Law No. 47 Of 18 May 1992 * Republished On Organisation And Functioning Of The Constitutional Court

Original Language Title:  LEGE nr. 47 din 18 mai 1992 *** Republicată privind organizarea şi funcţionarea Curţii Constituţionale

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071085/-lege-nr.-47-din-18-mai-1992-%252a%252a%252a-republicat-privind-organizarea-i-funcionarea-curii-constituionale.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 47 of 18 May 1992 (* republished *) (* updated *) on the Organization and functioning of the Constitutional Court (updated until 23 June 2013 *)-PARLIAMENT ISSUING — — — — — — — — — — — *) the Republished pursuant to art. V of law No. 177/2010 modifying and completing law No. 47/1992 concerning the Organization and functioning of the Constitutional Court, the code of civil procedure and code of criminal procedure, as published in the Official Gazette of Romania, part I, no. 672 October 4 2010, posing a new texts.
Law No. 47/1992 was also republished in the Official Gazette of Romania, part I, no. 643 of 16 July 2004, and has subsequently been amended by Framework Law No. 330/2009 relating to the remuneration of staff paid out of public funds, as published in the Official Gazette of Romania, part I, no. 762 of 9 November 2009.


Chapter I General provisions Article 1 (1) the Constitutional Court is the guarantor of the supremacy of the Constitution.
  

(2) the Constitutional Court is the sole authority of constitutional jurisdiction in Romania.
  

(3) the Constitutional Court shall be independent from any other public authority and is subject only to the Constitution and this law.
  


Article 2 (1) the Constitutional Court ensures the constitutionality of laws, international treaties, regulations and ordinances of the Parliament to the Government.
  

(2) the provisions of laws Are unconstitutional under paragraph 1. (1) who contravenes the provisions or principles of the Constitution.
  

(3) the Constitutional Court to pronounce on the constitutionality of laws, only in respect of which it was seised, without being able to amend or complement the provisions under scrutiny.
  


Article 3 (1) the functions of the Constitutional Court shall be that established by the Constitution and this law.
  

(2) in exercising the functions assigned to the Constitutional Court is the sole right to decide on its competence.
  

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


Article 4 of the Constitutional Court's headquarters is in Bucharest.


Chapter II Organization of the Constitutional Court in article 5 (1) the Constitutional Court is composed of nine judges appointed for a term of nine years, which may not be extended or renewed.
  

(2) three judges shall be appointed by the Chamber of Deputies, three by the Senate and three by the President of Romania.
  

(3) the Constitutional Court shall be renewed with one-third of the number of judges every three years.
  

(4) every room of the Parliament called by a majority vote of its members, on a proposal from the standing Bureau and based on the legal advice of the Commission, as the judge, the person who obtains the highest number of votes.
  

(5) Candidates may be submitted to the legal Commission of the parliamentary groups, MPs and senators. Each candidate will submit curriculum vitae and supporting documents that meet the conditions stipulated in the Constitution. The candidates will be heard by the Commission and the Chamber. Report of the legal Committee will refer, motivated, to all candidates.
  


Article 6 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.


Article 7 (1) the Constitutional Court has a President elected by secret ballot, for a period of 3 years, with the majority of the votes of the judges, within 5 days after the renewal of the Court.
  

(2) the term of Office of the Chairperson shall be renewable.
  

(3) for the election of the President, the Group of judges appointed by the Chamber of Deputies, the Senate and the President of Romania may propose a single candidate. If in the first ballot no candidate does not meet the majority of the votes, it will proceed to the second round of voting between the top two finishers or studded lots, if all candidates obtain the same number of votes. Electing the President of operations are conducted by the most senior judge.
  

(4) the President shall appoint a judge who would take place during the absence.
  


Article 8 (1) in the case of function vacancy, shall choose a Chairman until the end of the period of 3 years. 7 para. (1) and (2) the election shall take place within five days of the holiday, according to the procedure laid down in article 21. 7 para. 3. Article 9 (1) the President of the Constitutional Court shall have the following duties: a) coordinates the activity of the Constitutional Court;
  

b) convenes and presides the Constitutional Court;
  

(c) designating the judge-rapporteur) in cases stipulated by law and establishes deadlines;
  

d) represents the Constitutional Court in front of public authorities and other organizations, or foreign;
  

e) finds instances of termination of judges provided for in this law, and referred the matter to the public authorities which called them, to fill the post become vacant;
  

f) meets other duties provided by law or by the rules of organization and functioning of the Constitutional Court.
  

(2) the President shall supervise the work of authorising officer to the Secretary-General of the Constitutional Court.
  

