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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

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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LEGE no. 138 138 of 24 July 1997 to amend and supplement Law no. 47/1992 on the organisation and functioning of the
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 170 170 of 25 July 1997



The Romanian Parliament adopts this law + Article 1 Law no. 47/1992 on the organization and functioning of the Constitutional Court, published in the Official Gazette of Romania, Part I, no 101 of 22 May 1992, shall be amended and supplemented as follows: 1. in Article 2, after paragraph 2, paragraph 3 is inserted, with the following contents: " (3) In the exercise of control, the Constitutional Court shall rule only on matters of law, without being able to modify or supplement the legal provision subject to control. Also, the Constitutional Court cannot rule on the interpretation and application of the law, but only on the meaning or contrary to the Constitution. " 2. Article 3 shall read as follows: "" Art. 3. -(1) The competence of the Constitutional Court is that established by the Constitution. (2) The Constitutional Court is the only one in law to decide on its competence. It decides in the express and limiting cases provided for in art. 144 of the Constitution. (3) The competence of the Constitutional Court, established according to para. ((2), cannot be challenged by any public authority. " 3. Article 8 (1) shall read as follows: "" Art. 8. -(1) The Constitutional Court carries out its activity in plenary, under the conditions of this Law and of the Rules of Organization and Functioning of the Constitutional Court, and the acts of the Court shall be adopted by the majority of judges, if law is not provided otherwise. " 4. Article 11 (2) shall read as follows: " (2) The President shall supervise the activity of authorising officer of the Secretary General of the Constitutional Court. 5. Article 14 (1) shall read as follows: "" Art. 14. -(1) The court sessions shall be public, unless, for good reasons, the plenum decides the secret meeting. " 6. in Article 18, after paragraph 2, paragraph 3 is inserted, with the following contents: " (3) If the complaint was made by the president of one of the Houses of Parliament, the Constitutional Court will communicate it to the president of the other Chamber, as well as to the Government, and if the complaint was made by the Government, the Court will communicate it to the presidents the two Houses of Parliament, the provisions of para. ((2) by applying properly. " 7. Article 23 shall read as follows: "" Art. 23. -(1) The Constitutional Court decides on the exceptions raised before the courts regarding the unconstitutionality of a law or ordinance or a provision of a law or an ordinance in force, on which the settlement depends cause. ((2) The exception may be raised at the request of one of the parties or, ex officio, by the court. (3) The legal provisions whose constitutionality has been established according to art. 145 145 para. (1) of the Constitution or the provisions found to be unconstitutional by an earlier decision of the Constitutional Court. (4) The complaint of the Constitutional Court is ordered by the court before which the exception of unconstitutionality was raised, by a conclusion that will include the views of the parties, the court's opinion on the exception, and will be accompanied by evidence submitted by the parties. If the exception has been raised ex officio, the conclusion must be reasoned, including the parties ' endorsements, and the necessary evidence. (5) During the period of resolution of the exception of unconstitutionality the trial of the case is suspended. (6) If the exception is inadmissible, being contrary to the provisions of par. ((1), (2) or (3), the court rejects it by a reasoned conclusion, without referring to the Constitutional Court. " 8. In Article 24, paragraphs 1, 2 and 3 shall read as follows: "" Art. 24. -(1) Receiving the conclusion provided in art. 23 23 para. (4), the President of the Constitutional Court will designate one of the judges as rapporteur and will communicate the conclusion by which the Constitutional Court was referred to the presidents of the two Houses of Parliament and the Government, indicating their date until to which they can send their point of view. Art. 19 the last paragraph shall apply accordingly. (2) The judge designated as rapporteur, according to par. ((1), is obliged to take the necessary measures for the administration of evidence at the date of judgment ((3) The term of trial shall be determined by the President of the Court at the time of the 9. Article 25 shall be repealed. 10. Article 26 shall read as follows: "" Art. 26. -(1) The decision finding the unconstitutionality of a law or ordinance or a provision of a law or an ordinance in force is final and binding. (2) In case of admission of the exception, the Court will also rule on the constitutionality of other provisions of the contested act, which, necessarily and obviously, the provisions mentioned in the complaint cannot be dissociated. ((3) Decisions are binding from the date of their publication in the Official Gazette of Romania and produce effects only for the future. (4) Decisions delivered under the conditions of paragraph 1. (1) shall be communicated to the two Houses of Parliament and Government. " 11. In Article 37, paragraph 2 shall be inserted after paragraph 2, with the following contents: " (2 ^ 1) The draft law or, as the case may be, the legislative proposal shall be submitted to the Court, accompanied by the opinion of the Legislative Council 12. Article 48 (1) shall read as follows: "" Art. 48. -(1) The Constitutional Court has 10 assistant magistrates subordinate to the President of the Court, one of whom is the chief assistant magistrate. " 13. Article 49 (1) shall read as follows: "" Art. 49. -(1) The Secretariat of the Constitutional Court is headed by a Secretary-General, assimilated to the office of Secretary of State, appointed and revoked by the plenum of the Court between jurists with a seniority in legal activity of at least 10 years and meritorious activity. " 14. In Article 49, paragraphs 3 and 4 shall read as follows: " (3) The Secretary-General shall conduct his activity under the supervision of the President He provides for the preparation, organization and coordination of the Court's works and is authorising officer, under the conditions of 11 11 para. ((2). (4) The tasks of the Secretary-General and those of the staff of the Secretariat of the Constitutional Court shall be established by the Rules of Organization and Functioning 15. Article 50 (2) shall read as follows: " (2) The draft budget is approved, with the advisory opinion of the Ministry of Finance, by the plenary of the Court and shall be submitted to the Government, in order to be included distinctly in the draft state budget subject to Any objections of the Constitutional Court to the draft Government budget shall be submitted to the Parliament for resolution. " + Article 2 The provisions prior to this law, relating to appeal, apply to appeals pending and decisions that, on the date of entry into force of this law, are not yet final. + Article 3 Law no. 47/1992 on the organization and functioning of the Constitutional Court, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering and updating the names. This law was adopted by the Senate at its meeting of 9 July 1997, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN This law was adopted by the Chamber of Deputies at its meeting on July 10, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN --------------