LAW No. 47 of 18 May 1992[*]
on the Organisation and Operation of the Constitutional CourtChapter I - General Provisions
Article 1
1. The Constitutional Court shall be the guarantor for the supremacy of the Constitution.
2. Constitutional Court shall be the only authority of constitutional jurisdiction in Romania.
3. The Constitutional Court is independent of any other public
authority, and it shall be subject only to the Constitution and to the present law.
Article 2
1. The Constitutional Court shall ensure the constitutional review
of the laws, of the international treaties, of the standing orders of the Parliament,
and of the ordinances of the Government.
2. The provisions of the normative acts under paragraph 1 above,
which infringe the stipulations or principles of the Constitution, shall be unconstitutional.
3. The Constitutional Court shall adjudicate only on the constitutionality
of the acts in regard of which it has been apprised, 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 the exercise of its powers, the Constitutional Court shall
be the only authority entitled to decide upon its competence.
3. The competence of the Constitutional Court, as is established
in accordance with paragraph 2 above, cannot be contested by any public authority.
Article 4
The seat of the Constitutional Court shall be in the Municipality of Bucharest.
Chapter II - Organisation of the Constitutional Court
Article 5
1. The Constitutional Court shall consist of nine Judges appointed
for a term of office of nine years, that cannot be prolonged 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 the
Judges' number every three years.
4. By the vote of the majority of its members, on the proposal
of its Standing Bureau and on the recommendation of the Legal Committee, each
Chamber of Parliament shall appoint, in the capacity of Judge, that person who
has got the majority of votes.
5. Candidatures may be handed in to the Legal Committee by the
Parliamentary Groups, by Deputies and by Senators. Each candidate shall hand in
a curriculum vitae and documents proving that he or she meets the requirements
stipulated by the Constitution. The candidates shall be heard by the Legal
Committee and by the plenum of the Chamber. The report of the Legal Committee
shall be motivated with reference to all candidates.
Article 6
The Constitutional Court shall carry on its activity in plenum, under the conditions
of the present law and of its Organization and Operation Rules, 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 shall have a President elected by
secret ballot for a period of three years, by majority of the Judges' votes, within
five days from the renewal of the Court.
2. The President's term of office 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 propose a single candidature. If at the first ballot no candidate gets a majority
of votes, a second ballot shall be taken between the first two candidates qualified
or selected by drawing lots, if all candidates have received the same number of votes.
Proceedings for the election of the President shall be conducted by the Judge
who is the eldest of age.
4. The President shall appoint a Judge to replace him while absent.
Article 8
1. In case of vacancy of office, a President shall be elected to
act up to the end of the period of three years provided under Article 7, paragraph 1.
2. The election shall take place according to the procedure provided
under Article 7, paragraph 3, within five days from the finding of the vacancy.
Article 9
1. The President of the Constitutional Court shall have the following attributions:
a. to co-ordinate the activity of the Constitutional Court;
b. to convene and preside over the plenary
sessions of the Constitutional Court;
c. to designate the Judge-rapporteur in the
cases provided by law and to set the date for adjudication proceedings;
d. to represent the Constitutional Court before
public authorities and other Romanian or foreign organizations;
e. to establish the cases of cessation of the
Judges' mandates, as provided in the present law, and to notify the public authorities
that have appointed them about such vacancy in order to be filled;
f. to fulfil other attributions provided by the
law or by the Rules governing the organization and operation of the Constitutional Court.
2. The President shall oversee the activity carried out by the
Secretary General of the Constitutional Court in respect of the authorization of credits from the budget.
3. exercising his powers of administrative direction, the President shall issue orders.
Chapter III - Competence of the Constitutional Court
Section 1 - Common Provisions
Article 10
1. Institutions of proceedings can be made before the Constitutional
Court only for the cases expressly provided under Article 146 of the Constitution,
republished, or under its organic law.
2. The institutions of proceedings shall be made in writing and they shall be motivated.
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 shall pronounce on the constitutionality of the laws, before their promulgation,
when a case was submitted by the President of Romania, by one of the Presidents of
the two Chambers of Parliament, by the Government, by the High Court of Cassation
and Justice, by the Advocate of the People, by a number of at least fifty Deputies
or of at least twenty-five Senators, as well as ex officio, on initiatives of
revision of the Constitution;
b.
it shall pronounce on the constitutionality of the treaties or other international
agreements, before their ratification by Parliament, when a case was submitted by
one of the Presidents of the two Chambers, by a number of at least fifty Deputies
or of at least twenty-five Senators;
c.
it shall pronounce on the constitutionality of the standing orders of the Parliament,
when a case was submitted by one of the Presidents of the two Chambers, by a
parliamentary group or by a number of at least fifty Deputies or of at least
twenty-five Senators;
d.
it shall decide on the exceptions raised before courts of law or of commercial
arbitration regarding the unconstitutionality of the laws and ordinances, as well
as on those brought up directly by the Advocate of the People;
e.
it shall resolve the legal disputes of a constitutional nature between public
authorities, when a case was submitted by the President of Romania, by one of
the Presidents of the two Chambers, by the Prime-Minister, or by the President
of the Superior Council of the Magistracy;
f.
it shall decide on the objections regarding the constitutionality of a political party.
