The Law of Bloom of Russian Drones went to CCR

The Constitutional Court of Romania (CCR) rejected, on Thursday, the Gold notifications, can also Romania on the law regarding the control of the use of the air space and the one that regulates the peace time of the military missions and operations on the territory of the Romanian state, establishing that the normative acts are constitutional.

According to a statement of the RCC transmitted, on Thursday, the Constitutional court rejected, as unfounded, the objections of unconstitutionality formulated by senators and deputies belonging to the parliamentary groups of SOS Romania, of the Alliance for the Union of Romanians and of the Party of Young People and found that the provisions of art.7 paragraph (2) and (3), art. The control of the use of the national air space are constitutional in relation to the criticisms formulated.

‘In essence, the Court held that participation and taking measures by the designated military authorities of the North Atlantic Alliance or by the structures of the forces of allied and partner states for national air control should be analyzed in the context of the obligations assumed by Romania in its capacity as a member in NATO. NATO accession involves both the transfer of attributes and the joint exercise of competences with the component states, an aspect that does not affect the sovereignty of the country ‘, the statement states.

The Court found that the regulation of a shared competence between the structures of the institutions that are part of the national defense system and the structures of the forces of allied and partner states does not prejudice the exercise of sovereignty, given that it is a way of defense of the national airspace, which is integrated into the NATO airspace.

Also, the CCR says that the criticized law does not regulate any legislative solution regarding the organization of military or paramilitary activities, distinct from the regular armed forces, which do not integrate into the national defense system of Romania or of the allied armed forces.

At the same time, the Court shows that the ‘transfer of authority’, regulated by the criticized provisions, considers an action to surrender/take over the control and command by the designated military authorities of the North Atlantic Alliance on the national elements in the composition of the forces structure of the army that performs specific missions for the control of the national space and in the system of the NATO air. within some coalitions, under the conditions strictly provided by the norm, and not the classification in a military function in the system of the Ministry of National Defense.

‘The duties, rights and freedoms of the military personnel established in the status of military personnel or other laws, in accordance with the Constitution, as much as the military personnel in the activity, classified in the military structures of the Ministry of National Defense, and not to the specialized military structures and means of NATO, or to the northern military authorities, or in the North-Atlantic Alliance. The control of the air space, under the conditions of the Romanian law and of the treaties to which Romania is a party ‘, explains the constitutional judges.

Also on Thursday, the Constitutional Court rejected, as unfounded, the objections of unconstitutionality formulated by the senators and deputies belonging to the parliamentary groups of SOS Romania, of the Alliance for the Union of Romanians and of the Party of Young People and found that the Law on the time of peace and the military operations, as well as in the Romanian state. e), of art.4, of art.6 paragraph (1) and (2), of art.

Essentially, the Court emphasizes, on the one hand, that it does not have the competence to censor the way of drafting the reasons designed by the legislator and, therefore, the violation of art.1 (5) of the Constitution cannot be withheld, and, on the other, that only Parliament can decide, within the limits provided in the constitution, on their constitution.

The Court also found that the ‘transfer of authority’, regulated by the criticized law, considers an action to surrender/take over the control and command, at the operational and/or tactical level, of the military forces participating in the development, during peace time, of some military missions and operations on the territory of the Romanian state, on the subordination and on the subordination of the orders, subordinates, under the conditions strictly provided by the norm, which does not have the meaning of entrusting the exercise of the sovereignty of other legal topics.

Also, the constitutional court mentions that the criticized law does not regulate any legislative solution regarding the organization of military or paramilitary activities, distinct from the regular armed forces, which do not integrate into the national defense system of Romania or of the allied armed forces, and the way in which the state provides the resources necessary for the environment Legal, related to the margin of appreciation of the legislator.

‘The Court also found that’ the transfer of authority ‘does not have the meaning of classification into a military function in the system of the Ministry of National Defense of the members of the foreign military/structures, which participate in the development, during peace time, of military missions and operations on the territory of the Romanian state. So, the duties, rights and freedoms of military personnel, established in the status of military personnel or other laws, in accordance with the Constitution, as much as the military cadres in activity, classified in the military structures of the Ministry of National Defense, and not ‘to the designated forces/structures/military structures, in the foreign, in the time, of some military missions and operations on the territory of the Romanian state, under the conditions of the Romanian law and of the treaties to which Romania is a party ‘, say the constitutional judges.