8/12/2019 Yet Another Constitutional Lawsuit

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Yet another Constitutional lawsuit

I hereby present you a brief of the Constitutional lawsuit I attended, serving the

Romanian Government as its main lawyer in a very complicated debate which took place

at the Romanian Supreme Court of Justice. The following part represents my winning

plea, assuring me the first place at the end of the trial and will be qouted as it was

presented at that time:

Your Honor, hereby the Government will express a general point of view,

regarding the religious cults law, adopted by the Romanian Parliament at April 15, 2014.

1. In which concerns the first article of the bill, stating the priests can refuse to

perform the religious union to husbands on conscience reasons, even if the legal

requirements are fulfilled, the Government will proove that between the bill hereby

mentioned and the fundamental law is no conflict at all, for the following reasons.

Firstly, the bill is not to affect the civil state of the husbands, which is fully

detailed in the Civil Code, articles 271 to 404 and the Constitution of Romania, mainly

the article 48. According to the 48 article, the religious ceremony can only be

celebratedafter the civil union, which makes it a purely simbolic ritual to be attended

by the future husbands, only if they consider it necessary.

Secondly, a refuse coming from the priests is not to affect their constitutional right

to work freely, as continously stated by the CEDO1, therefore in this specific case, the

bill is fully conform to the fundamental law.

For the mentioned reasons, Your Honor, I solicit you to reject the constitutional

objection raised by the President of Romania, and I strongly recommend you to consider

the possibility of rejecting the following requests, as inadmissible for lack of object, as I

am going to proove [].

1European Court of Human Rights, see Corneliu Brsan Convenia European a Drepturilor Omului. Comentariu

pe articole. Ed. Ch BECK, 2011, p.11 and the following.

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2. Regarding the second article of the law, which states that the members of the

Church can freely associate in unions, in order to defend their fundamental rights, prior

to the numerous attacks they have suffered, the Government believes it is in accord to

the fundamental law and cannot harm the fundamental rights of the ones mentioned in it,as the Ombudsman stated at the last term.

Your Honour, for the reasons whe have showed, please reject the complaints the

President and the Ombudsman formulated at the previous term and proceed to declare de

present law constitutional [].

Munteanu Nicolae-Dan, grupa 109, seria II, anul I