The Government and the supremacy of the Constitution in Romania

Genoveva Vrabie

Academic Journal of Law and Governance, 2014, vol. 2, issue 1, 73-80

Abstract: The Constitution of Romania is often interpreted differently by various state authorities. Even worse is the fact that the same authority – the Constitutional Court is not exempted – may, in time, give different or even opposite interpretations to the constitutional texts, negatively affecting, among other things, the security of the legal framework. Inconsistent behaviour was characteristic of the Government, when assuming responsibility for a bill, such as the draft law on national education. This is the topic of our analysis, and we conclude that, in this particular case, the Romanian Government did not comply with the principle of constitutional supremacy. The Constitutional Court, while analyzing this matter, sometimes endorsed POWER, while other times it was on the side of truth and constitutionality. Therefore we ask ourselves: Is the Constitutional Court the guarantor of the Constitution, and of its supremacy?

Date: 2014
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