LAW No. 47 of 18 May 1992[*]
on the Organisation and Operation of the Constitutional Court

CHAPTER I
General Provisions

Article 1. - (1)The Constitutional Court is the guarantor for the supremacy of the Constitution.
(2) The Constitutional Court is the sole authoritity of constitutional jurisdiction in Romania.
(3) The Constitutional Court is independent of any public authority and subject only to the Constitution and to this law.

Article 2. - (1) The Constitutional Court shall ensure the constitutional review of laws, of international treaties, of Standing Orders of Parliament and of ordinances of the Government.
(2) Provisions of the acts stipulated under paragraph (1), which come against the provisions or principles of the Constitution, shall be unconstitutional.
(3) The Constitutional Court shall adjudicate only on the constitutionality of the acts which it has been referred, and shall not be competent to modify or to supplement the provisions under review.

Article 3. - (1) The powers of the Constitutional Court are those laid down by the Constitution and by the present law.
(2) In exercising its powers the Constitutional Court alone is entitled to decide upon its competence.
(3) The Constitutional Court competence, established in accordance with paragraph (2), cannot be challenged against by any public authority.

Article 4. - The seat of the Constitutional Court is in the Municipality of Bucharest.

CHAPTER II
Organisation of the Constitutional Court

Article 5. - (1) The Constitutional Court consists of nine Judges appointed for a nine-year term of office that cannot be any further extended or renewed.
(2) Three Judges shall be appointed by the Chamber of Deputies, three by the Senate, and three by the President of Romania.
(3) The Constitutional Court shall be renewed by one third of its Judges every three years.
(4) Each Chamber of Parliament shall, by the vote of the majority of its members, on the proposal of its Standing Bureau and based on the recommendation of the Legal Committee, appoint as a Judge the person who has got the largest number of votes.
(5) Candidatures may be put forward to the Legal Committee by any of the Parliamentary Groups, Deputies and Senators. Each candidate shall present curriculum vitae and the pertaining documents to prove that he or she meets the requirements stipulated by the Constitution. The candidates shall be heard by the Legal Committee and by the Plenary Chamber. The report of the Legal Committee shall give a reasoned statement with reference to all candidates.

Article 6. - The Constitutional Court shall carry on its activity in plenum, under the terms laid down by this law and the Rules on the Organisation and Functioning of the Constitutional Court, and the acts of the Court shall be adopted by a majority vote of the Judges, unless otherwise provided by this law.

Article 7. - (1) The Constitutional Court has a President who is elected by secret ballot for a period of three years, by the majority of the Judges' votes, within five days from the Court renewal.
(2) The term of office of the President may be renewed.
(3) For the election of the President, each group of Judges appointed by the Chamber of Deputies, the Senate and, respectively, by the President of Romania may put forward one single candidature. Where no candidate gets a majority of votes in the first ballot, a second one shall be taken between the first two candidates who have qualified or been selected by drawing lots, if all the candidates have got an equal number of votes. Proceedings for the election of the President shall be chaired over by the Judge who is the eldest of age.
(4) The President appoints a Judge to take over office for the duration of his absence.

Article 8. - (1) If there is a vacancy of the office, a President is elected up to the end of the period of three years provided under Article 7, paragraph (1).
(2) The election shall take place within five days from ascertaining the vacancy, according to the procedure under Article 7, paragraph (2).

Article 9. - (1) The President of the Constitutional Court shall have the following powers:
a) to co-ordinate the activity of the Constitutional Court;
b) to summon and chair over the plenary sessions of the Constitutional Court;
c) to appoint the Judge-rapporteur in the cases stipulated by the law and to establish the dates for the proceedings;
d) to represent the Constitutional Court before the public authorities, or any other Romanian or foreign organisations;
e) to ascertain the cases when a Judge's term of office has terminated, as provided in this law, and to notify the public authorities that have made the appointment about the vacancy to be filled in;
(f) to fulfil any other powers provided by the law or by the Rules on the Organisation and Functioning of the Constitutional Court.
(2) The President shall supervise the activity of the Secretary General of the Constitutional Court related to his powers of ordering payments from the budgetary funds.
(3) In exercising its administrative prerogatives, the president issues orders.

CHAPTER III
Jurisdiction of the Constitutional Court

Section 1
Common Provisions

Article 10. - (1) The Constitutional Court may be referred to only for the cases explicitly provided under Article 146 of the Constitution, republished, and under its organic law.
(2) Reference proceedings must be done in writing and give a statement of the grounds.

