Relevant provisions
The Constitutional Court, on the grounds of Article 146 h) of the Constitution and Article 42 and Article 43 of Law no.47/1992, has the power to give an advisory opinion on the proposal to suspend the President of Romania from office.
Relevant legislation: Article 95 of the Constitution
Authors of the referral
A copy of the proposal to suspend the President of Romania from office, together with the evidence in support, shall be sent to the Constitutional Court by the President who presided the common session of the two Chambers.
Subject matter of the referral
In case of having committed serious acts infringing upon constitutional provisions – Article 95 (1), the Court is consulted in terms of establishing the nature of imputations brought against the President of Romania, expressing its opinion on the severity thereof, for the purposes of Article 95 of the Constitution.
The Constitutional Court must give its opinion after initiation by at least one third of the Deputies and Senators of a proposal to suspend from office of the President of Romania.
Procedure
On receiving the impeach, the President of the Constitutional Court shall designate the Judge-rapporteur.
The President of Romania will be informed on the date set for debate by the Constitutional Court of the proposed suspension, giving him the opportunity to give explanations on the imputations brought against him.
Type of act issued
Within this power, the Court renders, pursuant to the provisions of Article 11 (1) B. c) of Law no.47/1992, an advisory opinion on the proposal to suspend from office of the President of Romania. The ruling shall be taken by the majority vote of the Court’s judges.
Communication of the advisory opinion
Once issued, the advisory opinion shall be communicated to the Presidents of the two Chambers of Parliament, and to the President of Romania, as to continue the procedure of suspension from office, pursuant to Article 95 of the Constitution.
Effects of the advisory opinion
As it is only advisory, Parliament is not obliged to take account of the opinion delivered by the Constitutional Court. It is an independent legal review of the proposal for suspension in terms of imputations brought against the President.
All advisory opinions rendered based on this area of jurisdiction, grouped per years, may be accessed here