Advanced Search
MyIDEAS: Login to save this article or follow this journal

Some Considerations Regarding The Legal Nature Of The Constitutional Court Of Romania

Contents:

Author Info

  • Lucian CHIRIAC

    (Associate professor PhD. Faculty of Economics, Law and Administrative Sciences, „Petru Maior” University of Tîrgu Mure?, ROMANIA)

Abstract

According to Article 147 paragraph 1 of the revised Romanian Constitution, the provisions of law and of the ordinances in force as well as the provisions of the regulations determined as unconstitutional, shall cease their legal effects within 45 days of the publication of the Constitutional Court Decision, if within this time the Parliament or the Government, where appropriate, does not agree with the articles of the Constitution. These provisions found to be unconstitutional are suspended during those 45 days. This case of power subjugation of the two authorities is exceeded in content only by Article 147 paragraph 2 of the Constitution which requires the Parliament, in cases of unconstitutionality of laws before their promulgation, namely in the previous control procedure, to review the related provisions and to bring them into line with the Constitutional Court Decision. In an article published in the Review of Public Law no. 1/2004, professor Tudor Drãganu, concerned about the excessive powers conferred to the Constitutional Court through the Constitution revision, stated that "nowhere in Europe such Courts (Tribunals) receive the power to issue such instructions to the Parliament in order to force the Parliament to legislate the way they dictate" . In the light of these findings, the professor wondered, whether we could say that the Parliament is the supreme representative body of the people and the sole legislative authority of the country? Consequently, taking into account all the extraordinary powers entrusted to this Court, has this Court become, if not a superpower, at least the fourth power in state? This constitutional exaggeration must be settled by placing on the revision course the constitutional waters within their riverbeds, the respect and balance between the separations of the legitimate powers of the state.

Download Info

If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj12/recjurid124_1F.pdf
Download Restriction: no

Bibliographic Info

Article provided by Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation in its journal Curentul Juridic, The Juridical Current.

Volume (Year): 51 (2012)
Issue (Month): (December)
Pages: 13-20

as in new window
Handle: RePEc:pmu:cjurid:v:51:y:2012:p:13-20

Contact details of provider:
Email:
Web page: http://www.upm.ro/facultati_departamente/ea/
More information through EDIRC

Related research

Keywords: Constitutional court; rule of law; Constitutionality control; Parliament; Romanian Constitution;

Find related papers by JEL classification:

References

No references listed on IDEAS
You can help add them by filling out this form.

Citations

Lists

This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

Statistics

Access and download statistics

Corrections

When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:51:y:2012:p:13-20. See general information about how to correct material in RePEc.

For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas).

If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

If references are entirely missing, you can add them using this form.

If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

Please note that corrections may take a couple of weeks to filter through the various RePEc services.