Article 11. - (1) The Constitutional Court shall pronounce decisions, rulings and it shall issue advisory opinions, as follows:
(A) Decisions, in cases in which:
(a) it adjudicates on the constitutionality of laws before the promulgation thereof upon notification by the President of Romania, one of the presidents of the two Chambers, the Government, the High Court of Cassation and Justice, the Advocate of the People, a number of at least 50 deputies or at least 25 senators, as well as ex officio, on initiatives to revise the Constitution;
(b) it adjudicates on the constitutionality of treaties or other international agreements, before their ratification by the Parliament, upon notification by one of the presidents o of the two Chambers, a number of at least 50 deputies or at least 25 senators;
(c) it adjudicates on the constitutionality of the Standing Orders of Parliament, upon notification by the president of either Chamber, by a parliamentary group or a number of at least 50 Deputies or at least 25 Senators;
(d) it decides on objections as to the unconstitutionality of laws and ordinances, brought up before courts of law or commercial arbitration, as on the ones brought up directly by the Advocate of the People;
(e) it solves legal disputes of a constitutional nature between public authorities, at the request of the President of Romania, one of the presidents of the two Chambers, the Prime Minister, or of the president of the Superior Council of Magistracy;
(f) it decides on challenges against the constitutionality of a political party.
(B) Rulings, in cases in which:
(a) it watches over the observance of the procedure for the election of the President of Romania, and confirms the ballot returns;
(b) it ascertains the existence of circumstances that justify the ad interim in the exercise of the office of the President of Romania, and reports its findings to Parliament and to the Government;
(c) it watches over the observance of the procedure for the organisation and holding of a referendum, and confirms its results;
(d) it verifies whether the conditions are fulfilled for the exercise of the legislative initiative by the citizens.
(C) Advisory opinions on the proposal to suspend the President of Romania from office.
(2) All decisions and rulings shall be delivered in the name of the law.
(3) Decisions, rulings and advisory opinion of the Constitutional Court shall be published in the Official Gazette of Romania, Part I. Decisions and rulings of the Constitutional Court shall be generally binding and effective only for the future.

Article 12. - (1) The sessions of judgement shall be open, unless the Court, for well-founded reasons, shall decide otherwise.
(2) The parties shall have free access to the file deeds.
(3) The Constitutional Court acts and proceedings, based on which it renders decisions and rulings, or issues advisory opinions as provided under Article 11, shall not be made available for the public.

Article 13. - Applications filed with the Constitutional Court shall be exempt from judicial revenue fees.

Article 14. - Jurisdictional procedure under this law shall be supplemented by the rules of Civil Procedure, to the extent to which they are consistent with the nature of the proceedings before the Constitutional Court. Solely the Court shall determine such consistency.

Section 2
Jurisdictional Procedure

1. Constitutional Review of Laws before Promulgation

Article 15. - (1) The Constitutional Court shall adjudicate on the constitutionality of laws, before their promulgation, upon reference by the President of Romania, by one of the presidents of the two Chambers, by the Government, by the High Court of Cassation and Justice, by the Advocate of the People, by at least fifty Deputies or at least twenty-five Senators.
(2) With a view to exercising the right of reference to the Constitutional Court, the bill shall be communicated, five days before being presented for promulgation, to the Government and to the High Court of Cassation and Justice, as well as to the Advocate of the People and it shall be deposited with the Secretaries General of the Chamber of Deputies and of the Senate. If the bill has been adopted under an expeditious procedure, the time limit shall be of two days.
(3) The date on which the bill has been deposited with the Secretaries General of the Chambers shall be announced in the Plenary of each Chamber within twenty-four hours from the date of its being deposited. Deposit and announcement shall be made only on the days in which the Chambers of Parliament sit in full.
(4) Reference submitted by Members of Parliament shall be sent to the Constitutional Court on the same day when the Secretary General of the respective Chamber received it.

Article 16. - (1) If reference has been made by one of the Presidents of the two Chambers of Parliament, by Members of Parliament, by the Government, by the High Court of Cassation and Justice or by the Advocate of the People, the Constitutional Court shall communicate the reference act to the President of Romania, on the day of its registration.
(2) If reference has been made by the President of Romania, by Members of Parliament, by the High Court of Cassation and Justice or by the Advocate of the People, the Constitutional Court shall communicate it to the Presidents of the two Chambers of Parliament and to the Government, within twenty-four hours from its registration, also specifying the date when proceedings are to take place.
(3) If reference has been made by the President of either Chamber of Parliament, the Constitutional Court shall communicate it to the President of the other Chamber, to the Government, as well as to the Advocate of the People and if the reference has been made by the Government, the Court shall communicate it to the Presidents of the two Chambers of Parliament, as well as to the Advocate of the People, the provisions under paragraph (2) being applied accordingly.

Article 17. - (1) The Presidents of the two Chambers of Parliament, the Government and the Advocate of the People may present written viewpoints, up to the date when proceedings take place.
(2) Any viewpoint from the Government shall be presented only under the Prime Minister's signature.