B. Rulings, in cases in which:
a.
it shall supervise the observance of the procedure for the election of the President
of Romania and it shall confirm the results of the suffrage;
b.
it shall ascertain the existence of circumstances which justify the interim in
the exercise of the office of President of Romania and it shall report its findings
to the Parliament and to the Government;
c.
it shall supervise the observance of the procedure for the organization and carrying
out of a referendum and it shall confirm its results;
d.
it shall verify the fulfilment of the conditions for the exercising of the legislative initiative by the citizens.
C. Advisory opinions on the proposal to
suspend the President of Romania from office.
2. Decisions and rulings shall be delivered in the name of the law.
3. Decisions, rulings and advisory opinions 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 with effects only for the future.
Article 12
1. The sessions of judgement shall be open, unless, with good reason, the Court shall decide otherwise.
2.
The parties involved shall have access to the deeds of the case.
3.
The acts and proceedings of the Constitutional Court, on the basis of which it
shall pronounce its decisions and rulings or it shall issue its advisory opinions
provided under Article 11, shall not be made public.
Article 13
Applications submitted to the Constitutional Court shall be exempt from revenue-stamp.
Article 14
The jurisdictional procedure provided under the present law shall be supplemented
by the rules of civil procedure, to the extent to which they are compatible with
the nature of the proceedings before the Constitutional Court. The compatibility
shall be decided exclusively by the Constitutional Court.
Section 2 - Jurisdictional Procedure
1 - Review on the Constitutionality of the Laws before Promulgation Article 15
1.
When a case is submitted by the President of Romania, by one of the Presidents of
the two Chambers of Parliament, by the Government, by the High Court of Cassation
and Justice, by the Advocate of the People, by a number of at least fifty Deputies
or of least twenty-five Senators, the Constitutional Court shall pronounce on the
constitutionality of the laws before their promulgation.
2.
In order to exercise the right to submit a case to the Constitutional Court, the
law shall be reported to the Government, to the High Court of Cassation and Justice,
as well as to the Advocate of the People, and it shall be handed in to the Secretary
General of the Chamber of Deputies and of the Senate, five days before it is presented
for promulgation. If the law has been passed under an expeditious procedure,
the term shall be of two days.
3.
The date on which the law has been handed in to the Secretaries General of the two
Chambers shall be brought to the notice of the plenum of each Chamber within
twenty-four hours from its registration. The handing in and the notification shall
be made only on the days in which the Chambers of Parliament sit in plenum.
4.
When a case is submitted to the Court by Members of Parliament, the act on the
respective case shall be sent to the Constitutional Court on the same day when it
was received by the Secretary General of the respective Chamber.
Article 16
1.
In case an institution of proceedings has been made by one of the Presidents of
the two Chambers of Parliament, by the Members of Parliament, by the Government,
by the High Court of Cassation and Justice, or by the Advocate of the People,
the Court shall communicate the act on the case thus received to the President
of Romania, on the day of its registration.
2.
If the institution of proceedings was made by the President of Romania, by the
Members of Parliament, by the High Court of Cassation and Justice, or by the
Advocate of the People, the Constitutional Court shall communicate such to the
Presidents of the two Chambers of Parliament and the Government within twenty-four
hours from the registration, also specifying the date when the debates are to take place.
3.
If the institution of proceedings was made by one of the Presidents of the two
Chambers of Parliament, the Constitutional Court shall communicate such to the
President of the other Chamber and to the Government, as well as to the Advocate
of the People, and if the institution of proceedings was 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 above
being applied accordingly.
Article 17
1.
The Presidents of the two Chambers of Parliament, the Government and the Advocate
of the People may present their point of view in writing, by the date of the debates.
2.
The Government's point of view shall be presented only under the signature of the Prime-Minister.
Article 18
1.
The debate shall take place in the plenum of the Constitutional Court, with the
participation of the Judges of the Court, on the basis of the act on the case
submitted to the Court, of the deeds and of the viewpoints received, both on the
provisions mentioned in the respective act and on those which cannot obviously and
necessarily be dissociated.
