Romania 1991 Constitution (reviewed 2003)

TITLE V. THE CONSTITUTIONAL COURT

Article 142. Structure

1. The Constitutional Court is the guarantor of the supremacy of the Constitution.
2. The Constitutional Court is composed of 9 justices, appointed for a nine-year term, which cannot be extended or renewed.
3. Three justices are appointed by the Chamber of Deputies, three by the Senate, and three by the President of Romania.
4. The members of the Constitutional Court elect a president by secret ballot for a three-year term.
5. Every three years one-third of the membership of the Constitutional Court is renewed in accordance with the terms of the Court’s organic law.

Article 143. Conditions for Appointment

The justices of the Constitutional Court must have superior legal education, high professional competence, and at least 18 years of experience in the legal profession or at university law faculties.

Article 144. Incompatibilities

The office of member of the Constitutional Court is incompatible with any other public or private office, with the exception of teaching positions at university law faculties.

Article 145. Independence and Irremovability

The members of the Constitutional Court are independent in the exercise of their mandate and cannot be removed during the course of their term.

Article 146. Functions

The Constitutional Court has the following functions:

1. to pronounce on the constitutionality of laws before their promulgation upon request of the President of Romania, one of the presidents of the two Chambers, the Government, the High Court of Cassation and Justice, the People’s Attorney, at least 50 deputies or 25 senators, as well as on its own initiative [ex officio] on proposals for the amendment of the Constitution;
2. to pronounce on the constitutionality of treaties or other international agreements upon request by one of the presidents of the two Chambers, or at least 50 deputies or 25 senators;
3. to pronounce on the constitutionality of the rules of procedure of Parliament at the request of one of the presidents of the two Chambers, a parliamentary group, at least 50 deputies or 25 senators;
4. to decide on objections as to the unconstitutionality of laws and ordinances brought u before courts of law or commercial arbitration tribunals; the objection of unconstitutionality may also be brought up directly by the People’s Attorney;
5. to solve legal disputes of a constitutional nature between public authorities, upon request of the President of Romania, one of the presidents of the two Chambers, the Prime Minister, or of the President of the High Council of the Judiciary;
6. to ensure the observance of the procedure prescribed for the election of the President of Romania and to confirm the election results;
7. to ascertain the existence of circumstances which justify an interim in the exercise of the office of President of Romania and to communicate its findings to Parliament and the Government;
8. to provide an advisory opinion on the proposal to suspend the President of Romania from office;
9. to ensure compliance with the procedure for organizing and holding a referendum and to confirm its results;
10. to examine the compliance with the conditions for the exercise of the right to legislative initiative by the citizens;
11. to decide on disputes regarding the constitutionality of a political party;
12. to perform all other functions assigned to it by the organic law of the Court.

Article 147. Decisions of the Constitutional Court

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 to be legally effective 45 days after the publication of the decision of the Constitutional Court if Parliament or the Government do not bring the unconstitutional provisions into conformity with the Constitution before the end of this period. During this period the application of the provisions found to be unconstitutional shall be suspended by law [de jure].
2. In the case of the unconstitutionality of a law, Parliament is obliged to reconsider the provisions in question before the promulgation of the law in order to bring them into conformity with the Constitution.
3. If the constitutionality of a treaty or international agreement has been pronounced in accordance with Article 146(b), such treaty or agreement cannot be the object of an objection of unconstitutionality. A treaty or international agreement found to be unconstitutional shall not be ratified.
4. Decisions of the Constitutional Court shall be published in the Monitorul Oficial al Romăniei. As from their publication decisions shall be generally binding and effective only for the future.