CCR a tranşat scandalul dintre Iohannis şi MApN: „Sintagma este lipsită de claritate”
CCR a tranşat scandalul dintre Iohannis şi MApN. Judecătorii au decis, marţi, că sintagma care reglementează prelungirea mandatului şefului Statului Major al Armatei cu până la un an este neclară, fiind admisă sesizarea de neconstituţionalitate.
Este vorba despre sesizarea făcută de Curtea Apel Bucureşti la CCR, în cadrul procesului în care MApN a cerut anularea decretului preşedintelui României prin care a fost prelungit mandatul lui Nicolae Ciucă în funcţia de şef al Armatei.
Prima instanţă a dat câştig de cauză preşedintelui în acest proces.
Decizia CCR
„În ziua de 4 iunie 2019, Plenul Curții Constituționale, învestit în temeiul art.146 lit.d) din Constituția României, al art.11 alin.(1) lit.d) și al art.29 din Legea nr.47/1992 privind organizarea și funcționarea Curții Constituționale, s-a pronunţat asupra excepţiei de neconstituționalitate a dispoziţiilor art.39 alin.(5) din Legea nr.346/2006 privind organizarea şi funcţionarea Ministerului Apărării Naţionale. Dispoziţiile de lege criticate au următorul conţinut:
„Şeful Statului Major al Apărării este militarul cu rangul de conducere cel mai înalt din armată, numit de Preşedintele României, la propunerea ministrului apărării naţionale, cu avizul prim-ministrului, pentru o perioadă de 4 ani, cu posibilitatea de prelungire cu până la un an. În funcţia de şef al Statului Major al Apărării poate fi numit locţiitorul acestuia sau unul dintre şefii categoriilor de forţe ale armatei.”
În urma deliberărilor, Curtea Constituțională, cu unanimitate de voturi, a admis excepția de neconstituționalitate și a constatat că sintagma ”cu posibilitatea de prelungire cu până la un an” din cuprinsul art.39 alin.(5) din Legea nr.346/2006 privind organizarea şi funcţionarea Ministerului Apărării Naţionale este neconstituțională. Curtea a reținut, în esență, că sintagma menționată este lipsită de claritate și încalcă astfel dispozițiile art.1 alin.(5) din Constituție, întrucât nu prevede condițiile și procedura de urmat pentru prelungirea mandatului șefului Statului Major al Apărării. Revine legiuitorului obligația de a stabili în mod clar aceste aspect”, transmite CCR.
Decizia este definitivă și general obligatorie și se comunică celor două Camere ale Parlamentului, Guvernului şi instanței de judecată care a sesizat Curtea Constituțională.
Foto: Inquam Photos / George Călin
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