(3) in exercising the functions of administrative leadership, President issues orders.
  


Chapter III the jurisdiction of the Constitutional Court's section 1 common provisions Article 10 (1) the Constitutional Court can be seised in the cases expressly provided for in art. 146 of the Constitution, republished, or organic law.
  

(2) Notifications shall be made in writing and state the reasons.
  


Article 11 (1) the Constitutional Court shall pronounce judgments and decisions, issuing opinions, as follows: a. Decisions in cases in which: (a)) to pronounce on the constitutionality of laws, before promulgation, upon their referral to the President of one of the Presidents of both Chambers, to the Government, the High Court of Cassation and justice, the Ombudsman, a number of at least 50 deputies or at least 25 Senators as well as, ex officio, on initiatives to revise the Constitution;
  

b) to pronounce on the constitutionality of treaties or other international agreements, prior to their ratification by Parliament, the referral to one of the Presidents of both Chambers, a number of at least 50 deputies or at least 25 Senators;
  

c) to pronounce on the constitutionality of the regulations of the Parliament, at the appeal of one of the Presidents of both Chambers, a parliamentary group or a number of at least 50 deputies or at least 25 Senators;
  

d) decides on the exception of unconstitutionality regarding laws and ordinances, erected in front of the courts or of commercial arbitration, as well as those raised directly by the Ombudsman;
  

e) legal nature conflicts settled constitutional between public authorities, at the request of the President of Romania, one of the Presidents of both Chambers, to the Prime Minister or the President of the Superior Council of Magistracy;
  

f) shall act on complaints which relate to the constitutionality of a political party.
  

B. Decisions in cases in which: (a) ensure compliance with procedure) for the election of the President of Romania and confirms the results of suffrage;
  

b) reveals the circumstances which justify the interim in exercising the function of President of Romania, and communicates the findings to Parliament and the Government;
  

c ensure compliance with procedure) for the Organization and conduct of the referendum and its results confirmed;
  

d) checks the conditions for exercising legislative initiative by citizens.
  

C. Advisory Opinions for the proposal of suspension from Office of the President of Romania.

(2) the decisions and judgements shall be delivered in the name of the law.
  

(3) Decisions, judgements and opinions of the Constitutional Court shall be published in the Official Gazette of Romania, part I. decisions and judgments of the Constitutional Court are binding and generally only have power for the future.
  


Article 12 (1) sittings of the Court are public, except for the case in which, for good reasons, the Court decides otherwise.
  

(2) the parties have access to the work file.
  

(3) the acts and proceedings of the Constitutional Court, on the basis of which it pronounces rulings on decisions and times deliver opinions; 11, not intended for advertising.
  


Article 13 Requests addressed to the Constitutional Court shall be exempt from stamp duty.


Article 14 Judicial Proceedings provided for in this law shall be supplemented by the rules of civil procedure, to the extent that they are compatible with the nature of the proceedings before the Constitutional Court. Compatibility decides in its sole discretion.


Section 2 of the Judicial Proceedings 1. Constitutionality of laws before the promulgation of article 15 (1) the Constitutional Court to pronounce on the constitutionality of laws before their promulgation, the referral to the President of one of the Presidents of both Chambers, to the Government, the High Court of Cassation and justice, the Ombudsman, a number of at least 50 deputies or at least 25 senators.
  


(2) for the purposes of exercising the right of referral to the Constitutional Court, five days before they are sent for promulgation, the law shall be notified to the Government, the High Court of Cassation and justice, as well as the Ombudsman, and shall be deposited with the Secretary general of the Chamber of Deputies and the Senate. Where the law was adopted by the emergency procedure, the time limit is two days.
  

(3) the date on which the law was submitted to the Secretaries-General of the Chambers shall be made in the article of each room within 24 hours of submission. Filing and communication are made only on days when Parliament Chambers working in plenary.
  

(4) the appeal submitted by the members of the Constitutional Court shall be sent on the day of its receipt by the Secretary general of the Chamber concerned.
  


Article 16 (1) in case of referral to the Constitutional Court by one of the Chairmen of the two chambers of Parliament, members of Parliament, the Government, the High Court of Cassation and justice or Ombudsman, the President will communicate to referral received, on the day of registration.
  

(2) If the appeal was made by the President of Romania, members of Parliament, of the High Court of Cassation and justice or Ombudsman, the Constitutional Court shall communicate, within 24 hours after registration, the Presidents of the two chambers of Parliament and the Government, stating the date and time when the debates will be held.
  