2.
Following upon deliberation, the decision shall be pronounced by the majority of
the Judges' votes and it shall be notified to the President of Romania. The decision
by which the unconstitutionality of the law is established shall also be notified
to the Presidents of the two Chambers of Parliament and to the Prime-Minister.
3.
In cases of unconstitutionality which concern the laws, before their promulgation,
the Parliament shall be bound to re-examine the respective provisions in order to
bring them into accord with the decision of the Constitutional Court.
2 - Verification on the Constitutionality of Initiatives for the Revision of the Constitution Article 19
Before submission to the Parliament in order to initiate the legislative procedure
for the revision of the Constitution, the bill or the legislative proposal, accompanied
by the opinion of the Legislative Council, shall be handed in to the Constitutional
Court, which shall have to pronounce on the observance of constitutional provisions
in regard of such revision within ten days.
Article 20
On receiving the bill or legislative proposal, the President of the Court shall
designate a Judge-rapporteur and set the date for adjudication proceedings.
Article 21
1.
The Constitutional Court shall pronounce on the bill or legislative proposal by
the vote of two thirds of the number of Judges.
2.
The decision of the Constitutional Court shall be notified to the initiators of the
bill or legislative proposal, or to their representative, as the case may be.
Article 22
The bill or legislative proposal can be presented to the Parliament only together
with the decision of the Constitutional Court, notified according to Article 21, paragraph 2.
Article 23
1.
The Constitutional Court shall ex officio pronounce on the law for the revision
of the Constitution within five days from its passage, the provisions under Articles 20
and 21 being applied accordingly.
2.
The decision by which it is found that constitutional provisions concerning revision
have not been complied with 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 and bring it into
accord with the decision of the Constitutional Court.
3 - Review on the Constitutionality of the Treaties or other International Agreements Article 24
1.
The Constitutional Court shall pronounce on the constitutionality of the treaties or
other international agreements before their ratification by Parliament, when a case
is submitted to the Court by one of the Presidents of the two Chambers, by a number
of at least fifty Deputies or at least twenty-five Senators.
2.
If the institution of proceedings is made by one of the Presidents of the two Chambers
of Parliament, the Constitutional Court shall communicate the act on the respective
case to the President of Romania, to the President of the other Chamber, and to the Government.
3.
When a case is submitted to the Court by Members of Parliament, the act on the case
shall be registered at the Senate or at the Chamber of Deputies, as the case may be,
and sent to the Constitutional Court on the same day when it was received by the
Secretary General of the respective Chamber.
4.
The Constitutional Court shall communicate the act on the case 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 their point of view in writing, by the date of the debates
in the plenum of the Constitutional Court.
Article 26
1.
The debates on the constitutionality of the treaty or international agreement shall
take place in the plenum of the Constitutional Court, on the basis of the act on
the case submitted to the Court, of the documents and the viewpoints received,
both on the provisions mentioned in the respective act and on those which cannot
obviously and necessarily be dissociated.
2.
Following upon deliberation, the decision shall be pronounced by the majority of
votes of the Judges and it shall be communicated to the President of Romania, to
the Presidents of the two Chambers of Parliament and to the Government.
3.
When the constitutionality of the treaty or international agreement has been established
according to Article 146, subparagraph b) of the Constitution, republished, such
cannot form the object of an exception of unconstitutionality. A treaty or international
agreement which was found unconstitutional cannot be ratified.
4 - Review on the Constitutionality of the Standing Orders of Parliament Article 27
1.
The Constitutional Court shall pronounce on the constitutionality of the standing
orders of Parliament, when a case is submitted to the Court by one of the Presidents
of the two Chambers, by a parliamentary group or by a number of at least fifty Deputies
or at least twenty-five Senators.
2.
In case the institution of proceedings is made by Members of Parliament, the act
relating to it shall be sent to the Constitutional Court by the Secretary General
of the Chamber to which they belong, on the same day when it was handed in, and the
Constitutional Court shall inform the Presidents of the two Chambers of Parliament
within twenty-four hours from the registration, specifying the date when the debate is to take place.
3.
The Presidents of the two Chambers of Parliament may notify the viewpoints of the
Standing Bureau, by the date of the debates.
Article 28
1.
The debates shall take place in the plenum of the Constitutional Court, on the basis of
the act on the case submitted to the Court and of the viewpoints received.
2.
The decision shall be pronounced by the majority of votes of the Judges of the Court and
it shall be brought to the notice of the Chamber whose standing orders were debated.
3.
