On the saga surrounding the Romanian government emergency ordinance no. 13/2017
| Date | 01 June 2017 |
| DOI | 10.1177/2032284417711562 |
| Author | Mihai Mareş |
| Published date | 01 June 2017 |
| Subject Matter | Opinions |
Opinion
On the saga surrounding
the Romanian government
emergency ordinance
no. 13/2017
Mihai Mares¸
MARES¸ / DANILESCU / MARES¸ Romanian Law Firm, Bucharest, Romania
Abstract
The present article provides an insight into the legal issues pertaining to the adoption of the
Romanian Government Emergency Ordinance no. 13/2017 and the subsequent repeal thereof, by
the Government Emergency Ordinance no. 14/2017. The emphasis shall be placed upon the legal
mechanisms set in motion as a result of these two legal acts, issued based on the legislative
delegation proceedings, and the effects thereof, namely, the settling of claims relating to non-
constitutionality issues, constitutional legal conflicts between various authorities as well as the legal
acts that are to be adopted with respect to the two emergency ordinances.
Keywords
Legislative delegation, legislative interventions into criminal law, constitutional legal conflict, GEO
no. 13/2017
Preliminary considerations
As reflected in the media, the Government Emergency Ordinance no. 13/2017, amending and
supplementing the Romanian criminal codes, represented the starting point of a social, political
and legal crisis in Romania.
As a result of a series of factors, such as the so-called adopting of the ordinance ‘at night’,
combined with a relatively short time allocated for public debate, part of the citizens’ state of
turmoil stemmed from the impression that this legal act represented a ‘‘Trojan horse’’,
1
aiming at
weakening the anticorruption endeavours and possibly favouring certain individuals.
Corresponding author:
Mihai Mares¸, MARES¸ / DANILESCU / MARES¸ Romanian Law Firm, 55-55 Bis Carol I Blvd. 2nd District Bucharest,
Bucharest, Romania.
Email: mihai.mares@mares.ro
1. M.Ene, ‘Ordinance13’s Trojan:Ordinance 9, 2017’.[online].Available at:www.nineoclock.ro(accessed27 February 2017).
New Journal of European Criminal Law
2017, Vol. 8(2) 139–149
ªThe Author(s) 2017
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DOI: 10.1177/2032284417711562
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