(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, the Government and the Ombudsman, and if the appeal has been made by the Government, the Court shall notify the Presidents of the two chambers of Parliament, as well as the Ombudsman, the provisions of paragraphs 1 and 2. (2) by applying it properly.
  


Article 17 (1) up to date debate, Presidents of two chambers of Parliament, the Government and the Ombudsman may submit, in writing, their point of view.
  

(2) the views of the Government shall be provided only under the signature of the Prime Minister.
  


Article 18 (1) the debate is taking place in the plenum of the Constitutional Court, with the participation of judges of the Court, on the basis of the referral, and the views received, the provisions referred to in the complaint and those necessarily and obviously cannot be dissociated.
  

(2) the decision shall be delivered in the following by a majority vote of the judges and shall be communicated to the President of Romania. Decision shall be communicated to the unconstitutionality of law finds the Presidents of the two chambers of Parliament and the Prime Minister.
  

(3) in cases of unconstitutionality regarding laws before their promulgation, Parliament is obliged to re-examine those provisions for their implementation with the decision of the Constitutional Court.
  

2. Constitutionality of the initiatives review of Constitution article 19 prior to referral to the Parliament to initiate the legislative procedure for the revision of the Constitution, the Bill or legislative proposal, accompanied by the opinion of the Legislative Council shall be submitted to the Constitutional Court, which is obliged, within 10 days, to rule over the observance of constitutional provisions on the review.


Article 20 on receipt of the Bill or legislative proposal, the President of the court appoints a judge-rapporteur and the time limit.


Article 21 (1) the Constitutional Court to pronounce on the Bill or legislative proposal with a vote of two-thirds of the number of judges.
  

(2) the decision of the Court shall be communicated to those who initiated the Bill or legislative proposal or, as the case may be, their representative.
  


Article 22 the Bill or legislative proposal is presented to the Parliament only together with the decision of the Constitutional Court, communicated under art. 21. (2) Article 23 (1) within five days after the adoption of the law on the revision of the Constitution, the Constitutional Court shall, ex officio, over it, the provisions of art. 20 and 21 shall apply accordingly.
  

(2) the decision finds that have been breached constitutional provisions relating to the review shall be sent to the Chamber of Deputies and the Senate, in order to review the law to revise the Constitution, for it agreed with the decision of the Constitutional Court.
  

3. Constitutionality of treaties or other international agreements in article 24 (1) the Constitutional Court to pronounce on the constitutionality of treaties or other international agreements prior to their ratification by Parliament, the referral to one of the Presidents of both Chambers, a number of at least 50 deputies or at least 25 senators.
  

(2) If the appeal was made by the President of one of the Chambers of Parliament, the Constitutional Court shall communicate to the President of Romania, the President of the other Rooms, as well as the Government.
  

(3) Referral submitted by MPs to be recorded, where applicable, to the Senate or the Chamber of Deputies and is sent to the Constitutional Court, on the day of its receipt by the Secretary general of the Chamber concerned.
  

(4) Constitutional Court shall notify the referral to the President, the Presidents of the two chambers of Parliament and the Government.
  


Article 25 up to date Constitutional Court debates, the Romanian President, the Presidents of the two chambers of Parliament and the Government may submit, in writing, their views.


Article 26 (1) the debate over the constitutionality of the Treaty or international agreement is held in front of the Constitutional Court, on the basis of the referral, and the views received, the provisions referred to in the complaint and those necessarily and obviously they cannot be dissociated.
  

(2) the decision shall be delivered in the following by a majority vote of the judges and shall be communicated to the President, the Presidents of the two chambers of Parliament and the Government.
  

(3) where the constitutionality of a treaty or international agreement has been established according to art. 146 lit. (b)) of the Constitution, republished, it cannot be an exception of unconstitutionality. The Treaty or international agreement which has been identified as being unconstitutional cannot be ratified.
  

4. Constitutionality of regulations Article Parliament 27 (1) the Constitutional Court to pronounce on the constitutionality of the regulations of the Parliament, the Chamber of Deputies plenum, decisions of plenum of the Senate and of the decisions of the plenary meeting of both chambers of Parliament, the referral to one of the Presidents of both Chambers, a parliamentary group or a number of at least 50 deputies or at least 25 senators.
  

— — — — — — — — — — —-. (1) of article 1. 27 has returned to its original form as a result of the rejection of the EMERGENCY ORDINANCE nr. 38 of 4 July 2012, published in MONITORUL OFICIAL nr. 445 of 4 July 2012 by art. in accordance with law No. 183 of 19 June 2013, published in MONITORUL OFICIAL nr. 369 20 June 2013.