Article 18. - (1) Proceedings shall take place in the Plenum of the Constitutional Court, attended by the Court's Judges, on the basis of the reference act, deeds and viewpoints as may have been received, while taking into consideration the provisions specifically mentioned in the reference act, but also other which essentially and obviously cannot be dissociated thereof.
(2) Following upon deliberations, the decision shall be pronounced by a majority vote of the Judges and shall be communicated to the President of Romania. Any decision, which states the unconstitutionality of a bill, shall be communicated to the Presidents of the two Chambers of Parliament and to the Prime Minister.
(3) In cases of unconstitutionality of laws, before the promulgation thereof, the Parliament is bound to reconsider those provisions, in order to bring them into line with the decision of the Constitutional Court.

2. Constitutional review on initiatives for the revision of the Constitution

Article 19. - Before referring the Parliament for the initiation of the legislative procedure for the revision of the Constitution, the bill or legislative proposal, along with the advisory opinion of the Legislative Council, shall be deposited with the Constitutional Court, which must adjudicate, within 10 days, on the observance of the constitutional provisions regarding the revision.

Article 20. - After receiving the bill or the legislative proposal the President of the Court appoints a Judge-rapporteur and establishes the day of the proceedings

Article 21.- (1) The Constitutional Court shall adjudicate on the bill or legislative proposal with the vote of two thirds of the judges.
(2) The decision of the Court shall be communicated to the initiators of the bill or legislative proposal or, as the case may be, to their representative.

Article 22.- The bill or legislative proposal shall be presented to the Parliament only accompanied by the decision of the Constitutional Court, communicated according to Article 21 paragraph(2).

Article 23.- (1) Within 5 days from the adoption of the law for the revision of the Constitution, the Constitutional Court shall adjudicate, ex officio, on it, the provisions under Article 20 and Article 21 being applied accordingly.
(2) The decision by which is held that the constitutional provisions regarding the law for the revision have not been observed shall be sent to the Chamber of Deputies and to the Senate in order to re-examine the law for the revision of the Constitution in order to bring it into line with the provisions of the Constitution.

3. Constitutionality review of treaties and other international agreements

Article 24. - (1) The Constitutional Court shall adjudicate on the constitutionality of treaties or other international agreements before their ratification by the Parliament, upon notification by one of the presidents of the two Chambers, a number of at least 50 deputies or at least 25 senators.
(2) If reference has been made by the President of one of the Chambers of Parliament, the Constitutional Court shall communicate it to the President of Romania, to the president of the other Chamber, as well as to the Government.
(3) The reference made by the Members of Parliament shall be registered, as the case may be, to the Senate or to the Chamber of Deputies and shall be sent to the Constitutional Court, in the same day in which is received, by the General Secretary of the respective Chamber.
(4) The Constitutional Court shall communicate the reference to the President of Romania, to the presidents of the two Chambers of Parliament and to the Government.

Article 25. - The President of Romania, the Presidents of the two Chambers of Parliament and the Government may present written viewpoints, up to the date when de debates within the Plenum of the Constitutional Court take place.

Article 26. - (1) The debate on the constitutionality of a treaty or international agreement shall take place in the Plenum of the Constitutional Court, upon the receipt of the reference, documents and viewpoints, both on the provisions mentioned in the reference, as on the ones of which, necessarily and obviously, these cannot be dissociated.
(2) Following upon deliberations, the decision shall be pronounced by a majority vote of the Judges and shall be communicated to the President of Romania, to the presidents of the two Chambers of Parliament and to the Government.
(3) If the constitutionality of a treaty or international agreement has been found according to article 146 b) of the Constitution, republished, such a document cannot be the subject of an objection of unconstitutionality. The treaty or international agreement found to be unconstitutional shall not be ratified.

4. Constitutional Review of the Standing Rules of the Parliament

Article 27. - (1) The Constitutional Court shall adjudicate on the constitutionality of the Standing Rules of Parliament, upon reference made by the President of either Chamber, by a parliamentary group, or by at least fifty Deputies or at least twenty-five Senators.
(2) If reference has been made by Members of Parliament, the reference act shall be sent to the Constitutional Court by the Secretary General of the Chamber whose Members they are, on the same day when it has been deposited, and the Constitutional Court shall communicate it to the Presidents of the two Chambers, within twenty-four hours from its registration, specifying the date when the proceedings are to take place.
(3) The Presidents of the two Chambers may give the viewpoints of the Standing Bureau, but not later than until the date when proceedings are to be held.

Article 28. - (1) Proceedings shall take place in the Plenum of the Constitutional Court, on the basis of the reference act and the viewpoints received.
(2) The decision shall be pronounced by a majority vote of the Court's Judges and shall be announced to the Chamber whose Standing Orders have been reviewed.
(3) If a decision holds that certain provisions of the Standing Orders are unconstitutional, the Chamber that has been referred to, shall reconsider the aforesaid provisions, in order to bring them in accord with the Constitution. For this limited length of time the provisions found to be unconstitutional shall be suspended de jure. After this term the Standing Orders provisions declared unconstitutional shall cease their legal effects.

