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Tax alert no. 19 - Emergency Ordinance no. 75/2018 was declared unconstitutional in its entirety

In this issue:

Decision no. 214/2019 concerning the admissibility of the objection of unconstitutionality regarding the provisions of the Law for the modification and completion of Government Emergency Ordinance no. 75/2018 for the modification and completion of some normative acts in the field of environmental protection and the regime of aliens, as well as of Government Emergency Ordinance no. 75/2018.

Emergency Ordinance no. 75/2018 amending and supplementing certain normative acts in the field of environmental protection and the regime of aliens ("GEO No. 75/2018") was declared unconstitutional by the Constitutional Court Decision no. 214 of 9 April 2019. The decision of the Constitutional Court was published in the Official Gazette of Romania no. 435 of 3 June 2019.

What are the effects of suspending this order?

The publication of the Constitutional Court's decision in the Official Gazette of Romania produces the following effects:

  •         suspension effect: the provisions of GEO no. 75/2018 are legally suspended for a period of 45 days from the moment of its publication in the Official Gazette. Thus, within 45 days:

(i)                the obligations established by GEO no. 75/2018 (e.g. the procedure for the application of the annual permit for an environmental permit / authorization) are not applicable;

(ii)              The Government, as the issuer of GEO no. 75/2018 is obliged to reconcile the provisions declared unconstitutional with the provisions of the Constitution;

  •         repeal effect: if the Government fails to harmonize the provisions declared unconstitutional within 45 days, GEO no. 75/2018 ceases its effects, being indirectly abrogated.

 

Prepared by:
Laura Ciobanu - Manager, Indirect Tax
Alexandru Oana – Lawyer, Tax Policy and Controversy

 

For additional information, please contact:

Alex Milcev, Partner – Head of Tax&Legal

 

Ernst & Young SRL

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