(2) where the appeal is made, it shall be sent to the Constitutional Court by the Secretary general of the Chamber of which they are part, the day on which the Constitutional Court, and a will shall, within 24 hours after registration, the Presidents of both Chambers, with an indication of the date when the debate will take place.
  

(3) up to the date of the debate, the Presidents of the boards may communicate the standpoint of permanent offices.
  


Article 28 (1) the debate is taking place in the plenum of the Constitutional Court, on the basis of the referral and the views received.
  

(2) the decision shall be delivered by a majority vote of the judges of the Court and it informs the Chamber of which the regulation was discussed.
  

(3) if the decision is found the unconstitutionality of certain provisions, the Chamber hearing will re-examine, within 45 days, these provisions, for the implementation of their agreement with the provisions of the Constitution. During this period, the provisions of the regulation are declared unconstitutional. At the expiration of 45 days, statutory provisions declared unconstitutional cease legal effects.
  

5. resolution exception unconstitutionality raised in front of the courts or of commercial arbitration Article 29 (1) the Constitutional Court shall decide on the exceptions raised in front of the courts or of commercial arbitration concerning the unconstitutionality of a law or Ordinance or a provision from a bill or an Ordinance in force, relating to the settlement of the case at any stage of the dispute, and whatever its object.
  

(2) Exception may be raised at the request of one party or of its own motion, the Court of commercial arbitration times. In addition, the exception can be raised by the Prosecutor to the Court of Justice, in cases involving.
  

(3) may not be the exception as unconstitutional provisions established 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. With the completion of the referral, the Court shall send to the Constitutional Court and the names of the parties of the process containing the necessary data for carrying out the procedure of summoning.
  

(5) If the exception is inadmissible, being contrary to the provisions of paragraph 1. (1), (2) or (3), the Court shall reject through a reasoned request for the closing referral to the Constitutional Court. The conclusion may be appealed only with recourse to the Court immediately above, within 48 hours after delivery. The appeal shall assess it within 3 days.
  


Article 30 (1) Receiving the conclusion provided for in article. 29 para. (4) the President of the Constitutional Court shall designate the judge-rapporteur and will communicate through conclusion which was referred to the Constitutional Court, the Presidents of the two chambers of Parliament, the Government and the Ombudsman, indicating a date by which they can send to their point of view. Provisions of art. 17 para. (2) shall apply accordingly.
  

(2) the judge designated as Rapporteur pursuant to paragraph 1. (1), shall take the necessary measures for the management of samples after the date of the judgment.
  

(3) the judgment is held at the time fixed, on the basis of documents contained in the file, with the notice of the parties and the Public Ministry.
  

(4) the participation of the Prosecutor in court is mandatory.
  

(5) the parties may be represented by lawyers entitled to plead to the High Court of Cassation and justice.
  


Article 31 (1) the decision by which it is established by law or Ordinance 15 times to 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) the provisions of laws and ordinances in force established as unconstitutional ceases its legal effects at 45 days after publication of the decision of the Constitutional Court, if, in the meantime, the Parliament or the Government, as appropriate, does not accord with the provisions of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.
  

(4) Decisions handed down under the terms of paragraph 1. (1) shall be communicated to the two chambers of Parliament, the Government and the Court, which referred the matter to the Constitutional Court.
  

(5) where the notification of the decision of the Constitutional Court according to paragraph 1. (4) case is on the role of another judicial body, the Court shall communicate its decision.
  

6. resolution exception of unconstitutionality raised the Ombudsman Article 32 the Constitutional Court decides on the exception of unconstitutionality raised directly by the Ombudsman concerning the constitutionality of a law or Ordinance or a provision from a bill or Ordinance in force.


Article 33 the exception of unconstitutionality, the provisions of art. 29-31 shall apply accordingly.
7. Conflict resolution legal constitutional nature of public authorities, Article 34 (1) the Constitutional Court adjudicates legal conflicts of the constitutional nature of the public authorities, at the request of the President of Romania, one of the Presidents of both Chambers, to the Prime Minister or the President of the Superior Council of Magistracy.
  

(2) an application for a settlement of the conflict will mention the warring governments, legal texts on which bears the conflict, presenting the position of the parties and the author's opinion.
  


Article 35 (1) Receiving the request, the President of the Constitutional Court shall communicate to the warring parties, asking them to express, in writing, within that period, his views on the content of the conflict and possible ways to solve it, and shall designate the judge-rapporteur.
  

(2) the date of receipt of the last point, but no later than 20 days after the receipt of the request, the President of the Constitutional Court shall determine the term for the meeting and cites the conflicting parties. The debate will be held on the date fixed by the President of the Constitutional Court even if any of the Governments involved do not comply with the time limit set for submission of point of view.
  

