“From our point of view, it is an unacceptable step for the Government to cancel obligations regarding the predictability and stability of the Fiscal Code through the Emergency Decree. Even the Department of Justice, in the opinion accompanying this Emergency Decree, to which I refer, shows that it is unconstitutional,” says Radu Burnete, executive director of the Confederation of Concordia Employers.

We remind you that after the Government adopted a decree according to which fiscal transparency is disappearing in Romania, the Ministry of Justice published a conclusion according to which the Decree it is not constitutionalaccording to a document obtained by HotNews.ro.

• DOJ Opinion Paper on Increasing Fiscal Unpredictability – Click to open

1. In order for the resolution to be in order, 3 conditions are necessary:

emergency

urgency of regulation

justification of the urgency of the resolution

The Justice Department says it is necessary to examine the factual and legal elements of an emergency that would require recourse to this regulatory avenue.

An amendment can be made through the ordinary legislative procedure, and the rationale in the explanatory note and preamble is not clear regarding the emergency situation for which an Emergency Ordinance is required.

“The government is telling us that now, with these fiscal measures, we are dealing with an exceptional situation that will not happen again, and at the same time it is forcing the Constitution to make it possible to make such exceptions permanent. We ask the parliament to reject this project. We will not have the desired economic development and investment in an environment where everything is unpredictable and any business plan can be canceled by an untimely and unannounced decision of the Government. Romania must remain an attractive economy with or without an excess deficit, and the exit from it still cannot be achieved only with quick pre-emptive measures, says Radu Burnete.

In the opinion of Concordia’s executive committee, this extraordinary resolution leads us to believe that, despite the assurances we have received that the current episode is an isolated one, in fact the governors are preparing the ground for similar future moments when they do not want to be implicated. again by several provisions of the Fiscal Code, which theoretically obliged politicians to offer a minimum predictability of 6 months when it comes to taxes.