Constitution of 1991

GENERAL PRINCIPLES

FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

PUBLIC AUTHORITIES

ECONOMY AND PUBLIC FINANCE

CONSTITUTIONAL COURT

REVISION OF THE CONSTITUTION

FINAL AND TRANSITORY PROVISIONS

    Revision of the Constitution

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    CONSTITUTION OF ROMANIA - 1991

    TITLE V
    CONSTITUTIONAL COURT
     
    StructureArticle 140
    (1) The Constitutional Court consists of nine Judges, appointed for a term of office of nine years, that cannot be prolonged or renewed.
    (2) Three Judges shall be appointed by the Chamber of Deputies, three by the Senate, and three by the President of Romania.
    (3) Judges of the Constitutional Court shall elect, by secret vote, the President thereof, for a term of three years.
    (4) The Constitutional Court shall be renewed by one third every three years, in accordance with the provisions of the Court's organic law.
     
    Qualifications for appointmentArticle 141
    Judges of the Constitutional Court must have graduated law, and have high professional competence and at least eighteen years experience in juristical or academic activities in law.
     
    IncompatibilitiesArticle 142
    The office of a Judge at Constitutional Court is incompatible with any other public or private office, except that of academic proffesorial activity.
     
    Independence and irremovabilityArticle 143
    Judges of the Constitutional Court shall be independent in the exercise of their office and irremovable during the term of office.
     
    PowersArticle 144
    The Constitutional Court shall have the following powers:a) to adjudicate on the constitutionality of laws, before promulgation, upon notification by the President of Romania, by the President of either Chamber of Parliament, by the Government, the Supreme Court of Justice, by a number of at least 50 Deputies or at least 25 Senators, as well as, *ex officio*, on initiatives to revise the Constitution;
    b) to adjudicate on the constitutionality of the Standing Orders of Parliament, upon notification by the President of either Chamber, by a parliamentary group or a number of at least 50 Deputies or at least 25 Senators;
    c) to decide on exceptions brought to the Courts of law as to the unconstitutionality of laws and orders;
    d) to guard the observance of the procedure for the election of the President of Romania and to confirm the ballot returns;
    e) to ascertain the circumstances which justify the interim in the exercise of office of President of Romania, and to report its findings to Parliament and the Government;
    f) to give advisory opinion on the proposal to suspend the President of Romania from office;
    g) to guard the observance of the procedure for the organization and holding of a referendum, and to confirm its returns;
    h) to check on compliance with the conditions for the exercise of the legislative initiative by citizens
    i) to decide on objections of unconstitutionality of a political party.
     
    Decisions of the Constitutional CourtArticle 145
    (1) In cases of unconstitutionality, in accordance with Article 144 letters a) and b) , the law or orders shall be returned for reconsideration. If the law is passed again in the same formulation by a majority of at least two thirds of the members of each Chamber, the objection of unconstitutionality shall be removed, and promulgation thereof shall be binding.
    (2) Decisions of the Constitutional Court shall be binding and effective only for the future. They shall be published in the Official Gazette of Romania.