If by the decision certain provisions of the standing orders are found unconstitutional,
the Chamber whom the case was submitted to shall re-examine these provisions within
forty-five days, in order to bring them into accord with the stipulations of the Constitution.
For this limited length of time the provisions of the standing orders which are declared
unconstitutional shall be suspended. At the expiry of this term of forty-five days, the
provisions declared unconstitutional shall cease their legal effects.
5 - Settlement of the Exception of Unconstitutionality Raised before the Courts
of Law or of Commercial Arbitration Article 29
1.
The Constitutional Court shall decide upon the exceptions raised before the courts
of law or of commercial arbitration referring to the unconstitutionality of laws and
ordinances which are in force, or any provision thereof, where such is in connection
with the judgment of the case at any stage of trial proceedings and regardless of its object.
2.
The exception can be raised at the request of either party or ex officio, by the court of
law or of commercial arbitration hearing the case. Likewise, the prosecutor is
entitled to raise this exception before the court in cases where he participates in trial proceedings.
3.
Legal provisions whose unconstitutionality has been found by prior decision of the
Constitutional Court cannot form the object of an exception.
4.
The case shall be referred to the Constitutional Court by the Instance before which
the exception of unconstitutionality was raised, through an interlocutory order
which shall include the parties' for and against viewpoints, and the opinion of
the Instance on the exception, together with the evidence provided by the parties.
In case the exception has been raised by the Instance, ex officio, the interlocutory
order shall be motivated, including also the arguments of the parties, as well as the necessary evidence.
5.
During the period in which the exception of unconstitutionality is being examined,
proceedings in the case pending before the Instance shall be suspended.
6.
If the exception is inadmissible, being contrary to provisions under paragraphs
1, 2 or 3 above, the Instance shall, through a motivated interlocutory order,
dismiss the request for referring the case to the Constitutional Court. The interlocutory
judgment is subject only to an appeal lodged to the superior court, within forty-eight
hours from the pronouncement. The appeal shall be heard within three days.
Article 30
1.
On receiving the interlocutory order provided under Article 29, paragraph 4, the
President of the Constitutional Court shall designate the Judge-rapporteur and also
notify the Presidents of the two Chambers of Parliament, the Government and the
Advocate of the People, of the interlocutory order by which the Constitutional
Court was apprised, indicating the date by which they can submit their viewpoint.
The provisions under Article 17, paragraph 2 shall be applied accordingly.
2.
The Judge designated as rapporteur, subject to paragraph 1 above, shall be bound to
take the necessary measures for evidence to be given by the date of judgment.
3.
Judgment shall take place at the date established, on the basis of the deeds of the
case, with due summoning of the parties and of the Public Ministry.
4.
The prosecutor's attendance to the proceedings is mandatory.
5.
The parties may be represented by lawyers having the right to plead before the
High Court of Cassation and Justice.
Article 31
1.
The decision by which the unconstitutionality of a law or of an ordinance which is
in force, or of provisions thereof, is established shall be final and binding.
2.
If the exception is admitted, the Court shall also pronounce upon the constitutionality
of other provisions of the normative act being challenged, of which those mentioned
in the case referral act cannot obviously and necessarily be dissociated.
3.
Provisions of the laws and ordinances in force which are found unconstitutional
shall cease their legal effects within forty-five days from the publication of the
decision of the Constitutional Court if in the bounds of said interval neither Parliament
nor the Government, as may be applicable, have brought these unconstitutional provisions
into accord with those of the Constitution. For this limited length of time the provisions
declared unconstitutional shall be suspended de jure.
4.
The decisions pronounced under the conditions of paragraph 1 above shall be notified
to the two Chambers of Parliament and to the Government.
6 - Settlement of the Exception of Unconstitutionality Raised by the Advocate of the People Article 32
The Constitutional Court shall decide on the exceptions of unconstitutionality brought
up directly by the Advocate of the People regarding the constitutionality of a law or
ordinance which is in force, or of any provision thereof.
Article 33
In resolving the exception of unconstitutionality, the provisions under Articles 29 to
31 shall be applied accordingly.
7 - Resolution of Legal Disputes of a Constitutional Nature between Public Authorities Article 34
1.
The Constitutional Court shall resolve legal disputes of a constitutional nature
between public authorities, at the request of the President of Romania, of one of
the Presidents of the two Chambers, of the Prime-Minister, or of the President of
the Superior Council of the Magistracy.
2.
The request for settlement of such dispute shall indicate the public authorities which
are in conflict, the legal texts upon which the conflict is bearing, and also include a
presentation of the parties' stance and of the applicant's opinion.
Article 35
1.