(3) the debate takes place on the basis of a report of the judge-rapporteur, referral, demand of the views presented pursuant to paragraph 1. (1) the evidence of the parties ' contention and managed.
  


Article 36 decision resolves a legal constitutional nature conflict shall be final and shall be communicated to the author of the referral, and the warring parties, before its publication in the Official Gazette of Romania, part I. The observance of the procedure for the election of the President of Romania Article 37 (1) the Constitutional Court shall ensure the observance of the procedure for the election of the President of Romania and confirms the results of equal suffrage.
  

(2) the outcome of elections for the Office of President of Romania shall be validated by the Constitutional Court.
  


Article 38 Complaints on the registration or recording of candidacy at the Office of President of Romania, as well as those regarding the prevention of a political party or a political party or a candidate to run the election campaign according to the law of the Constitutional Court shall decide by a majority vote of the judges, within the time limits prescribed by law for the election of the President of Romania.
9. Judging complaints which relate to the constitutionality of a political party by article 39 (1) the Constitutional Court shall decide on complaints that the constitutionality of a political party.
  

(2) the constitutionality of an Opposition political party may be made by the President of one of the Chambers of Parliament or the Government. Chairman of the Board may appeal only on the basis of a decision adopted by a majority vote of the members of the Chamber.
  

(3) the appeal shall be reasoned and shall be accompanied by the evidence on which it is based.
  


Article 40 (1) for the resolution of the opposition, the President of the Constitutional Court shall designate the judge-rapporteur, who shall be obliged to release it, together with supporting documents, the political party to which the appeal relates, including the date by which i can lay a memoir in defense, accompanied by appropriate evidence.
  

(2) the opposition shall assess, on the basis of the report presented by the judge designated for this purpose and evidence, with the attendance of contestatorului political party, whose constitutionality is challenged and the Public Ministry.
  

(3) the Chamber of Parliament which has lodged the appeal can be represented by a person designated by it, and the Government, the Ministry of Justice. A political party may be represented by counsel and the right to plead in front of the High Court of Cassation and justice.
  

(4) the Court's decision is not subject to appeal.
  


Article 41 (1) political parties may be declared unconstitutional in cases provided for by art. 40 para. (2) of the Constitution, republished.
  

(2) the decision shall be communicated to the acceptance of the Appeal Court of Bucharest for the purpose of exclusion from political party from the registry of political parties unconstitutional.
  

10. The issuance of suspension for President Article 42 (1) the Constitutional Court gives an advisory opinion the proposal of suspension from Office of the President of Romania.
  

(2) the proposal of suspension from Office of the President of Romania, together with the evidence on which it is based shall be sent in hard copy to the Constitutional Court, the President who led the joint sitting of the two chambers.
  

(3) the President of the Constitutional Court, receiving the request, shall designate the judge-rapporteur.
  


Article 43 (1) opinion on the suspension from Office of the President of Romania shall be issued by the Constitutional Court following the debate of the proposal for the suspension and the evidence presented.
  

(2) the President of Romania shall be încunoştinţat upon the date fixed for the debate and may give explanations on the actions for which he is charged.
  

(3) the opinion of the Constitutional Court shall be notified to the Presidents of the two chambers of Parliament and the President of Romania.
  

11. a finding of the existence of circumstances which justify the interim in exercising the function of President of Romania Article 44 (1) the Constitutional Court ascertains the existence of circumstances which justify the interim in exercising the function of President of Romania, and communicates the findings to Parliament and the Government.
  

(2) vacant President of Romania is established at the request of the President of one of the Chambers of Parliament or of the interim President who exercises the powers of the President during the period as it is suspended from Office.
  

(3) where the President of Romania was suspended from his duties, the request for a determination of the existence of circumstances which justify the interim is the President who has led the work of the joint meeting of the two houses of Parliament, on the basis of the judgment passed in a joint sitting.
  


(4) where the interim President of Romania is due to the inability of temporary duties, the application shall be made by the President of Romania or of the President of one of the Chambers of Parliament.
  


Article 45 application for finding the existence of circumstances which justify the interim office of the President of Romania shall be accompanied by the necessary evidence, and finding these circumstances shall be made by the Constitutional Court, by a majority vote of the judges.
12. Exercise regarding the Organization and conduct of the referendum and its results confirmed in article 46 (1) the Constitutional Court shall ensure the observance of the procedure for the Organization and conduct of the referendum and its results confirmed.
  

(2) in order to comply with paragraph 1. (1) the Constitutional Court may request information from public authorities.
  

