Iohannis sesizează CCR referitor la legea privind regimul armelor și al munițiilor vizată
Klaus Iohannis a sesizat, marți, Curtea Constituțională a României privind neconstituționalitatea proiectului pentru modificarea și completarea Legii privind regimul armelor și al munițiilor.
Legea a ajuns la Președinte pentru promulgare pe 20 iunie. Klaus Iohannis motivează sesizarea transmisă Curții prin încălcarea unor prevederi din Constituţie.
Senatul nu a dezbătut Legea
Președintele României susține că Parlamentul a încălcat principiul bicameralismului deoarece Senatul nu a dezbătut textul de lege.
„Legea pentru modificarea și completarea Legii nr. 295/2004 privind regimul armelor și al munițiilor a fost adoptată cu nesocotirea prevederilor art. 61 și ale art. 75 din Constituție, fiind încălcată competența primei Camere sesizate, Senatul, care nu a dezbătut textul și soluțiile adoptate de Camera Deputaților. În forma adoptată, legea dedusă controlului de constituționalitate nesocotește și principiile constituționale în virtutea cărora o lege nu poate fi adoptată de o singură Cameră, legea fiind, cu aportul specific al fiecărei Camere, opera întregului Parlament.
În forma adoptată de Senat, în calitate de primă Cameră competentă, articolul I pct. 15 al legii supuse controlului de constituționalitate modifica literele b), c) și f) ale alineatului (1) al articolului 14 din Legea nr. 295/2004”, transmite Administrația Prezidențială.
CSAT nu și-a dat avizul
De asemenea, iniţiatorii legii nu au solicitat avizul Consiliul Suprem de Apărare a Ţării. CSAT trebuie să dea aviz tuturor proiectelor de acte normative referitoare la securitatea naţională.
„Or, în dezacord cu exigenţele art. 4 lit. d) pct. 1 din Legea nr. 415/2002, iniţiatorul nu a solicitat avizul CSAT. Faţă de noua optică la nivel european cu privire la asigurarea securităţii Uniunii Europene concretizată chiar prin directivele europene transpuse prin legea criticată, este nerelevant faptul că atât Legea nr. 295/2004, în varianta sa iniţială, cât şi modificările ulterioare ale acesteia nu au fost adoptate cu solicitarea unui aviz din partea CSAT. Prin modificările aduse prin legea criticată sunt reglementate aspecte ce ţin de domeniul securităţii naţionale, acestea fiind calificate ca atare prin însăşi Directiva europeană transpusă, aspect ce impune avizarea de către CSAT în cadrul procedurii legislative a actului normativ supus controlului de constituţionalitate. (…)
În concluzie, având în vedere argumentele de mai sus, întrucât în cadrul procedurii legislative inițiatorul nu a respectat obligația legală, conform căreia Consiliul Suprem de Apărare a Țării avizează proiectele de acte normative inițiate sau emise de Guvern privind securitatea națională, solicităm Curții să constate că Legea a fost adoptată cu încălcarea prevederilor constituționale ale art. 1 alin. (5) care consacră principiul legalității și ale art. 119 referitoare la rolul Consiliului Suprem de Apărare a Țării”, se mai arată în sesizare.
sursa foto: Inquam Photos/ Octav Ganea
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