On receiving the request, the President of the Constitutional Court shall communicate
it to the parties in conflict, soliciting them to express, in writing, their viewpoint
on the subject matter at dispute and the possible ways for resolution, to be handed
in within the established term, and shall designate the Judge-rapporteur.
2.
At the date when the last viewpoint has been received, but not later than twenty days
from the receipt of the request, the President of the Constitutional Court shall
establish the date for the hearing session to which he shall summon the parties
involved in the dispute. The debate shall take place on the day fixed by the President
of the Constitutional Court, regardless of whether either of the public authorities
involved has failed to meet the deadline for presenting its point of view.
3.
The debate shall take place on the basis of the report presented by the Judge-rapporteur,
of the act on the case submitted to the Court, of the viewpoints presented according to
paragraph 1 above, of the evidence given and the parties' arguments.
Article 36
The decision by which is solved the legal conflict of a constitutional nature shall
be final and it shall be communicated to both the applicant, and 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 supervise the observance of the procedure for the
election of the President of Romania, and it shall confirm the ballot returns.
2.
The result of the elections to the office of President of Romania shall be validated by the Constitutional Court.
Article 38
Objections as to the registration or non registration of a candidacy to the office
of President of Romania, as well as to hindrance of a political party or formation,
or of a candidate, to carry out electoral campaigning under the conditions of the
law shall be resolved by the Constitutional Court, by majority of votes of the
Judges, within the terms stipulated by the Law for the Election of the President of Romania.
9 - Trial of Objections on the Constitutionality of a Political Party Article 39
1.
The Constitutional Court shall decide on objections regarding the constitutionality of a political party.
2.
The objection on the constitutionality of a political party may be formulated by
the President of one of the Chambers of Parliament, or by the Government. The President
of the Chamber may formulate the objection only on the basis of a decision adopted
by the Chamber by the majority of votes of its members.
3.
The objection has to be motivated, and the evidence on which it rests must be annexed.
Article 40
1.
In order to resolve the objection, the President of the Constitutional Court shall
designate the Judge-rapporteur, who shall have to notify the political party in question
on the respective objection, together with the proving deeds, precisely stating the
date by which a memorial in defence can be laid before the Court, together with the
appropriate evidence.
2.
The objection shall be judged, with due summoning of the objector, of the political
party whose constitutionality is contested, and of the Public Ministry, on the basis
of the report presented by the Judge designated to this end, and of the given evidence.
3.
The Chamber of Parliament which has handed in the objection can be represented by a
person it shall designate, and the Government shall be represented by the Ministry
of Justice. The political party can also be represented by a lawyer having the right
to plead before the High Court of Cassation and Justice.
4.
The decision of the Court shall not be subject to any appeal.
Article 41
1.
Political parties can be declared unconstitutional in the cases provided under
Article 40, paragraph 2 of the Constitution, republished.
2.
The decision granting the objection shall be notified to the Tribunal of Bucharest for
striking the unconstitutional party off from the register of lawfully constituted political parties.
10 - Issue of 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 the evidence on which it is based, shall be sent to the Constitutional Court
by the President who presided the common session of the two Chambers.
3.
On receiving the impeach, the President of the Constitutional Court shall designate the Judge-rapporteur.
Article 43
1.
The advisory opinion on the suspension of the President of Romania from office shall
be issued by the Constitutional Court following upon debate on the proposal of
suspension and on the given evidence.
2.
The President of Romania shall be notified of the date fixed for the debate, and he may
offer explanations regarding the imputations brought to him.
3.
The advisory opinion of the Constitutional Court shall be notified to the Presidents
of the two Chambers of Parliament, and to the President of Romania.
11 - Establishment of the Reality of Circumstances Justifying the Interim in the
Exercising of the Office of President of Romania Article 44
1.
The Constitutional Court shall establish the reality of the circumstances justifying
the interim in the exercising of the office of President of Romania, and it shall notify
its findings to the Parliament and to the Government.
2.
The vacancy of the office of President of Romania shall be established at the request
of one of the Presidents of the Chambers of Parliament, or of the President ad interim,
exercising the attributions of the President of Romania while the President is suspended from office.
3.
In case the President of Romania has been suspended from office, the request to establish
the circumstances justifying the interim shall be made by the President who presided over
the proceedings of the common session of the two Chambers of Parliament, on the
basis of the decision adopted at the common session.
4.
If the interim of the office of President of Romania is due to a temporary incapacity
to exercise the presidential attributions, the request shall be made by the President
of Romania, or by the President of one of the Chambers of Parliament.