(3) Central Electoral Bureau is required to provide, at the request of the Constitutional Court, briefings on the ongoing operations and phases of the referendum.
  


Article 47 (1) the Constitutional Court decides by a majority of two-thirds upon the validity of the referendum.
  

(2) a judgment of the Constitutional Court determines whether or not it has been breached procedure for the Organization and conduct of the referendum and its results confirmed.
  

(3) prior to publication in the Official Gazette of Romania, part I, the judgment of the Constitutional Court shall be submitted to the Chamber of Deputies and Senate, meeting in joint session.
  

13. Verify that the conditions for the exercise of legislative initiative by citizens Constitutional Article 48 the Court, ex officio or on the basis of referral to Parliament's Chairman of the Board at which the legislative initiative of the citizens, shall decide upon: a constitutional character) legislative proposal on the subject of the citizens ' initiative;
  

(b) fulfilment of the conditions relating to) publishing this proposal and if the lists of supporters are attested by the mayors of territorial-administrative units or by their representatives;
  

c) meeting the minimum number of supporters for the promotion of the initiative referred to in art. 74 para. (1) or, where appropriate, in article 19. 150 para. (1) of the Constitution, republished, as well as respect for the territorial dispersion in counties and in Bucharest under the same articles.
  


Article 49 on receipt of the referral, the President of the Constitutional Court shall designate the judge-rapporteur and the time limit for the judges ' meeting, for the purpose of the initiative.


Chapter IV of the Constitutional Court plenum of Constitutional Court Article 50, made up of judges of the Court, its duties, as provided for by the Constitution and by law. The article may take any measure necessary for the proper conduct of the work of the Court.


Article 51 (1) the Constitutional Court working legally in the presence of two thirds of the number of judges. The plenum decides by a majority vote of the judges of the Court, if the law does not provide otherwise.
  

(2) the solutions adopted by the Constitutional Court in the exercise of judicial powers shall be entered in the great book of judgment, and in administrative matters shall be recorded for each session individually, in a report drawn up on the basis of which a decision will be issued, signed by the President of the Court and contrasemnată by the Secretary-General.
  

(3) to exercise any other powers than those jurisdictional, the plenum is convened by the President of the Constitutional Court, on its own initiative or at the written request of a judge. The convocation is done with the announcement of the agenda, which will be adopted in plenary at the beginning of the meeting.
  


Chapter V specific procedural Rules of activity of the Constitutional Court by article 52 (1) sittings of the plenum of Constitutional Court Justices participate in all, apart from cases in which some justifiably absent.
  

(2) the meetings shall be chaired by the President of the Constitutional Court. In the absence of the President of the Court of sessions shall be chaired by a judge designated by him. The meetings invariably assigned Assistant magistrate-judge-rapporteur next, and in cases stipulated by law, the representative of the Public Prosecutor and other persons or bodies notified for this purpose.
  

(3) the debates take place with the participation only of judges of the Constitutional Court, on the basis of referral and other documents in the file and, except as provided for in article 10. 146 lit. d), (e)) and k) of the Constitution, republished without notification to the parties. President of the Court may invite, for relationships, persons considered necessary.
  


Article 53 (1) of the public Access is limited to the number of seats in the courtroom. The Secretary-General will take steps to ensure access to the public in the courtroom.
  

(2) in order to ensure the use of the feast the meeting meeting room appliances that allow recording, fixation or Word or image is allowed only before the start of the debates and with the prior approval of the President of the Constitutional Court.
  

(3) it is prohibited in the courtroom to make propaganda of any kind, by word of mouth or through posters, placards and other materials of this kind, under penalty of the evacuation from the gym, and referral to the police, if the President of the Constitutional Court considers that deed has serious character.
  

(4) the provisions of article 4. 122 and 123 of the code of civil procedure shall apply.
  

(5) on the role of colligate constitutional court ordering when the exception object is identical.
  


Article 54 during the public meetings, judges, magistrates, prosecutors and assistants-lawyers wearing robes.


Article 55 establishes that the Constitutional Court, legal, shall examine the constitutionality of the applicable provisions, the code of civil procedure relating to the suspension, discontinuation or switching off process and no objection those concerning judges.


Article 56 during the public hearing, the magistrate Assistant will be recorded in the register, numbered sealed envelopes, file number, parties and oral CD of Prosecutor, measures provided by the Constitutional Court, and all other matters arising out of the conduct of the debates. Based on this, the magistrate Assistant will prepare the conclusion of debates. The register notes are kept in the archive of the Court for five years from the date of the last written notes.


