Some Consideration Regarding Membership of the Constitutional Court of Romania

Daniela Valea ()

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2008, vol. 34-35, 102-117

Abstract: The Constitutional Court of Romania was considering an innovation in the Romanian constitutional system. The Events in 1989 December ended the Communist dictatorship in Romania and allowed the re-establishment of democracy. And a strong negative reaction towards the totalitarian regime has been manifested as well. Therefore the principles, mechanisms and guarantees of the rule of law and democratic state are not missing from the new Constitution. One of these guarantees is the control of the constitutionality of the laws (and of the government ordinances) which has been reintroduced. But the Romanian Constitution-maker of 1991 gave up to the traditional form of the control of constitutionality, concentrated, exercised by the supreme court, and chose the “European model”, respectively a system of the control of constitutionality transferred to a Constitutional Court, specialized body, organized only for this purpose, and not as part of the judiciary power. The author of this paper briefly presents the most significant aspects about the membership of the Constitutional Court of Romania. The Constitutional Court of Romania is made up of 9 judges, appointed for 9 years of office which cannot be extended or renewed. The appointment on position is made as follows: 3 judges are appointed by the President of Romania; 3 judges by the Deputies Chamber; and 3 judges by the Senate (The Superior Chamber of the Parliament). The Constitution and the law establish the constitutional judges responsibility

Keywords: Constitutional Court; Judges; Appointment; Responsibility (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2008
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