5. Settlement of an objection of unconstitutionality brought up before the courts of law or of commercial arbitration

Article 29. - (1) The Constitutional Court shall decide on the objections raised before the courts of law or of commercial arbitration regarding the unconstitutionality of a law or ordinance, or of a provision from a law or ordinance into force, on which depends the settlement of the case in any phase of the litigation and regardless of its subject matter.
(2) The objection may be raised upon request of either party or, ex officio, by the court of law or of commercial arbitration. The objection may be also raised before the court of law by the prosecutor-where he participates.
(3) The provisions found as unconstitutional by a previous decision of the Constitutional Court cannot be challenged by means of an objection.
(4) Reference to the Constitutional Court shall be ordered by the court of law before which the objection of unconstitutionality has been raised, in the form of an Interlocutory Order that comprises the parties' viewpoints, the court's opinion on the objection, and shall be accompanied by the evidence submitted by the parties. If the objection has been raised ex officio, the Interlocutory Order must state the reasons, and shall include the parties' arguments, as well as the necessary evidence.
(5) The case shall be adjourned for the duration of settlement of the objection of unconstitutionality.
(6) If the objection is inadmissible, being contrary to the provisions under paragraphs (1), (2) or (3), the court of law shall reject it by a reasoned Interlocutory Order, without referring such to the Constitutional Court. The Interlocutory Order can be challenged only by appeal lodged to the superior court, within 48 hours from its pronunciation. The appeal shall be adjudicated within 3 days.

Article 30. - (1) Upon receiving the Interlocutory Order provided under Article 29, paragraph (4), the President of the Constitutional Court shall designate one of the Judges as a rapporteur and shall communicate to the Presidents of the two Chambers of Parliament, to the Government and to the Advocate of the People, the Interlocutory Order through which the Constitutional Court has been referred to, indicating the date up to when they may forward their viewpoint. The provisions under Article 17, paragraph (2), shall be applied accordingly.
(2) The Judge designated as rapporteur, according to paragraph (1), is bound to take any necessary measures for the submission of evidence on the day when proceedings take place.
(3) Proceedings shall take place in the appointed day, on the basis of the acts comprised in the file, with due summoning of the parties and of the Public Ministry.
(4) Prosecutor's participation to the proceedings in compulsory. (5) The parties may be represented by lawyers who have the right to plead in the High Court of Cassation and Justice.

Article 31. - (1) The decision by which a law, an ordinance, or a provision from a law or ordinance in force has been found as unconstitutional shall be final and binding.
(2) If the objection has been admitted, the Court shall also adjudicate on the constitutionality of other provisions from the act objected to, which essentially and obviously cannot be dissociated of the provisions mentioned in the reference act.
(3) The provisions of the laws and ordinances in force, which are found to be unconstitutional, shall cease their legal effects within 45 days of the publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case may be, cannot bring into line the unconstitutional provisions with the provisions of the Constitution. For this limited length of time the provisions found to be unconstitutional shall be suspended de jure.
(4) The decisions pronounced under the conditions of paragraph (1) shall be communicated to the Chambers of Parliament and to the Government.

6.Settlement of an objection of unconstitutionality raised by the Advocate of the People

Article 32. - The Constitutional Court adjudicates on the objections of unconstitutionality brought up directly by the Advocate of the People regarding the constitutionality of a law or ordinance or of a provision of a law or ordinance in force.

Article 33. - In settling the objection of unconstitutionality, the provisions under Articles 29 to 31 shall be applied accordingly.

7. Settlement of legal disputes of a constitutional nature between public authorities

Article 34. - (1) The Constitutional Court solves legal disputes of a constitutional nature between public authorities, at the request of the President of Romania, one of the presidents of the two Chambers, the Prime Minister, or of the president of the Superior Council of Magistracy. (2) The request for the settlement of the dispute shall specify the public authorities in dispute, the legal text in dispute, the parties' position and the author's opinion.

Article 35. - (1) After receiving the request, the President of the Constitutional Court shall communicate it to the parties in dispute, soliciting them to express, in writing, within the established length of time, their viewpoints on the content of the dispute and on the possible ways of settling it, and shall designate the Judge-rapporteur.
(2) At the date in which the last viewpoint is received, but not later than 20 days from the receipt of the request, the President of the Constitutional Court shall establish the day when the proceedings take place and shall summon the parties involved in dispute. The proceedings shall take place in the day established by the President of the Constitutional Court even if any of the public authorities involved does not observe the appointed deadline for the presentation of the viewpoint.
(3) The proceedings shall take place on basis of the report drawn-up by the Judge-rapporteur, of the reference act, of the viewpoints presented according to paragraph (1), of the evidence submitted and of parties' arguments.

Article 36. - The decision by which is solved the legal dispute of a constitutional nature is final and shall be communicated to the author of the reference, as well as to the parties in dispute, before its publication in the Official Gazette of Romania, Part I.

