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The President of the Republic requested the Constitutional Court to exercise preventative supervision on the constitutionality of the rules comprised in the Bill covering unjustified enrichment.

Concerning this decision the Presidency of the Republic publishes the following communiqué:

1. The President of the Republic requested the Constitutional Court to exercise preventative supervision on the constitutionality of the rules comprised in Parliamentary Decree No. 369/XII, which institutes the felony of unjustified enrichment.

2. Specifically, the Constitutional Court was requested to provide its opinion on the constitutionality of the following rules:

a) The provision contained in §1 of article no. 1, where it attaches article no. 335-A to the Penal Code;
b) The provision contained in article no. 2, where it attaches article no. 27 to Law No. 34/87, dated 16 July.

3. The President of the Republic, considering the recent Judgement on this issue, requested the Constitutional Court to check the conformity of those provisions with the Fundamental Law, namely with the principles of the Rule of Law, proportionality, penal legislation and presumption of innocence.

4. In such a sensitive area as that of Penal Law, in which the most relevant values of a legal system that follows the Rule of Law, such as freedom, are at risk, no doubts may ever subsist as to the incrimination of behaviours, insofar as the matter at issue was recently considered by the Constitutional Court and then merited a pronouncement of unconstitutionality.