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THE CONSTITUTIONAL COURT OF 

 ROMANIA

STUDENT: FAUR-MOLDOVAN VLAD-

VASILE

DREPT, ANUL II, IFR 

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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 countriesdo not have separate constitutional courts, but instead delegate constitutional judicial authority totheir supreme court. Nonetheless, such courts are sometimes also called "constitutional courts" for e!ample, some have called the upreme #ourt of the $nited tates "the world%s oldest constitutionalcourt" 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 ())* the +lected #onstitutional Assembly had to choose between the judicial controlof the constitution of laws and the political control of them, each one of those options havingadvantages but also disadvantages. The constitutional legislator had to choose a type of lawconstitutionality made by a public political judicial authority specially conceived for this purpose.

This authority is the #onstitutional #ourt that has a constitutional statute, because its principles of organiation are settled by the #onstitution. The #onstitutional #ourt accordingly tothe legal provisions is the only judicial constitutional authority from -omania, being independentupon 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 dignityof constitutional judge and of choosing si! of them by the two chambers of parliament, but thiscontrol in also a result of the political content of the fundamental rules whose guarantee is insured

 by maing this control. The judicial character is mainly a result of the procedure of verifying theconstitutionality of a legal provision, from the statute of judges, from the way of organiation and of function of that public authority.

The purpose of the #onstitutional #ourt is to guarantee the supremacy of #onstitution, his purpose being different from the attribution of the president of romania, mentioned in article /* part.0, from #onstitution according with the president of a state supervise the respect of theconstitution.The -omanian #onstitution gives the right to control constitutionality of laws to a

 public authorities called #onstitutional #ourt.This #ourt is form from ) judges appointed for nineyears without any possibility to e!tend or to renew the mandate, three by the 1eputy chamber, three

 by the enate, three by the -omanian 2resident .

The 2resident of the #onstitutional #ourt is chosen from the judges of the court by those judges, through secret vote for three years time.The members of the #onstitutional #ourt are renewsin every 3 years with one4third, procedure that allows the combining of e!perience and continuitywith new tendencies.

 

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The constitutional conditions asked in order to be able to candidate are to the position of 

 judge to the Constitutional Court are:

• uperior juridical studies• 5igh professional competence• At least (/ 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 #onstitutional #ourt is incompatible with any other function public or privatee!cept teaching in the superior education law sistem. They are not liable to their opinions and votese!pressed when taing the judicial decisions.Also the judges of the #onstitutional #ourt can not be

arrested or sent to penal or contraventional law unless with the approval of the 2ermanent 6ureau of the 1eputy #hamber, of senate or of the 2resident of -omania or the general prosecutor.

According with the organically law of the #onstitutional #ourt the mandate of a judge ceasewhen7 at the end of the limit period when the judge was appointed or in case of resignation, the lossof the electoral rights, in case oh the e!clusion or death in the incompatibility situations and theimpossibility of e!ercise of the mandate of judge for more than 8 month, in case that he is a member of an political party, or if he has another citienship at the same time with the -omanian citienship,or if he has not got the -omanian resident an important breach of the obligations that areestablished by the law no 9:;())0.

The constitutional #ourt lie an juridical public authority e!ercise a legal control and not aadvisability control .The acts that are to be control by the #onstitutional #ourt are mainly7 the lawadopted by the 2arliament before enactment and those that apply at a certain moment in present theregulations of those two legislative chambers <overnment ordinances the initiative revisions of the#onstitution.-egarding the constitutional control of law before enactment nown lie above controlthe #onstitutional #ourt decides upon constitutionality at the intimation of the -omanian2resident,of one of the president of the two #hambers, of the government, of the 5igh #ourt of #asation and of =* deputy and at least 0= senators.

>hen the #onstitutional #ourt is intimate by one of the president of the two #hambers, of the government, the parliament member, of the 5igh #ourt of #asation, the 2resident of the#onstitutional will inform about this the -omanian 2resident in the same day when the intimationwas registered.If the intimation was made by the -omanian 2resident, by the 2arliament members,

 by the 5igh #ourt of casation and justice the #onstitutional #ourt will inform in 09 hours since theregistration of intimation to the presidents of the two 2arliament #hambers and to the <overnment,specified also the date when the debate will tae place, in plenary of the #onstitutional #ourt withthe participation of all the judges of the #ourt. The decision will be pronounce after a deliberationwith the vote of majority and is communicated to the -omanian 2resident and two the 2resident of the two 2arliament #hambers.

$pon the constitutional control of the 2arliament regulation, the #onstitutional #ourt pronounce when it is invested by one of the president of the two chambers of the 2arliament, by a parliamentary group or by a group formed by at least =* deputies or by at least 0= senators .This

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control is ulterior and may begin after the regulation was published in the ?fficial Monitor namelyafter is the regulation applies .

-egarding the solutions upon the e!ception of unconstitutionality which is a subse@uentcontrol, the #onstitutional #ourt decides upon the e!ceptions of unconstitutionality of laws andordinnances used during trials in front of judicial courts.>hen during a trial the court it self or oneof the parties rises the unconstitutionality of a provisions from a law or ordinnance which influences

the judges of a case the e!ception rise is sent to the #onstitutional #ourt 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 the2resident of -omania and to acnowedge the results of the elections accordingly to the(99 from the #onstitution of -omania. >hen it fulfills this tas, the #onstitutional #ourt

registers a copy of the proposal to the presidency, solves the litigation against thecandidature, 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 electoralcampaign.

2resent to the 2arliament a copy of act who validate the election of the 2resident in order to swear.Those atributions of the #onstitutional #ourt are mentioned in #onstitution andalso in law no. 9:; ())0, &n virtutea rolului #urBii Cn cadrul alegerilor preidenBiale,aceasta are Cn cadrul acestor alegeri poiBia pe care o are 6iroul +lectoral #entral Cncadrul alegerilor parlamentare'.

The constitutional court has also the power to decide the circumstances that would justifythe interim in e!ertion of the president power and also has to communicate to the

 parliament and to the government .In certain circumstances establihed by the#onstitution it is necesarry to ensure the interim in the position of the 2resident of romania because the person who is entiteld to can not e!ert the attributes.

Authoriation of the proposal to suspend from mandate of 2resident of -omania infuncBie a 2reDedintelui. The constitution mentiones that when the president comites

gravely actions that breaches the constitution provisions the constitutional authoriatiomof constitutional court it is also re@uired-esponsibility to supervise the procedure for the organiation and the evolving of thereferendum and to acnowledge the results In this case the constitutional court has theresponsibility to supervise the referendum procedure.

The decisions on the litigation which have as an object the constitutionality of a political party.According to article 9* from the -omanian #onstitution may be declareunconstitutional the party or groups which through their purpose or by directions areagainst political pluralism and the principles of the state of law or against soverignty,

independence, integrity of -omania.

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olves the issues regarding the constitutionality of the tratiesor other internationalagreements when it is intimate by one of the two presidents of the 2arliament #hambersor of the group of =* deputies or at least 0= senators

-esolve the constitutional juridical conflicts between public authorities, intimated by the-omanian 2resident, one of those two 2residetn of the 2arliament #hambers, of the 2rimeMinister or the 2resident of the uperiro #ouncil of Magistracy

Eerifies the fulfillement of the conditions re@uired in order the citiens to e!ert thelegislative initiative .

Fulfills also other atributtions mentioned by the organical law of the constitutional #ourt&ndeplineDte Di alte atribuBii prevGute de Hegea ?rganicG a #urBii'.