8. Observance of the Procedure for the Election of the President of Romania

Article 37. - (1) The Constitutional Court shall see to the observance of the procedure for the election of the President of Romania and shall confirm the ballot returns.
(2) The result of the election for the office of President of Romania shall be validated by the Constitutional Court.

Article 38. - The challenges regarding the registration or non registration of candidatures to the office of President of Romania, as well as the ones regarding the impediment of a party or of a political formation or of a candidate to carry out its electoral campaign in the conditions of the law shall be solved by the Constitutional Court, under the terms stipulated by the Law for the Election of the President of Romania.

9. Adjudication of Challenges regarding the Constitutionality of a Political Party

Article 39. - (1) The Constitutional Court shall decide over challenges regarding the constitutionality of a political party.
(2) The challenge regarding the constitutionality of a political party may be filed in by the President of either Chamber of Parliament, or by the Government. The President of the Chamber may file a challenge only on the basis of a resolution passed by a majority vote of the Members of that Chamber.
(3) The challenge must be reasoned and have the evidence on which it is grounded, attached to it.

Article 40. - (1) For the settlement of the challenge, the President of the Constitutional Court shall designate one of the Judges as rapporteur, and this one is bound to communicate the challenge, together with documentary evidence, to the political party in question, specifying the date up to when a memorandum for defence may be submitted to the Court, together with related evidence.
(2) The adjudication shall be carried on, on the basis of the report presented by the judge designated in this purpose, and of the evidence submitted, with due summoning of the challenging applicant, of the political party whose constitutionality is being challenged against, and of the Public Ministry.
(3) The Parliament Chamber that filed the challenge, may be represented by a specially designated person, and the Government, by the Ministry of Justice. The political party may also be represented by a lawyer who has the right to plead in the High Court of Cassation and Justice.
(4) The decision of the Court shall not be subject to any appeal.

Article 41. - (1) The political parties may be declared unconstitutional in the cases provided under Article 40 paragraph (2) of the Constitution, republished.
(2) The decision by which the challenge has been granted shall be communicated to the Municipal Court of Bucharest, in order to have the unconstitutional political party struck off from the register of political parties.

10. Issuing an Advisory Opinion on the Proposal to Suspend the President of Romania from Office

Article 42. - (1) The Constitutional Court shall give advisory opinion on the proposal to suspend the President of Romania from office.
(2) A copy of the proposal to suspend the President of Romania from office, together with related evidence, shall be sent to the Constitutional Court by the President who chaired the joint session of the two Parliament Chambers.
(3) Upon receiving the request, the President of the Constitutional Court shall designate the Judge-rapporteur.

Article 43. - (1) The advisory opinion on the suspension from office of the President of Romania shall be issued by the Constitutional Court, based on the debate of the proposal of suspension and on the evidence submitted.
(2) The President of Romania shall be notified of the date fixed for the proceedings and he may give explanations as to the charges against him.
(3) The opinion of the Constitutional Court shall be communicated to the Presidents of the two Chambers and to the President of Romania.

11. Ascertaining the Circumstances which Justify the Ad Interim in the Exercise of the Office of the President of Romania

Article 44. - (1) The Constitutional Court shall ascertain whether circumstances exist to justify the ad interim in the exercise of the office of President of Romania, and communicates its findings to the Parliament and to the Government.
(2) A vacancy in the office of the President of Romania shall be ascertained upon request of the President of either Chamber of Parliament, or of the President ad interim who exercises the President of Romania's powers for the duration of his suspension from office.
(3) If the President of Romania has been suspended from office, the request for ascertaining the circumstances that justify the ad interim shall be made by the President who chaired over proceedings in joint session of the two Chambers of Parliament, on the basis of the resolution passed in that joint session.
(4) If the ad interim of the office of the President of Romania is because of a temporary incapacity to exert such powers, the request shall be made by the President of Romania or by the President of either Chamber of Parliament.

Article 45. - The request for ascertaining whether circumstances exist to justify the ad interim of the office of President of Romania shall be accompanied by all necessary evidence, and the Constitutional Court shall ascertain the existence of the aforesaid circumstances, by a majority vote of the Judges.

12. Exercising of powers relating to the procedure for the organisation and holding of a referendum and to the confirmation of its returns

Article 46. - (1) The Constitutional Court shall guard the observance of the procedure for the organisation and holding of a referendum and shall confirm its returns.
(2) In order to fulfil the provisions under paragraph (1), the Constitutional Court can request information to the public authorities.
(3) Central Electoral Bureau is bound to present, upon request of the Constitutional Court, information on the phases and operations of the holding of the referendum.

