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Romania: Members of USR party submit notice of unconstitutionality, delaying promulgation of draft whistleblowing law

Members of the Save Romania Union ('USR'), a parliamentary party within the Parliament of Romania, submitted, on 6 July 2022, a notice of unconstitutionality to the Constitutional Court of Romania in relation to the recently adopted draft Law on the Protection of Whistleblowers in the Public Interest. In particular, the USR indicated that the draft law contravenes the Directive on the Protection of Persons who Report Breaches of Union Law (Directive (EU) 2019/1937) ('the Whistleblowing Directive'), as it offers a reduced level of protection to whistleblowers. Furthermore, the USR highlighted that the draft law lacked clarity and that, owing to the draft law's formulation, the protection currently afforded by Law No. 571/2004 on the Protection of Personnel from Public Authorities, Public Institutions and Other Units that Report Violations of the Law would be diminished.

You can read the USR's press release here and the notice of unconstitutionality here, and track the draft law's progress here, all only available in Romanian.

UPDATE (18 July 2022)

Constitutional Court rejects notice of unconstitutionality

The Constitutional Court published, on 13 July 2022, a statement regarding the notice of unconstitutionality submitted by the USR. In particular, the Court rejected the notice and found the provisions of the draft law to be constitutional. For example, the Court concluded that although the draft law establishes the right of the whistleblower to report internally and externally in a successive manner rather than simultaneously, such provisions also aim to protect both the object of the draft law and the state of legality, while also strengthening the role of the whistleblower in society and in the workplace.

The draft law is now expected to be submitted to the President for promulgation.

You can read the press release, only available in Romanian, here.

UPDATE (4 August 2022)

President requests re-examination of draft law

The President of Romania requested, on 29 July 2022, a re-examination of the draft law. According to the legislative page, the request was submitted to the Senate.

You can read the request, only available in Romanian, here.