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THE CONSTITUTIONAL COURT OF

ROMANIA

STUDENT: FAUR-MOLDOVAN VLADVASILE


DREPT, ANUL II, IFR

A constitutional court is a high court that deals primarily with constitutional law. Its main
authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e., whether
they conflict with constitutionally established rights and freedoms.
The list in this article is of countries that have a separate constitutional court. Many countries
do not have separate constitutional courts, but instead delegate constitutional judicial authority to
their supreme court. Nonetheless, such courts are sometimes also called "constitutional courts"; for
example, some have called the Supreme Court of the United States "the world's oldest constitutional
court" because it was the first court in the world to invalidate a law as unconstitutional (Marbury v.
Madison), even though it is not a separate constitutional court.
In may 1990 the Elected Constitutional Assembly had to choose between the judicial control
of the constitution of laws and the political control of them, each one of those options having
advantages but also disadvantages. The constitutional legislator had to choose a type of law
constitutionality made by a public political judicial authority specially conceived for this purpose.
This authority is the Constitutional Court that has a constitutional statute, because its
principles of organization are settled by the Constitution. The Constitutional Court accordingly to
the legal provisions is the only judicial constitutional authority from Romania, being independent
upon any other public authorities and it competence can not be contested by any other public
authority.
The political character consist in the procedure of designation the candidates for the dignity
of constitutional judge and of choosing six of them by the two chambers of parliament, but this
control in also a result of the political content of the fundamental rules whose guarantee is insured
by making this control. The judicial character is mainly a result of the procedure of verifying the
constitutionality of a legal provision, from the statute of judges, from the way of organization and of
function of that public authority.
The purpose of the Constitutional Court is to guarantee the supremacy of Constitution, his
purpose being different from the attribution of the president of romania, mentioned in article 80
part.2, from Constitution according with the president of a state supervise the respect of the
constitution.The Romanian Constitution gives the right to control constitutionality of laws to a
public authorities called Constitutional Court.This Court is form from 9 judges appointed for nine
years without any possibility to extend or to renew the mandate, three by the Deputy chamber, three
by the Senate, three by the Romanian President .
The President of the Constitutional Court is chosen from the judges of the court by those
judges, through secret vote for three years time.The members of the Constitutional Court are renews
in every 3 years with one-third, procedure that allows the combining of experience and continuity
with new tendencies.

The constitutional conditions asked in order to be able to candidate are to the position of
judge to the Constitutional Court are:
Superior juridical studies;
High professional competence;
At least 18 years practice in juridical activity or in the juridical superior education system;
In their activity judges are independent and unmovable through out their mandate.The
position of judge to Constitutional Court is incompatible with any other function public or private
except teaching in the superior education law sistem. They are not liable to their opinions and votes
expressed when taking the judicial decisions.Also the judges of the Constitutional Court can not be
arrested or sent to penal or contraventional law unless with the approval of the Permanent Bureau of
the Deputy Chamber, of senate or of the President of Romania or the general prosecutor.
According with the organically law of the Constitutional Court the mandate of a judge cease
when: at the end of the limit period when the judge was appointed or in case of resignation, the loss
of the electoral rights, in case oh the exclusion or death; in the incompatibility situations and the
impossibility of exercise of the mandate of judge for more than 6 month, in case that he is a member
of an political party, or if he has another citizenship at the same time with the Romanian citizenship,
or if he has not got the Romanian resident; an important breach of the obligations that are
established by the law no 47/1992.
The constitutional Court like an juridical public authority exercise a legal control and not a
advisability control .The acts that are to be control by the Constitutional Court are mainly: the law
adopted by the Parliament before enactment and those that apply at a certain moment in present; the
regulations of those two legislative chambers; Government ordinances; the initiative revisions of the
Constitution.Regarding the constitutional control of law before enactment known like above control
the Constitutional Court decides upon constitutionality at the intimation of the Romanian
President,of one of the president of the two Chambers, of the government, of the High Court of
Casation and of 50 deputy and at least 25 senators.
When the Constitutional Court is intimate by one of the president of the two Chambers, of
the government, the parliament member, of the High Court of Casation, the President of the
Constitutional will inform about this the Romanian President in the same day when the intimation
was registered.If the intimation was made by the Romanian President, by the Parliament members,
by the High Court of casation and justice the Constitutional Court will inform in 24 hours since the
registration of intimation to the presidents of the two Parliament Chambers and to the Government,
specified also the date when the debate will take place, in plenary of the Constitutional Court with
the participation of all the judges of the Court. The decision will be pronounce after a deliberation
with the vote of majority and is communicated to the Romanian President and two the President of
the two Parliament Chambers.
Upon the constitutional control of the Parliament regulation, the Constitutional Court
pronounce when it is invested by one of the president of the two chambers of the Parliament, by a
parliamentary group or by a group formed by at least 50 deputies or by at least 25 senators .This