Article 47. - (1) The Plenum of the Constitutional Court shall decide by a majority of two thirds on the validity of the referendum.
(2) The decision of the Constitutional Court shall establish if the procedure for the organisation and holding of the referendum has been observed and shall confirm its returns.
(3) Before the publication in the Official Gazette of Romania, Part I, the decision of the Constitutional Court shall be presented to the Chamber of Deputies and to the Senate, met in joint session.

13. Checking the compliance with the conditions for the exercise of the legislative initiative by citizens

Article 48. - The Constitutional Court, ex officio or upon notification by the president of the Parliament Chamber where the legislative initiative of citizens was registered, shall ajudicate on:
a) constitutional character of the legislative proposal subject matter to the citizens initiative;
b) observance of the conditions regarding the publication of this proposal and if the lists of supporters are certified by the mayors of the administrative-territorial units or by their representatives;
c) achievement of the minimum number of supporters for the promotion of the initiative, provided under Article 74 paragraph (1) or ,as the case may be, under Article 150 paragraph (1) of the Constitution, republished, as well as on the observance of territorial distribution in counties and in Bucharest municipal, provided under the same Articles.

Article 49. - After receiving the notification, the President of the Constitutional Court shall designate the Judge-rapporteur and shall establish the date for the meeting of the judges, in order to check the initiative.

CHAPTER IV.
The Plenum of the Constitutional Court

Article 50. - The Plenum of the Constitutional Court, composed of the Court's Judges, shall fulfil its powers as provided by the Constitution and laws. The Plenum may take any necessary measure in order to ensure the smooth operation of the Court.

Article 51. - (1) The Constitutional Court works, subject to the law, in the presence of two-thirds of the Judges. The Plenum decides by a majority vote of the Judges, unless otherwise stipulated by law.
(2) Solutions adopted by the Court in exercising its jurisdictional powers, shall be entered in the register of adjudication sessions, and in administrative matter shall be written down, for each session in part, in a report, based on which the is issued a resolution, signed by the President of the Court and counter-signed by the Secretary General.
(3) For the exercise of attributes other than those related to carrying out the jurisdictional proceedings, the Plenum shall be called by the President of the Constitutional Court, at his initiative or on written request of another Judge. Such calling shall be upon an announced agenda, which is adopted by the Plenum, at the beginning of the session.

CHAPTER V
Standing Rules specific for the Constitutional Court activity

Article 52. - (1) All Judges of the Court shall participate in the sessions, except where any of them may have been impeded by a justified reason.
(2) Sessions shall be presided over by the President of the Court. In the absence of the President of the Court, the sessions shall be presided over by a judge designated by the President. Sessions must also be attended by the assistant-magistrate assigned to the Judge-rapporteur and, in cases provided by law, the representative of the Public Ministry and other persons or authorities specifically summoned.
(3) Proceedings shall develop on the basis of the reference act and file deeds, with no other than the Judges partaking therein, without the parties being summoned, except in the cases provided under Article 144 subparagraphs c) and i) of the Constitution. The President can invite anyone whose presence is deemed necessary, to give clarification.

Article 53. - (1) The access of the public is restricted to the number of seats in the session room. The Secretary General shall take measures so as to ensure public access into the session room.
(2) For purposes of ensuring the solemnity of sessions, the utilisation of any sound or video equipment for taking, recording, or broadcasting voice and/or picture in the courtroom shall be allowed only before commencement of proceedings, with prior authorization of the President of the Court.
(3) Any kind of propaganda, either viva voce or by posters, placards or other similar materials shall be strictly forbidden, under the sanction of being removed from the courtroom and having police called in, if so deemed necessary by the President, in regard of the gravity of such activity.
(4) Provisions under Articles 122 and 123 of the Code of Civil Procedure shall apply accordingly.
(5) Joining of files on the Constitutional Court docket shall be disposed when the objection subject-matter is identical.

Article 54. - While attending the public sessions, Judges, assistant-magistrates, public prosecutors, and lawyers shall wear court attires (robes).

Article 55. - Once legally vested with a case, the Court shall proceed to reviewing the constitutionality; provisions of the Code of Civil Procedure related to the suspension, interruption or premature termination of the proceedings, or to the challenge of Judges shall not be applicable.

Article 56. - During a public session underway, the assistant-magistrate shall write down in a notebook, with pages numbered and sealed, the file number, oral arguments made by the parties and of the public prosecutor, measures ordered by the Court, as well as any other aspects arising from the development of the proceedings. On its basis, the assistant-magistrate shall prepare the minutes of the proceedings. Such notebook shall be kept in the archives of the Court for a period of five years as of the date of the last written notes.

Article 57. - Should the Court defer the delivery of judgment, the President shall announce the day set for the pronouncement. As a rule, such deferment shall not exceed 30 days. When pronouncement is being given, the term at which the proceedings have taken place shall also be entered in the register of sessions.

