Comments on Decision no. 727 of 9th July 2012 of the Constitutional Court of Romania

• Author: Claudia Gilia
• Position: Lecturer, Ph.D., Faculty of Law and Political Sciences, ?Valahia' University of Târgoviste, Gaesti Street, no. 8-10, Târgoviste, Romania
• Pages: 71-82

Public Law

Abstract: The contencious c

democracy. In our scientific

July 201 2 on the constitutio

Chambers of Parliament Re

Court’ s role to warrant the

Romanian Constitutional Co

analyzed in detail Decision

critical concerning the Decis

both previous decisions of t

study we have put forth a

Constitutional Court in its eff

Keywords: rule of Law; Con

1. The Role of the Con

The rule of law exists

supremacy of the Con

principle of the lega

constitutionalism, as an

Constitution. The const

contexts and having va

divided into 2 large syst

1Lecturer, Ph.D., Faculty o f

Street, no. 8-10, Târgoviste

author: claudiagilia@yahoo.f

2By means of the famous de

Court ruled that the Constitu

Constitution is observed by

regarded as unconstitutional.

Public Law

Comments on Decision no. 727 of 9

2012 of the Constitutional Cou

Romania

Claudia GILIA1

s constitutional bodies are required tools for a genuine rule o

fic study we shall analyze the Constitutional Court’s Decision

tional review of the Chamber o f Deputies, of the Senate an

Regulations. The aim of our research was to highlight the Co

the supremacy of the Constitution. We have analyzed the

Court’ s area of co mpetences since its inception until now, and

n no. 727/2012. The comments we have passed are, to the u

cision made by the constitutional judges, our arguments being

f the Court, as well as on doctrine and comparative law. Th

h a number of solutions that can imp rove the role of th

efforts to enhance the rule of law.

Constitutional Court; constitutional review; decisions; Parliame

Constitutional Court in a Rule of Law

ts and expresses itself in the most accurate way t

onstitution, which is perceived not only as a fe

egal-political system, but also as the very e

an order that guarantees the viability and efficie

onstitutional justice developed on a gradual basis, i

variable sources of inspiration. The constitutiona

ystems: on one hand, the American model2, in whic

of Law and Political Sciences, „Valahia” University of Târg

iste, Romania, Phone: +0245606049; Fax: +0245606049, Co

o.fr

decision of the Marbury v Madison case (1803), th e United St

titution is overly powerful, while the courts are in charge to m

by everyone. Thus any court may refuse a law enforcement

al.

JURIDICA

71

Public Law

o. 727 of 9th July

al Court of

le of law in any

ion no. 727 of 9

and of the joint

e Constitutional

e extent of the

nd we have also

e utmost extent,

ing grounded on

Throughout the

the Romanian

ment

y through the

feature or a

essence of

ciency of the

s, in different

onal review is

hich control is

rgoviste, Găeşti

, Corresponding

States Supreme

o make su re the

nt i f that law is