Article 45
The request for establishing the reality of the circumstances justifying the interim
in the office of President of Romania shall be presented together with the necessary
evidence, and the finding of these circumstances shall be pronounced by the Constitutional
Court, by the majority of the Judges' votes.
12 - Exercising of Powers in regard of the Organization and Carrying-out of a
Referendum and the Confirmation of Results Article 46
1.
The Constitutional Court shall supervise the observance of the procedure for the
organization and carrying out of a referendum, and it shall confirm its results.
2.
In order to implement the provisions under paragraph 1 above, the Constitutional
Court is entitled to request information from any public authority.
3.
At the request of the Constitutional Court, the Central Election Committee must present
information on the stages and operations related to the carrying out of the referendum.
Article 47
1.
The Plenum of Constitutional Court shall decide on the validity of the referendum, with a two thirds majority.
2.
The ruling made by the Constitutional Court establishes whether the procedure for
the organization and carrying out of the referendum has been complied with, and it
shall confirm its results.
3.
Before publication in the Official Gazette of Romania, Part I, the ruling of the
Constitutional Court shall be presented to the Chamber of Deputies and the Senate,
in their common session.
13 - Verification of the Fulfilment of the Conditions for the Exercising of the
Legislative Initiative by the Citizens Article 48
The Constitutional Court shall, ex officio or on the basis of the act on the case
submitted by the President of the Chamber of Parliament at which the citizens'
legislative proposal has been registered, pronounce upon:
a.
the constitutionality of the legislative proposal which forms the object of the citizens' initiative;
b.
the fulfilment of the conditions relative to the publication of this proposal and
whether the lists of supporters are duly certified by the mayors of the administrative-territorial
units or by their empowered representatives;
c.
the attainment of the minimum number of supporters required for the promotion of such
initiative, as provided under Article 74, paragraph 1 or, as the case may be, under
Article 150, paragraph 1 of the Constitution, republished, as well as the observance
of their territorial dispersion in counties and in the Municipality of Bucharest,
provided under the same Articles.
Article 49
On receiving the act on the respective case, the President of Constitutional Court
shall designate the Judge-rapporteur and fixes the date when the Judges shall convene
in order to verify 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 the law. The Plenum can take any
necessary measure in order to ensure proper operation of the Court.
Article 51
1.
The Constitutional Court shall be authorized to act in the presence of two-thirds
of the Judges. The Plenum decides by the majority of votes of the Judges, unless otherwise stipulated by law.
2.
The disposition of a case reached by the Constitutional Court in the exercising of
jurisdictional powers, shall be entered in the register of adjudication sessions,
while in administrative matters such shall be written down, for each session in part,
in a report which is the basis for issuing a resolution to be signed by the President
of the Court and counter-signed by the Secretary General.
3.
In order to exercise attributions other than jurisdictional powers, the Plenum shall
be convened by the President of the Constitutional Court, at his own initiative or
on written request from another Judge. Such calling shall be upon an announced agenda,
which is adopted by the Plenum, at the beginning of the session.
Chapter V - Procedural Rules specific for the Activity of the Constitutional Court
Article 52
1.
All Judges of the Constitutional Court shall have to participate in the Plenum sessions,
except where some of them are not in attendance for justified reasons.
2.
Sessions shall be presided over by the President of the Constitutional 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, by the representative
of the Public Ministry and by other persons or authorities summoned to this end.
3.
Debates shall take place on the basis of the act on the case submitted to the Court
act and of its other deeds, with no other than the Judges partaking therein, without
the parties being summoned, except in the cases provided under Article 146 subparagraphs d), e) and k) of the Constitution, republished. 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 courtroom.
The Secretary General shall take measures so as to ensure public access into the courtroom.
2.
For purposes of ensuring the solemnity of sessions, the utilization 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 Constitutional 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 the President of the Constitutional
Court so deems necessary 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.
A joining of cases entered on the docket of the Constitutional Court is ordered
when the object of the exception is identical.
Article 54
While attending public sessions, the Judges, the assistant-magistrates, public prosecutors,
and lawyers shall wear court attires (robes).
Article 55
Once legally vested with a case, the Court shall proceed to carrying on the review of
constitutionality, in which neither provisions of the Code of Civil Procedure regarding
the suspension, interruption or termination of proceedings, nor those concerning the
challenge of Judges shall be applicable.
Article 56
In the course of a public session the assistant-magistrate shall take notes, per
case number, of the oral arguments made by the parties and by the public prosecutor,
of the measures ordered by the Court, as well as of any other aspects arising from the
development of the proceedings, in the record book whose pages are consecutively numbered
and affixed with a seal. On its basis, the assistant-magistrate shall prepare the
minutes of the proceedings. Such records shall be kept in the archives of the Court
for a period of five years as from the date of the last written notes.
