At the hearing of 31 March 2021, the Constitutional Court, in the context of the review of constitutionality of Parliament’s regulations, unanimously upheld the referral made by the Parliamentary Group of the Alliance for the Unity of Romanians of the Chamber of Deputies and found unconstitutional the phrase “the documents communicated by the competent electoral bureaux show that there has been a breach of the legal provisions relating to compliance with the conditions governing the exercise of the right to stand as a candidate” contained in the sole article of Resolution No 15/2021 of the Chamber of Deputies concerning the amendment of Article 7 (3) of the Regulations of the Chamber of Deputies.
The Court found that thar term was unconstitutional because it limited the validation/invalidation function of the Validation Committee of the Chamber of Deputies and thus of the Chamber of Deputies itself, in that it allowed the verification of the breach of the legal provisions on eligibility conditions only by reference to the documents communicated by the competent electoral bureaux, thus excluding any other acts or facts subsequent to the time of the parliamentary elections. However, a number of events may occur between the actual election and the validation of the mandate, which cannot escape the verifications that are necessary and precede validation.
The decision is final and generally binding.
The arguments set out in the grounds for the decision of the Constitutional Court will be set out in the decision, which will be published in the Official Gazette of Romania, Part I.
External Relations, Press and Protocol Department of the Constitutional Court