Article 57 if the Constitutional Court's pronouncement, remains the Chairman announces the day assigned for it. Deferring the pronouncement will not exceed, as a general rule, 30 days. In the great book of session will pass the pronouncement and the term in which the debates took place.


Article 58 (1) Deliberating in secret and is made from it will be attended by only the judges who participated in the debate. Assistant magistrate who prepared and participated in the debates they may be consulted.
  

(2) the judge rapporteur shall vote first, the youngest judge in the second, then the rest of the judges and, in the end, the President of the Constitutional Court.
  

(3) where a judge expected to interrupt deliberation for better investigation of the issues that form the subject of the debate and the President of the Constitutional Court, or at least one-third of the number of judges on a reasoned request, the plenary believes it will defer delivery of another time, taking into account the urgency of the case.
  

(4) If it becomes apparent during the judging process, the need for additional lămuririi has some issues, the President of the Constitutional Court may order the reopening of the debate, taking procedural steps required.
  


Article 59 (1) judging the result falls within a minute, which shall be signed by the judges who attended the session and magistrate Assistant.
  

(2) the magistrate Assistant will immediately record in the great book of session data solutions, which is signed by the judges.
  

(3) the judge who voted against it can formulate a separate opinion. With regard to the motivation of the decision may be concurrent opinion. A separate opinion and, where applicable, the concurrent shall be published in the Official Gazette, part I, together with the decision.
  


Article 60 (1) Decisions, judgements and advisory opinions shall be drawn up in writing by the Assistant magistrate who participated in the debate, under the direction of the judge-rapporteur. The term redaction is not more than 30 days after delivery.
  

(2) Decisions, judgements and advisory opinions shall be certified by the President of the Constitutional Court and the magistrate Assistant who participated in the discussions. They receive their registration order number in the great book, separately for decisions, judgments and opinions.
  

(3) the Constitutional Court decisions and edit collections decisions and organizes its systematization of jurisprudence.
  


Chapter VI status of judges of the Constitutional Court in article 61 (1) the judges of the Constitutional Court shall be independent in the exercise of their duties and shall be irremovable during the term of Office.
  

(2) the judges of the Constitutional Court cannot be held accountable for the opinions and votes cast in the adoption of solutions.
  

(3) the judges of the Constitutional Court must have the Judicature, high professional competence and an age of at least 18 years of age in legal activity or in legal education.
  

(4) the Office of judge is incompatible with any other public or private office, except for teaching positions in higher legal education.
  


Article 62


The appointment of judges, under the present law, can only be made with prior consent expressed in writing, of the candidate. If the candidate has a function which is incompatible with that of judge of constitutional court or belongs to a political party, the agreement must include the candidate's pledge to resign on the date of appointment, since that function or political party whose member it is.


Article 63 (1) the judges of the Constitutional Court shall, in front of the President and the Presidents of the two chambers of Parliament, the following oath: "I swear to respect and defend the Constitution to empower me in good faith and without bias of the judge of the obligations of the Constitutional Court. So help me God! "

(2) the oath shall be submitted individually. Judges of the Court shall exercise its function from the date the oath.
  


Article 64 of the Constitutional Court Judges are bound: a) to carry out the function entrusted with impartiality and respect for the Constitution;
  

b) secrecy and of record and not to take a public position or give advice in matters within the competence of the Constitutional Court;
  

c) in the Constitutional Court acts to express an affirmative or negative vote, abstaining from voting as they are not permitted;
  

d) communicate to the President of the Constitutional Court any activity which could attract the incompatibility with the mandate that you exercise;
  

It's not allowed to use) tool that you fulfil the purpose of commercial advertisement or propaganda of any kind;
  

f) to refrain from any activities or events which are contrary to the independence and dignity of their function.
  


Article 65 disciplinary deviation Setting judges, sanctions and their application is the exclusive competence of the plenum of the Constitutional Court.


Article 66 (1) the judges of the Constitutional Court may not be arrested or placed in prosecution than with the approval of the standing Bureau of the Chamber of Deputies, the Senate or President, as appropriate, at the request of the prosecutor-general's Office of the High Court of Cassation and justice.
  

(2) the jurisdiction of the Court for the crimes committed by the judges of the Constitutional Court the High Court of Cassation and justice.
  

(3) the date on which the Criminal Court, judge of the Constitutional Court shall be suspended in its function. In the case of final conviction, he is excluded from the law, and in case of acquittal, suspension ceases.
  


