn't any such draft piece of legislation and not even a debate on this topic," Tudorel Toader added.