Article 57
Should the Constitutional Court defer the delivery of judgment, the President shall
announce the day set for the pronouncement. As a rule, such postponement shall not exceed
thirty days. When pronouncement is being given, the date on which the debates have
taken place shall also be entered in the register of adjudication sessions.
Article 58
1.
Deliberation shall be in secret, and only the Judges who have also taken part in
the debates are allowed to attend. The assistant-magistrate who has prepared and
participated in the debate proceedings may be consulted.
2.
The first one to vote is the Judge-rapporteur, second comes the youngest of the Judges,
then the others, while the President of the Constitutional Court 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 of the
Constitutional Court or at least one third of the Judges of the Plenum consider that
such request has good reason, 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 of the Constitutional Court may order that
proceedings be 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 the dispositions of the case as have
been rendered, into the register of sessions, and it shall be signed by the Judges.
3.
Judges who have given a negative vote may formulate a separate opinion. With regard
to the reasoning of the decision, it is also possible to write a concurring opinion.
The separate (dissenting) and, as the case may be, concurring opinion shall be
published in the Official Gazette of Romania, Part I, together with the decision.
Article 60
1.
Decisions, rulings, and advisory opinions shall be drafted in written form by the
assistant-magistrate who has participated in the proceedings, under the guidance
of the Judge-rapporteur. The term for redaction shall be maximum thirty days as from the pronouncement.
2.
Decisions, rulings, or advisory opinions shall be certified by the President of the
Constitutional Court and by the assistant-magistrate who has participated in the proceedings.
They receive numbers 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 - Tenure of the Judges of the Constitutional Court
Article 61
1.
The Judges of the Constitutional Court shall be independent in the exercising of
their attributions and irremovable during the term of office.
2.
The Judges of the Constitutional Court cannot be held legally responsible for their
opinions and for the votes cast in rendering the decisions.
3.
The Judges of the Constitutional Court must have graduated in law, must have high
professional competence, and at least eighteen years experience in juristical or academic activities in law.
4.
The office of Judge is incompatible with any other public or private office, except
that of academic professorial activity in law.
Article 62
The appointment of the Judges under the conditions of the present law can be made
only with the previous agreement of the candidate, expressed in writing. In case the
candidate holds an office incompatible with that of Judge at the Constitutional
Court, or he is a member of a political party, the agreement shall necessarily
include the candidate's engagement to resign from that office or from the political
party whose member he or she is, on the day of the 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 swear to respect and abide by the Constitution, and to fulfil in good faith and without
partiality my obligations as Judge of the Constitutional Court. So help me God!"
2.
The oath shall be taken individually. The Judges of the Constitutional Court shall
exercise their office from the date of their taking the oath.
Article 64
The Judges of the Constitutional Court shall be under an obligation:
a.
to perform their function unbiasedly and in abidance by the Constitution;
b.
to keep the secret of the deliberations and of the votes, and not to take a public
stand, or to give legal opinion in matters within the competence of the Constitutional Court;
c.
to express their affirmative or negative vote in adopting the acts of the Constitutional
Court, abstention from voting not being permitted;
d.
to impart to the President of the Constitutional Court any activity which
might entail incompatibility with the mandate exercised;
e.
to preclude the use of the office performed for purposes of trade publicity or propaganda of any kind whatsoever;
f.
to abstain from any activity or manifestation contrary to the independence or dignity of their office.
Article 65
The Plenum of the Constitutional Court shall be exclusively competent to establish the
Judges' infringements of discipline, the sanctions, and the mode of their application.
Article 66
1.
The Judges of the Constitutional Court cannot be arrested, nor can they be indicted for
criminal offences, unless approved by the Standing Bureau of the Chamber of Deputies,
or of the Senate, or by the President of Romania, as the case may be, and at the
request of the Prosecutor General of the Prosecutor's Office attached to the High
Court of Cassation and Justice.
2.
The legal competence for trial of the offences committed by Judges of the Constitutional
Court shall belong to the High Court of Cassation and Justice, Criminal Division.
3.
The Judge of the Constitutional Court shall be suspended from office, de jure, from
the date of his indictment for a criminal offence. In case of conviction by final
sentence, the judge shall be excluded de jure, and in case of a not guilty verdict,
the suspension shall cease.
Article 67
1.
The mandate of Judge of the Constitutional Court shall cease:
a.
expiration of the term of appointment, or in case of resignation, disfranchisement,
exclusion de jure, or of demise;
b.
in situations of incompatibility, or of impossibility of exercising the office of
Judge for a period which is longer than six months;
c.
in case of infringement of the provisions of Article 16, paragraph 3 or of Article 40,
paragraph 3 of the Constitution, republished, or of severe infringement of the
obligations provided under Article 64.
