Relevant provisions:
Constitution of Romania:
– Article 146 g)
– Article 97
– Article 98
Law no.47/1992 on the organisation and functioning of the Constitutional Court:
– Article 44
– Article 45
The Constitutional Court ascertains the circumstances which justify the interim in the exercise of the office of President of Romania in the following cases:
– vacancy of office under Article 97 of the Constitution (resignation, removal from office, permanent impossibility to discharge his powers and duties, or death);
– when the President is suspended from office;
– when the President is on temporary impossibility to discharge his powers.
Referral to the Constitutional Court:
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.
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.
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.
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 debates take place without sending communication letter to the parties.
Type of act issued
Within this power, the Court renders, pursuant to the provisions of Article 11 (1) B. b) of Law no.47/1992, a ruling. The ruling shall be taken by the majority vote of the Court’s judges.
Communication of the ruling
The ruling is communicated to Parliament and to the Government.
All rulings rendered based on this area of jurisdiction, grouped per years, may be accessed here