Ministry of Justice approves the 5G project but followed with a series of recommendations from the legislative and constitutional point of view

The 5G legislative project received the green line from The Ministry of Justice which has approved the project, however, according to the letter from Catalin Predoiu to the MITC, the Minister of Justice, does not assume responsibility for the elaboration of the project and for the correctness of the data, he also provided a number of recommendations for the MITC, which points out the weakness of the current draft law, which may be subject to breach of the constitution and legislation.

The observations have been made public online regarding the status of this 5G draft law project:

1. A thorough justification of the criteria referring to the granting or refusal to issue an authorization, including the procedure for withdrawing such authorization, is required.

2. Further details on compliance with the regulatory procedure are required, as it is not sufficient to publish the draft on the website of the originator.

3. The Ministry of Foreign Affairs has the competence to decide on the compatibility of the solutions included in the procedure regarding the free movement of goods. Also, the measures included in the project are likely to have an anti-competitive impact, it is up to the Competition Council to decide on this issue.

4. The solution setting out the conditions for issuing the CSAT opinion is unclear and unpredictable, in the absence of the establishment of objective criteria for assessing applications for authorization. Considering that the motivation of the administrative act represents a condition of legality, the omission to establish clear and objective criteria represents a circumstance likely to lead to the violation of the provisions of art. 1, paragraph (3) and (5) of the Constitution.

On November 22, the 5G law project reached the CES to obtain the approval of:

– Committee on Economic Development, Competitiveness and the Environment (C1) – draft favorable opinion

– Committee on Citizens’ Rights and Freedoms, Equal Opportunities and Treatment (C2) – Draft favorable opinion

– Committee on Labor Relations, Wage Policy, Social Inclusion, Social Protection and Health (C3) – decline in competence

– Committee on Agriculture, Rural Development, Environmental Protection and Sustainable Development (C4) – decline of competence

– Committee on Education, Youth, Sport, Research, Training and Culture (C5) – decline in competence

– Committee on Consumer Protection and Fair Competition (C6) – views

– Committee on Cooperation, Liberal Professions and Self-Employment (C7) – views

– Committee on the Rights and Freedoms of Civil Society Organizations (C8) – draft unfavorable opinion

– Committee on Public Administration and Public Order (C9) – draft favorable opinion – Obs. ref. inter-ministerial approval: complete approval process.

More on Commissions’ response here: https://www.ces.ro/ordinea-de-zi/ro/58