2.
The establishment of the cessation of the mandate, according to subparagraph a. above,
shall be made by the President of the Constitutional Court, and in the other cases
the cessation of the mandate shall be decided in plenum by the majority of votes
of the Court's Judges.
Article 68
1.
Three months before expiration of the mandate of each Judge, the President of the
Court shall notify the President of the Chamber of Parliament which has appointed
the Judge or, as the case may be, the President of Romania, soliciting the appointment
of another Judge in his or her place; the appointment shall be made at least one
month before the cessation of the mandate of the preceding Judge.
2.
In case the mandate has ceased before the expiration of the duration for which the
Judge was appointed, and the remaining period exceeds six months, the President
shall notify the public authority provided under paragraph 1 above, within three
days at the most from the date of cessation of the mandate, in order to appoint
a new Judge. The mandate of the Judge thus appointed shall cease at the expiration
of the mandate of the Judge replaced.
3.
In case the period for which the new Judge has been appointed according to paragraph 2
above is shorter than three years, on renewal of the Constitutional Court, the
respective Judge can be appointed for a full mandate of nine years.
Article 69
1.
After cessation of the mandate as a result of the expiration of the period for which
it was granted, the Judge shall have the right to resume the position previously
held, if his or her appointment to the Constitutional Court was made on condition
of its reservation.
2.
In case the Judge held a magistrate office, the reservation of the office is obligatory.
3.
During the period it is reserved, the office provided under paragraphs 1 and 2 above
can be occupied only by labour contract for a determined duration.
Article 70
The President of the Constitutional Court shall be equal in rank with the President
of the High Court of Cassation and Justice, and the Judges of the Constitutional
Court, with the Vice-President of the High Court of Cassation and Justice, and
benefit of equal indemnity as these ones, increased by 15%, as well as of any other rights.
Article 71
Judges who are not domiciled in the Municipality of Bucharest shall be entitled to
free accommodation, weekly transportation to and from their respective locality of
residence, as well as to a per diem allowance for the days in which they participate
in the working of the Constitutional Court, under the same conditions as stipulated
by law with regard to Deputies and Senators.
Article 72
1.
Upon cessation of the mandate as a result of the expiration of its term of office,
or incapacity to exercise office for reasons of ill health, the Judges of the
Constitutional Court shall benefit of an amount equal to the net indemnity for
six months of activity.
2.
On the date of retirement or recalculation of pensions as have been established
up to that time, the Judges of the Constitutional Court shall benefit of a service
pension whose amount equals 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.
The Judges of the Constitutional Court have the right to hold a diplomatic passport,
under the terms of the law.
Chapter VII - Personnel of the Constitutional Court
Article 73
1.
The personnel of the Constitutional Court is made up of the body of Assistant-Magistrates
and of the staff of the General Secretariat, which is headed by a Secretary General.
2.
The Secretary General shall be assimilated with the magistrates, and shall accordingly
enjoy their rights. The period of time in fulfilling the office of Secretary General
of the Constitutional Court shall count as length of service in magistracy.
3.
The Secretary General has authorization of credits from the budget, under the
conditions of Article 9 paragraph 2.
Article 74
The legal status of the personnel of the Constitutional Court shall be regulated under a special law.
Chapter VIII - Final and Transitory Provisions
Article 75
1.
The Constitutional Court shall have its own budget, which shall be an integral part of the State budget.
2.
The draft of the budget shall be approved by Plenum of the Constitutional Court,
and it shall be forwarded to the Government in order to be distinctively included in the State budget.
Article 76
1.
The first Constitutional Court shall be set up within ten days at the most from the
publishing date of the present law in the Official Gazette of Romania.
2.
To this end, each Chamber of Parliament shall appoint three Judges for a period of
three, six, and nine years, while observing the provisions of Article 5, paragraph 4.
The Judges shall be appointed according to the number of votes expressed for each
candidate. Likewise, the President of Romania shall appoint three Judges for the same periods.
3.
Within three days from its setting up, the Court shall elect a President, and within
ten days it shall adopt the Organization and Operation Rules.
Article 77
Public authorities, institutions, self-managed public companies, trading companies
and all the other organizations shall have to communicate any information, documents,
and deeds they hold, and which are requested by the Constitutional Court for the
fulfilment of its powers.
Article 78
For the year 1992, the sums required for the operation of the Constitutional Court
shall be provided by the Government from the budgetary reserve existing at its disposal.
[*]
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.
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