Relevant provisions
Constitutional review of the treaties or other international agreements is regulated by Article 146 b) of the Constitution and by Articles 24 – 26 of Law no.47/1992.
Authors of the referral
The referral concerning the constitutionality of a treaty or of an international agreement can be brought by:
– one of the presidents of the two Chambers of Parliament
– at least 50 Deputies
– at least 25 Senators.
Subject matter of the referral
Treaties and other international agreements, before their ratification in Parliament, may constitute the subject matter of this type of constitutional review.
Referral to the Constitutional Court
The referral made by MPs shall be recorded at the Senate or at the Chamber of Deputies, as the case may be, and it shall be sent to the Constitutional Court on the same day when it was received, by the Secretary General of the respective Chamber.
Procedure
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.
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, specifying also the date up to which they may submit their written viewpoints.
If the institution of proceedings is made by at least 50 Deputies or by at least 25 Senators, it shall be communicated to the President of Romania, to the Presidents of the two Chambers of Parliament, and to the Government, specifying also the date up to which they may submit their written viewpoints.
The President of Romania, the presidents of the two Chambers of Parliament, the Government and the Government may present their point of view in writing, by the date of the debates.
The debates on the constitutionality of the treaty or of the 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 and of the viewpoints received and shall concern both the provisions mentioned in the act of reference, and those which, necessarily and obviously, cannot be dissociated therefrom.
Type of act issued
Within this power, the Court renders, pursuant to the provisions of Article 11 (1) A. b) 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
The decisions rendered in this matter shall be communicated to the President of Romania, to the presidents of the two Chambers of Parliament and to the Government.
Effects of the decision
When the constitutionality of the treaty or international agreement has been established, such cannot constitute subject matter for an exception of unconstitutionality.
A treaty or international agreement which was found unconstitutional cannot be ratified.
All decisions rendered based on this area of jurisdiction, grouped per years, may be accessed here