Article 58. - (1) Deliberation shall be secret and attended only by the Judges who have also taken part in the proceedings. The assistant-magistrate who has prepared and participated in the proceedings may be consulted.
(2) The first who casts his vote is the Judge-rapporteur, second comes the youngest of the Judges, then the other ones, while the President is the last to vote.
(3) Where either of the Judges demands to interrupt deliberation in order to have a better sight into the matters under their current examination, and the President or at least one third of the Judges of the Plenum consider such request as being justified, pronouncement shall be adjourned for a later date, taking into account the urgency of the case.
(4) If further clarification of certain aspects may appear to be necessary while in the process of deliberation, the President may order that proceedings are re-opened, also taking all due procedural measures.

Article 59. - (1) The result of the deliberation is recorded in the minutes, which is signed by the Judges who have taken part in the session and by the assistant-magistrate.
(2) The assistant-magistrate shall forthwith enter any solution, as has been rendered, in the register of sessions, which is signed by the Judges.
(3) Any Judge may express a dissenting opinion, in which case he is bound to state the reasons up to the date when the decision is signed.

Article 60. - (1) Decisions, rulings, or advisory opinions shall be redacted in written form by the assistant-magistrate who has participated in the proceedings, and such shall be later on finalized, after examination by the Judge-rapporteur, in a session of the Judges who have made pronouncement. The term for redaction shall not exceed 30 days as of pronouncement.
(2) Decisions, rulings, or advisory opinions shall be certified by the President of the Court and by the assistant-magistrate who has participated in the proceedings. They receive numbering in their order of entry on the register of sessions, but singled out as decisions, rulings, and advisory opinions.
(3) The Court publishes collections of decisions and rulings and organises the systematisation of its jurisprudence.

CHAPTER VI
The status of the Judges of the Constitutional Court

Article 61. -(1) Judges of the Constitutional Court shall be independent in the exercise of their office and irremovable during the term of office. (2)Judges of the Constitutional Court cannot be held legally responsible for any opinion or vote given in adopting solutions.
(3) Judges of the Constitutional Court must have a degree in Law, high professional competence and at least eighteen-years of experience in the legal area or in academic activities in Law.
(4) The office of Judge shall be incompatible with any other public or private office, except that of academic professorial activity in Law.

Article 62. - The appointment of Judges, under this law, may be effected only with the candidate's prior consent made in writing. In case a candidate holds an office which is incompatible with that of Judge of the Constitutional Court, or is a member of a political party, this consent must comprise the candidate's commitment to resign from that office, or from the political party whose member he or she is, on the date of appointment.

Article 63. - (1) Judges of the Constitutional Court shall take, before the President of Romania and the Presidents of the two Chambers of Parliament, the following oath: "I hereby swear to uphold and safeguard the Constitution, to fulfil in good faith and without bias my duties as a Judge of the Constitutional Court. So help me God!".
(2) The oath shall be taken individually. A Judge of the Constitutional Court shall exercise office from the date of taking the oath.

Article 64. - Judges of the Constitutional Court shall be bound: (a) to fulfil the office assigned to them with impartiality and respect for the Constitution;
(b) to keep the secrecy of deliberations and votes, and to withhold from taking any public stand or giving any legal advice in matters falling within the jurisdiction of the Constitutional Court;
(c) to express their affirmative or negative vote in adopting the acts of the Constitutional Court, any abstention from the vote being disallowed;
(d) to inform the President of the Constitutional Court about any activity that might entail incompatibility with the exercise of their office;
(e) not to allow the use of their office for purposes of commercial publicity or propaganda of any kind whatsoever;
(f) to refrain from any activity or conduct which is contrary to the independence or dignity of their office.

Article 65. - The Plenum of the Constitutional Court shall have exclusive competence to establish the Judges' breaches of duties, sanctions, and the manner of application thereof.

Article 66. - (1) A Judge of the Constitutional Court may not be arrested or prosecuted against for a criminal offence or misdemeanour, without approval of the Standing Bureau of the Chamber of Deputies, the Senate, or the President of Romania, as the case may be, upon request of the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice.
(2) Legal competence for the trial of criminal offences committed by a Judge of the Constitutional Court shall belong to the High Court of Cassation and Justice.
(3) A Judge of the Constitutional Court shall be suspended from his office, de jure, as of the date of indictment for a criminal offence. In the case of a final conviction, that Judge shall be excluded de jure, otherwise, if acquitted, suspension shall cease.

Article 467. - (1) The office of Judge of the Constitutional Court shall cease: (a) at the expiration of the period of appointment, or in case of resignation, disfranchisement, exclusion de jure, or death;
(b) in situations of incompatibility, or of incapacity to exercise the office of a Judge for more than six months;
(c) in case of violation of the provisions under Article 16, paragraph (3) or Article 40, paragraph (3) of the Constitution, or for a serious violation of the obligations provided under Article 64.
(2) The cessation of the term of office, according to sub-paragraph (a), shall be ascertained by the President of the Constitutional Court, otherwise the termination of the office shall be decided in the Plenum, by a majority vote of the Court's Judges.

