Constitutional Court president: The country’s fundamental...

Constitutional Court president: The country’s fundamental law - a genuine Bible

President of the Constitutional Court, Valer Dorneanu, underlined on Monday that the country’s fundamental law represents “a genuine Bible” and must be revised “responsibly, wisely, with a sense of duty towards the people”.

“In my capacity as guarantor of the supremacy of the Constitution (…) I would like to remind you that the fundamental law of the country is a genuine Bible, and it is by no coincidence that at the beginning of our activity each of us takes the oath of allegiance with the hand on the Constitution and on the Bible. We celebrate today 30 years since the ‘moment zero’, since the setting of the statal milestone of Romanian democracy, 30 years since the beginning of a consequential period for the Romanian nation, of an epoch desired to be one of freedom and hope, of trust and enthusiasm to succeed the long, oppressive and dark years of communism, 30 years since the adoption of the Constitution of Romania,” Dorneanu told the plenary sitting of Parliament that marked 30 years since the adoption of the Constitution.

He brought to mind that the design of a new fundamental law was no easy task, given the need to get the society out of the behavioral automatisms and attitudes unwittingly formed under the burden of the times, during the half century spent in the communist regime. It was also necessary to bring a new, democratic lease of life, in line with the European spirit, capable of resonating with the aspirations and ideals of the December 1989 Revolution, and at the same time provide concrete and efficient legal mechanisms that met people’s expectations, the president of the Constitutional Court explained.

Valer Dorneanu highlighted the desire of the members of the Constituent Assembly to elaborate a fundamental law of the Romanian state that would be in accordance with the relevant international standards, that would encompass the European democratic heritage and would elevate the legal, political and economic life of the Romanian society to a level similar to that of the states with democratic systems consolidated by a long tradition.

“For this overwhelming creative endeavor, the Constituent Assembly (…) had 18 months. Let us appreciate and respect this tremendous effort made with all conviction and in good faith. Of course, being a human creation, our Constitution could not be perfect, without flaw, but its content manages to provide enough touchstones for a system to be built on it allowing the proper functioning of the public institutions and of political and economic life overall. In time, as a result of social evolution, of the development of the complex of interpersonal and inter-institutional relations, of the reshaping of the social and political landscape, certain aspects no longer matched the new realities, which were different from those considered in the original Constituent Assembly. This is exactly the reason why the possibility of revision is enshrined in the Constitution, and 2003 was the moment when our supreme law was refreshed,” Dorneanu went on to say.

He also expressed his regret that the idea of revising the Constitution was “not infrequently used as an electoral stake”.

“But the revision of the Constitution must be done responsibly, wisely, with a sense of duty towards the people, with the sincere desire to benefit the act, and not out of a unilateral, even if inspired, desire. Unfortunately, the idea of revising the Constitution was not infrequently used as an electoral stake, devoid of serious substance in terms of motivation and rational justification, and was transformed into an instrument of manipulation for electoral gain on the back of unrealizable promises. Such a destructive attitude cannot but sow doubt, induce a state of uncertainty about the constitutional order, weakening the very democratic construction of the state. Fortunately, probably anticipating such opportunistic initiatives, the legislator has instituted a complex revision procedure,” Dorneanu said.

According to him, “in the political battle, the idea of always blaming the failures and non-fulfillments of the political class on the alleged imperfections of the Constitution should be set aside.”

“The state mechanism will be able to function perfectly on the basis of the current constitutional regulation if the provisions of the fundamental law are observed both in letter and spirit; the rule of law, which is an essential requirement of the state governed by law should be a real beacon, a guide for all participants in public life. (…) Many happy returns to the Constitution of Romania!,” Valer Dorneanu said in the conclusion of his address.

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December 06, 2021 at 10:59PM