- Constitutional review of laws purporting a revision of the Constitution
Relevant provisions
Constitutional review of laws purporting a revision of the Constitution is regulated by the provisions of Article 146 l) of the Constitution in conjunction with Article 23 of Law no.47/1992. This power of the Constitutional Court was introduced by Article I point 19 of Law no. 232/2004 amending and supplementing Law no.47/1992 on the organisation and functioning of the Constitutional Court, published in the Official Gazette of Romania, Part I, no. 502 of 3 June 2004.
Authors of the referral
The Constitutional Court adjudicates ex officio on the law purporting a revision of the Constitution.
Subject matter of the referral
The subject matter of the constitutional review provided under Article 23 of Law no.47/1992 can only be laws for revision of the Constitution, i.e. constitutional laws, before submitting them for approval through the referendum.
This act shall become final following the referendum and shall enter into force on the day of publication in the Official Gazette of Romania, Part I, of the ruling of the Constitutional Court for confirmation of the results of the referendum.
Procedure
The Court, within 5 days from the adoption of the law for revision of the Constitution in the Parliament, must rule on the same, in plenary session.
The President of the Constitutional Court shall designate the Judge-Rapporteur and shall establish the day of proceedings.
Type of act issued
Within this power, the Constitutional Court renders, in accordance with Article 11 (1) A. a) of Law no.47/1992, a decision by a vote of two-thirds of the judges of the Court.
Communication of the decision
The decision ascertaining non-compliance with constitutional provisions in terms of revision shall be sent to the Chamber of Deputies and to the Senate.
Effects
The Parliament must comply with the decision of the Constitutional Court. If the Court finds a lack of compliance with the constitutional provisions in terms of revision, the Parliament must re-examine the law for the revision of the Constitution and bring it into accord with the decision of the Constitutional Court.
All decisions rendered based on this area of jurisdiction, grouped per years, may be accessed here
- Constitutional review of Parliament resolutions
Relevant provisions
Constitutional review of Parliament resolutions is regulated by the provisions of Article 146 l) of the Constitution in conjunction with Article 27 of Law no.47/1992. This power of the Constitutional Court was introduced by Article I, point 1 of Law no. 177/2010 amending and supplementing Law no.47/1992 on the organisation and functioning of the Constitutional Court, the Civil Procedure Code and the Criminal Procedure Code of Romania, published in the Official Gazette of Romania, Part I, no. 672 of 4 October 2010.
Authors of the referral
The Constitutional Court adjudicates on the constitutionality of Parliament resolutions only upon referral from:
– one of the presidents of the two Chambers;
– a parliamentary group;
– at least 50 Deputies;
– or at least 25 Senators.
Subject matter of the referral
Subject to this type of review can only be resolutions by the Plenary of the Chamber of Deputies, resolutions by the Plenary of the Senate and resolutions by the Plenary of the joint Chambers of Parliament, as established by the Court in Decision no.727/2012 and Decision no.738/2012.
Procedure
In case the institution of proceedings is made by MPs, 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, 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.
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 majority vote of the Court’s judges.
Communication of the decision
The decision shall be brought to the notice of the Chamber whose resolution was debated.
Effects
The Chambers of Parliament must comply with the decision issued by the Constitutional Court.
All decisions rendered based on this area of jurisdiction, grouped per years, may be accessed here