control is ulterior and may begin after the regulation was published in the Official Monitor namely
after is the regulation applies .
Regarding the solutions upon the exception of unconstitutionality which is a subsequent
control, the Constitutional Court decides upon the exceptions of unconstitutionality of laws and
ordinnances used during trials in front of judicial courts.When during a trial the court it self or one
of the parties rises the unconstitutionality of a provisions from a law or ordinnance which influences
the judges of a case the exception rise is sent to the Constitutional Court in order to pronounce it self
upon the constitutional of that legal provisions .
The Constitutional court has others attributions that enbles it to pronounce it self on some
measures or actiones undertaken by some public authorities situated an the highest statal levels
.The Constitutional Court has the following attributions :
The attribution to supervise to the respecting of the procedure to the election of the
President of Romania and to acknowedge the results of the elections accordingly to the
144 from the Constitution of Romania. When it fulfills this task, the Constitutional Court
registers a copy of the proposal to the presidency, solves the litigation against the
candidature, solves the litigations against the decisions given by the district electoral
bureau regarding the obstacoles of a party or of a candidate to evolve the electoral
campaign.
Present to the Parliament a copy of act who validate the election of the President in order
to swear.Those atributions of the Constitutional Court are mentioned in Constitution and
also in law no. 47/ 1992, (n virtutea rolului Curii n cadrul alegerilor prezideniale,
aceasta are n cadrul acestor alegeri poziia pe care o are Biroul Electoral Central n
cadrul alegerilor parlamentare).
The constitutional court has also the power to decide the circumstances that would justify
the interim in exertion of the president power and also has to communicate to the
parliament and to the government .In certain circumstances establihed by the
Constitution it is necesarry to ensure the interim in the position of the President of
romania because the person who is entiteld to can not exert the attributes.
Authorization of the proposal to suspend from mandate of President of Romania in
funcie a Preedintelui. The constitution mentiones that when the president comites
gravely actions that breaches the constitution provisions the constitutional authorizatiom
of constitutional court it is also required
Responsibility to supervise the procedure for the organization and the evolving of the
referendum and to acknowledge the results In this case the constitutional court has the
responsibility to supervise the referendum procedure.
The decisions on the litigation which have as an object the constitutionality of a political
party.According to article 40 from the Romanian Constitution may be declare
unconstitutional the party or groups which through their purpose or by directions are
against political pluralism and the principles of the state of law or against soverignty,
independence, integrity of Romania.

Solves the issues regarding the constitutionality of the tratiesor other international
agreements when it is intimate by one of the two presidents of the Parliament Chambers
or of the group of 50 deputies or at least 25 senators
Resolve the constitutional juridical conflicts between public authorities, intimated by the
Romanian President, one of those two Presidetn of the Parliament Chambers, of the Prime
Minister or the President of the Superiro Council of Magistracy
Verifies the fulfillement of the conditions required in order the citizens to exert the
legislative initiative .
Fulfills also other atributtions mentioned by the organical law of the constitutional Court
(ndeplinete i alte atribuii prevzute de Legea Organic a Curii).