Constitutional courts issue major rulings in Romania and Germany

In Romania, the Constitutional Court has issued a ruling defending the application of new laws to ongoing situations, effectively bypassing the prohibition against retroactive legislation. The decision states that laws apply to ‘future impacts of previous legal relationships that had not yet passed at the time the law came into force.’ The ruling has drawn sharp criticism from legal experts and politicians. Former judge Cristi Danileț mocked the reasoning, suggesting it was written in an incomprehensible ‘old language.’ The decision carries significant political weight, as it impacts officials like Timișoara Mayor Dominic Fritz, who faces the loss of his mandate due to a conflict-of-interest report.

In Germany, the Federal Constitutional Court ruled that the federal government cannot arbitrarily revoke individually issued promises of admission to refugees. The court decided on a constitutional complaint filed by an Afghan women's rights activist and her children, asserting that the government is bound by the principle of non-arbitrariness. This decision follows a move by the German government to unilaterally withdraw all admission declarations in December. The court has directed the Higher Administrative Court of Berlin-Brandenburg to conduct individual case assessments rather than applying blanket cancellations.