Constitution of Romania

GENERAL PRINCIPLES

FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

PUBLIC AUTHORITIES

ECONOMY AND PUBLIC FINANCE

CONSTITUTIONAL COURT

EURO-ATLANTIC INTEGRATION

REVISION OF THE CONSTITUTION

FINAL AND TRANSITORY PROVISIONS

    Revision of the Constitution

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    CONSTITUTION OF ROMANIA

    TITLE V
    Constitutional Court
     
    StructureARTICLE 142
    (1) The Constitutional Court shall be the guarantor for the supremacy of the Constitution.

    (2) The Constitutional Court consists of nine judges, appointed for a term of office of nine years, that cannot be prolonged or renewed.

    (3) Three judges shall be appointed by the Chamber of Deputies, three by the Senate, and three by the President of Romania.

    (4) The judges of the Constitutional Court shall elect, by secret vote, the president thereof, for a term of office of three years.

    (5) The Constitutional Court shall be renewed by one third of its judges every three years, in accordance with the provisions of the Court's organic law.

     
    Qualification for appointmentARTICLE 143
    Judges of the Constitutional Court must have graduated law, and have high professional competence and at least eighteen years of experience in juridical or academic activities.
     
    IncompatibilitiesARTICLE 144
    The office of judge of the Constitutional Court is incompatible with any other public or private office, except for academic activities.
     
    Independence and irremovabilityARTICLE 145
    Judges of the Constitutional Court shall be independent in the exercise of their office and irremovable during the term of office.
     
    PowersARTICLE 146
    The Constitutional Court shall have the following powers:
    a) to adjudicate on the constitutionality of laws, before the promulgation thereof upon notification by the President of Romania, one of the presidents of the two Chambers, the Government, the High Court of Cassation and Justice, the Advocate of the People, 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 treaties or other international agreements, upon notification by one of the presidents of the two Chambers, a number of at least 50 deputies or at least 25 senators;
    c) 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;
    d) to decide on objections as to the unconstitutionality of laws and ordinances, brought up before courts of law or commercial arbitration; the objection as to the unconstitutionality may also be brought up directly by the Advocate of the People;
    e) to solve legal disputes of a constitutional nature between public authorities, at the request of the President of Romania, one of the presidents of the two Chambers, the Prime Minister, or of the president of the Superior Council of Magistracy;
    f) to guard the observance of the procedure for the election of the President of Romania and to confirm the ballot returns;
    g) to ascertain the circumstances which justify the interim in the exercise of the office of President of Romania, and to report its findings to Parliament and the Government;
    h) to give advisory opinion on the proposal to suspend from office the President of Romania;
    l) to guard the observance of the procedure for the organization and holding of a referendum, and to confirm its returns;
    j) to check the compliance with the conditions for the exercise of the legislative initiative by citizens;
    k) to decide on the objections of unconstitutionality of a political party;
    l) to carry out also other duties stipulated by the organic law of the Court.
     
    Decisions of the Constitutional CourtARTICLE 147
    (1) The provisions of the laws and ordinances in force, as well as those of the regulations, which are found to be unconstitutional, shall cease their legal effects within 45 days of the publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case may be, cannot bring into line the unconstitutional provisions with the provisions of the Constitution. For this limited length of time the provisions found to be unconstitutional shall be suspended de jure.

    (2) In cases of unconstitutionality of laws, before the promulgation thereof, the Parliament is bound to reconsider those provisions, in order to bring them into line with the decision of the Constitutional Court.

    (3) If the constitutionality of a treaty or international agreement has been found according to article 146 b) , such a document cannot be the subject of an objection of unconstitutionality. The treaty or international agreement found to be unconstitutional shall not be ratified.

    (4) Decisions of the Constitutional Court shall be published in the Official Gazette of Romania. As from their publication, decisions shall be generally binding and effective only for the future.