Law No. 138 Of 24 July 1997 On The Amendment And Completion Of The Law Nr. 47/1992 Concerning The Organization And Functioning Of The Constitutional Court

Original Language Title:  LEGE nr. 138 din 24 iulie 1997 pentru modificarea şi completarea Legii nr. 47/1992 privind organizarea şi funcţionarea Curţii Constituţionale

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Law No. 138 of 24 July 1997 on the amendment and completion of the law nr. 47/1992 concerning the Organization and functioning of the Constitutional Court, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 170 of 25 July 1997, the Romanian Parliament adopts this law.


Article 1, law No. 47/1992 concerning the Organization and functioning of the Constitutional Court, published in Official Gazette of Romania, part I, no. 101 of 22 May 1992, modified and completed as follows: 1. In article 2, after paragraph 2, insert (3) with the following content: "(3) to exercise control, the Constitutional Court rule on questions of law only, without being able to amend or complement the provision of legal supervision. In addition, the Constitutional Court cannot rule on the interpretation and application of the law, but only on intelesului or contrary to the Constitution. "
2. Article 3 shall read as follows: Art. 3. — (1) the jurisdiction of the Constitutional Court shall be that established by the Constitution.

(2) the Constitutional Court shall have sole right to decide on its jurisdiction. She decides in cases where express and limiting. 144 of the Constitution.
  

(3) the competence of the Constitutional Court, established pursuant to paragraph 1. (2) may not be challenged by any public authority. "
  

3. Article 8 (1) shall read as follows: Art. 8. — (1) the Constitutional Court operates in plenary, under this law and the regulations governing the Organization and functioning of the Constitutional Court, and the Court acts shall be adopted by a majority vote of the judges, if this law does not provide otherwise. "
4. In article 11 (2) shall read as follows: "(2) the President shall supervise the work of authorising officer to the Secretary-General of the Constitutional Court."
5. In article 14 (1) shall read as follows: Art. 14.-(1) sittings of the Court are public, except for the case in which, for good reasons, the plenum decides secret meeting. "
6. In article 18, after paragraph 2, insert (3) with the following content: "(3) If on an appeal made by the President of one of the Chambers of Parliament, the Constitutional Court shall communicate to the President of the other Rooms, as well as the Government, and if the appeal has been made by the Government, the Court shall notify the Presidents of the two chambers of Parliament, the provisions of paragraphs 1 and 2. (2) by applying it properly. "
7. Article 23 shall read as follows: Art. 23. — (1) the Constitutional Court shall decide on the exceptions raised in front of the courts concerning the unconstitutionality of a law or Ordinance or a provision from a bill or an Ordinance in force, which depends on the resolution of the case.

(2) Exception may be raised at the request of one of the parties or ex officio by the Court.
  

(3) exception may not be legal provisions whose constitutionality has been established according to art. 145 Abdel. (1) the provisions of the Constitution or established as unconstitutional by a decision of the Constitutional Court.
  

(4) the appeal to the Constitutional Court shall dispose of the Court before which the plea of unconstitutionality, through a discharge which will contain the views of the parties, the Court's opinion on the exception, and will be accompanied by the evidence submitted by the parties. If the exception was raised of its own motion, the conclusion must be substantiated, including the CD, as well as parts and necessary evidence.
  

(5) the period of settlement of the main exception is to suspend the proceedings.
  

(6) If the exception is unacceptable, being contrary to the provisions of paragraph 1. (1), (2) or (3), the Court reject it by a reasoned conclusion without notify the Constitutional Court. "
  

8. In article 24, paragraphs (1), (2) and (3) shall read as follows: Art. 24. — (1) Receiving the conclusion provided for in article. 23 para. (4) the President of the Constitutional Court shall designate one of the judges as rapporteur and will communicate through conclusion which was referred to the Constitutional Court, the Presidents of the two chambers of Parliament and the Government, with up to date them to submit their point of view. Provisions of art. 19 last applies accordingly.

(2) the judge designated as Rapporteur pursuant to paragraph 1. (1) is required to take the necessary measures for the management of samples to date worldwide judgment.
  

(3) the term of the Court shall be determined by the President of the Court, the date of the report. "
  

9. Article 25 shall be repealed.
10. Article 26(2) shall read as follows: Art. 26. — (1) the decision to establish unconstitutionality of a law or Ordinance or a provision from a bill or an Ordinance into effect shall be final and binding.

(2) In case of exception, the Court will rule on the constitutionality of any other provision of the Act under attack, which necessarily and obviously cannot be dissociated the provisions referred to in the notification.
  

(3) Decisions shall be binding from the date of their publication in the Official Gazette and take effect only for the future.
  

(4) Decisions handed down under the terms of paragraph 1. (1) shall be communicated to the two chambers of Parliament and the Government. "
  

11. In article 37, after paragraph 2, insert the (2 ^ 1), with the following contents: (2 ^ 1) the Bill or, if appropriate, a legislative proposal is submitted to the Court, accompanied by the opinion of the Legislative Council. "
12. Article 48 paragraph (1) shall read as follows: Art. 48. — (1) the Constitutional Court has 10 assistants to Magistrates Court under the President, one of whom is the Chief-Assistant magistrate. "
13. Article 49 paragraph (1) shall read as follows: Art. 49. — (1) the Constitutional Court Secretariat is headed by a Secretary general, assimilated Secretary of State function, called and cancelled by the Court between lawyers in a legal activity for at least 10 years and praiseworthy activity. "
14. In article 49, paragraphs (3) and (4) shall read as follows: "(3) the Secretary-General shall work under the supervision of the President of the Constitutional Court. It ensures the preparation, organisation and coordination of the work of the Court and is the originator of the article. 11(2). (2) and (4) the functions of the Secretary-General and those of the staff of the Secretariat of the Constitutional Court shall be determined by the rules of organization and functioning of the Court. "
  

15. Article 50, paragraph 2 shall read as follows: "(2) the draft budget is approved with the Advisory opinion of the Ministry of Finance of the Court and shall be forwarded to the Government, to be included in the draft State budget for law-making submissive. Any objections of the Constitutional Court in the Government's draft budget is presented to Parliament. "


Article 2 the provisions of this Act, the previous provisions relating to the appeal, shall apply to appeals pending and decisions which, at the date of entry into force of this law, are not yet definitive.


Article 3 Law No. 47/1992 concerning the Organization and functioning of the Constitutional Court with the amendments and additions made by this Bill, will the Republic Official Gazette of Romania, part I, posing a new numbering texts and actualizandu-are the names.
This law was adopted by the Senate at its meeting on 9 July 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN this law was adopted by the Chamber of deputies at its meeting on 10 July 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN — — — — — — — — — — — — — —