Constitutional review of the Standing Orders of the Parliament

Relevant provisions

Constitutional review of the Standing Orders of Parliament is regulated by Article 146 c) of the Constitution and by Articles 27 – 28 of Law no.47/1992.

Authors of the referral

Referral concerning the issue of constitutionality of the Standing Order of Parliament can be brought by:

– one of the presidents of the two Chambers of Parliament;

– a parliamentary group;

– at least 50 Deputies;

– or at least 25 Senators.

Subject matter of the referral

The subject matter of this type of constitutional review is the Standing Orders of Parliament. These are of three types:  Regulations of the Senate, Regulations of the Chamber of Deputies and Regulations of the Joint Sessions. The Regulations of a Chamber of Parliament contains rules on its internal organisation, as well as on the way of operation.

Referral to the Constitutional Court

In case the institution of proceedings is made by Members of Parliament, the act of reference 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.


The President of the Constitutional Court, having received the act of reference, shall designate the Judge-Rapporteur and shall set the date of the plenum session.

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.

The Presidents of the two Chambers of Parliament may notify the viewpoints of the Standing Bureau, by the date of the debates.

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.

Type of act issued

Within this power, the Court renders, pursuant to the provisions of Article 11 (1) A. c) of Law no.47/1992, a decision. The decision shall be taken by the majority vote of the Court’s judges.

Communication of the decision

Decisions in this matter shall be brought to the notice of the Chamber whose standing orders were debated.

Effects of the decision

If by the decision certain provisions of the standing orders are found unconstitutional, the Chamber to which the case was submitted shall re-examine these provisions within forty-five days, in order to bring them into accord with the provisions 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. [Article 147 (1) of the Constitution].

All decisions rendered based on this area of jurisdiction, grouped per years, may be accessed here