Article 67 (1) the term of Office of judge of Constitutional Court shall cease: a) on the expiry for which he was appointed or in case of resignation, the electoral rights of exclusion as times of death;
  

b) in situations of incompatibility or impossibility to exercise the function of judge for more than 6 months;
  

c) in the case of violation of the provisions of article 7. 391. (3) or article 21. 40 para. (3) of the Constitution, republished, or for violation of the obligations laid down in article 21. 64. (2) the finding of the expiry, according to paragraphs 1 and 2. (1) (a). a), shall be made by the President of the Constitutional Court, and in other cases, ceasing in the plenary decides by a majority vote of the judges of the Court.
  


Article 68 (1) With 3 months before the expiry of the term of each judge, the President of the Court of Justice referred the matter to the President of the Chamber of Parliament which appointed the judge or, where appropriate, by the President of Romania, prompting him to appoint another in his stead; the appointment must be made at least one month before the expiry of the judge the front runner.
  

(2) where the term of Office ceases before the expiration of the duration for which the judge has been appointed, and the remaining term in excess of six months, the President will refer the matter to the public authority referred to in paragraph 1. (1) not later than 3 days after the date of termination of the mandate, with a view to the appointment of a new judge. The term of Office of judge so appointed shall cease upon expiry of the term of Office that had the judge replaced.
  

(3) where the period for which he was named the new judge, pursuant to paragraph 1. (2) is less than 3 years, it will be called, the renewal of the Constitutional Court, for a full term of nine years.
  


Article 69 (1) After ceasing to hold office as a result of the expiration of the period for which it was granted, the judge shall have the right to return to the position held previously, if his appointment to the Constitutional Court was made subject to the condition of booking it.
  

(2) where the judge occupying a post of magistrate, the station's booking is mandatory.
  

(3) how is reserved, the post referred to in paragraph 1. (1) and (2) can be occupied only by the contract fixed-term employment.
  


Article 70 Judges who have no domicile in Bucharest can stay free, weekly transport to and from the place of residence, as well as daily allowance for days in participating in the work of the Constitutional Court, subject to the conditions provided by law for members and senators.


Article 71 (1) upon the termination of the mandate, as a result of the expiry or exercise of its inability for health reasons, the judges of the Constitutional Court shall receive an amount equal to the net compensation per 6 months.
  

(2) the judges of the Constitutional Court, the recalculation of pensions or retirement date previously established, benefits from the pension service equals 80% of their total gross monthly allowance. The pension thus determined shall be updated in relation to the compensation of judges of the Constitutional Court and shall be taxed according to law.
  

(3) the judges of the Constitutional Court are entitled to diplomatic passport, according to the law.
  


Chapter VII Constitutional Court Staff Article 72 (1) staff of the Constitutional Court is composed of magistrates-assistants and staff of the General Secretariat, which is headed by a Secretary general.
  

(2) the Secretary general shall be assimilated to the magistrates of their rights. The period for the performance of the function of Secretary general of the Constitutional Court shall constitute the judiciary.
  

(3) the Secretary-General is authorising officer, pursuant to article. 9 para. (2) Article 73 of the staff regulations of the Constitutional Court shall be regulated by special law.


Chapter VIII transitional and final Provisions Article 74 (1) the Constitutional Court has its own budget, which is part of the State budget.
  

(2) the draft budget shall be approved by the plenum of the Constitutional Court and shall be forwarded to the Government for inclusion in the draft of the State budget subject to Parliament.
  


Article 75 (1) the Constitutional Court be set up First within 10 days from the date of publication of this law in the Official Gazette of Romania).
  

_ _ _ _ _ _ _ _ _ *) Law No. 47/1992 concerning the Organization and functioning of the Constitutional Court was published in the Official Gazette of Romania, part I, no. 101 of 22 May 1992.

(2) to this end, each room of the Parliament appoints three judges for a period of 3, 6 and 9 years of age, in compliance with the provisions of art. 5 para. 4. Judges will be appointed in order of the number of votes cast for each candidate. The Romanian President also called the 3 judges for the same period.
  

(3) within three days after the formation, the Court shall elect its President, and within 10 days *) adopt its rules of organization and operation.
  

_ _ _ _ _ _ _ _ _ _ *) see judgment of the Plenum of the Constitutional Court No. 2/2005 for the adoption of the regulation on the organisation and functioning of the Constitutional Court, published in Official Gazette of Romania, part I, no. 116 of 4 February 2005, with subsequent amendments and additions.


Article 76 public authorities, institutions, administrations, companies and other organizations are obliged to communicate the information, documents and records they hold, as required by the Constitutional Court for carrying out its duties.


Article 77 for the year 1992, the sums required shall ensure the functioning of the Constitutional Court the Government budgetary reserve located at its disposal.
____________