Article 68. - (1) Three months before expiration of the term of office of any of the Judges, the President of the Constitutional Court shall notify the President of the Chamber of Parliament which has appointed the respective Judge or, as the case may be, the President of Romania, calling for the appointment of another one; appointment shall be made at least one month before the end of the term of office held by the preceding Judge.
(2) If the office has ceased before the expiration of the period for which the Judge was appointed, and the remaining period is in excess of six months, the President shall notify the public authority provided under paragraph (1) above, within three days from the date on which the term of office has ceased, for the appointment of a new Judge. The term of office of the Judge thus appointed shall end at the expiration of the term held by the Judge replaced.
(3) If the period, for which a new Judge has been appointed, according to paragraph (2), is less than three years, this one may be appointed for a full term of office of nine years, when the Constitutional Court is renewed.

Article 69. - (1) Once a Judge's term of office has ended pursuant to the expiration of the period for which it was granted, that one shall have the right to be reinstated to the position previously held, if his or her appointment to the Constitutional Court was made under such reservation.
(2) If a Judge was holding a position as Magistrate, reservation is mandatory.
(3) Throughout the period of reservation, positions as provided under paragraphs (1) and (2) above may be occupied only by persons employed under a labour contract for limited duration.

Article 70. - The President of the Constitutional Court shall be equal to the President of the High Court of Cassation and Justice, and the Judges of the Constitutional Court, to the Vice-President of the High Court of Cassation and Justice, benefiting of an equal indemnity as these ones, increased with 15%, as well as of the other rights.

Article 71. - Judges who do have residence in Bucharest benefit of free accommodation, weekly transportation to and from the place of residence, as well as of daily allowance for the days in which he or she participates at the Constitutional Court proceedings, under the conditions stipulated by the law for deputies and senators.

Article 72. - (1) At the end of the term of office pursuant to the expiration of the period for which it was granted or to the incapacity to exercise his/her office for health reasons, the Constitutional Court judges benefit of an amount equal to the net indemnity for 6 month of activity.
(2) Judges of the Constitutional Court, at the date of retirement or recalculation of the pensions previously established, benefit of work pension equal with 80% of their monthly gross indemnity. The pension established in this way shall be updated in relation with the indemnity of the Constitutional Court judges and shall be taxed according to the law.
(3) Judges of the Constitutional Court have the right to own a diplomatic passport, under the terms of the law.

CHAPTER VII
The Constitutional Court Personnel

Article 73. - (1) The Constitutional Court personnel shall consist of: the body of assistant-magistrates and of the personnel of the General Secretariat, which is headed by a General Secretary.
(2) The General Secretary is assimilated to magistrates, and accordingly benefits of their rights. The full period while exercising the office of General Secretary of the Constitutional Court constitutes length of service in magistracy.
(3) The Secretary General shall be authorised to order payments from budgetary funds, as provided by Article 9 paragraph (2).

Article 74. - The statue of the Constitutional Court personnel shall be regulated by a special law.

CHAPTER VIII
Final and Transitory Provisions

Article 75. - (1) The Constitutional Court shall have its own budget, which is an integral party of the State budget.
(2) The draft budget shall be approved by the Plenum of the Constitutional Court, and it shall be forwarded to the Government in order to be distinctly included in the Draft Bill on the State Budget submitted to the legislature.

Article 76. - (1) The first Constitutional Court shall be set up within ten days from the publication of this law in the Official Gazette of Romania.
(2) To this effect, each Chamber of Parliament shall appoint three Judges for a period of three, six, and nine years, while keeping with provisions under Article 7 paragraph (4). The Judges shall be appointed in the order resulting from the number of votes each candidate has obtained. Likewise, the President of Romania shall appoint three Judges, one each for every such period.
(3) Within three days from establishment, the Court shall elect its President, and within ten days, it shall adopt its Standing Rules on Organisation and Functioning.

Article 77. - Public authorities, institutions, autonomous companies, trading companies and any other organisation shall be bound to communicate the information, documents, and deeds that they hold, when so requested by the Constitutional Court in order to fulfil its prerogatives.

Article 78. - In the year 1992, the Government out of the budgetary reserve at its disposal shall provide funds for the work of the Constitutional Court.

[*] Republished on the grounds of the provisions under Article III of Law no.232/2004 for the amendment and supplementation of Law no.47/1992 on the organization and operation of the Constitutional Court, published in the Official Gazette of Romania, Part I, no.502 of June 3rd 2004, being given a new numbering to the texts. Law no.47/1992 has been republished before in the Official Gazette of Romania, Part I, no.187 of August 7th 1997, and subsequently was again amended by Law no.124/2000 on the structure of the Constitutional Court Personnel, published in the Official Gazette of Romania, Part I, no.331 of July 17th 2000.