Did you hear about the Constitution Court of Romania (CCR)? Do you know what this special court does?
Find out more, below!
What is the role of the Court?
The Constitutional Court is the only independent jurisdictional authority in Romania from any other public authority. The Court fulfills the role of “guarantor of the supremacy of the Constitution”.
Its attributions are listed in art. 146 from the Romanian Constitution.
What is the organization of the Court?
According to art. 5 from Law no.47/1992, the Court is composed of 9 judges appointed for a 9-year mandate, which cannot be extended or renewed.
Three judges are appointed by the Chamber Deputies (Camera Deputatilor), three from the Senate (Senatul) and three from the President of Romania. Moreover, the Court is renewed with a third of the number of judges every 3 years.
How can it be addressed?
The Court enjoys a broad jurisdiction, but it can only be referred to in the cases expressly provided in art. 146 of the republished Constitution or of its organic law.
To be valid, notifications must be motivated and made in writing.
Can the Court be addressed directly?
The Court can be referred directly by the People’s Advocate (Avocatul Poporului) or by the court of justice or commercial arbitration before which the exception of unconstitutionality was invoked by the parties.
In addition to this regulation, the Court can also be addressed by the President of Romania, one of the presidents of the two Chambers of the Parliament, by parliamentarians, by the Government and by the High Court of Cassation and Justice (ICCJ).
Where are the Court’s decisions published?
Decisions, rulings and opinions are published on a website called Official Gazette (Monitorul Oficial), Part I, being generally binding, which means that they cannot be appealed and have power only for the future.
Also, requests addressed to the Constitutional Court are exempt from stamp duty (timbru judiciar).
What are the duties of the Constitutional Court (CCR) in Romania?
Among the attributions of the Constitutional Court (CCR) are: it pronounces on the constitutionality of laws, before their promulgation, it pronounces on the constitutionality of treaties or other international agreements, before their ratification by the Parliament, it resolves legal conflicts of a constitutional nature between public authorities, it ensures compliance with the procedure for the election of the President of Romania and confirms the voting results.
If you would like to address more questions or if you need a legal consultation, you can contact us at office@rrpb.ro or by accessing our site www.rrpb.ro for more information.
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