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Law No. 47 Of 18 May 1992 (Republished) Concerning The Organization And Functioning Of The Constitutional Court

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

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LEGE no. 47 47 of 18 May 1992 (** republished) (* updated *) on the organisation and functioning of the ((updated until 23 June 2013 *)
ISSUER PARLIAMENT




-------------- ** **) Republicated pursuant to the provisions art. V of Law no. 177/2010 to amend and supplement Law no. 47/1992 on the organization and functioning of the Constitutional Court, the Code of Civil Procedure and the Code of Criminal Procedure of Romania, published in the Official Gazette of Romania, Part I, no. 672 of 4 October 2010, giving the texts a new numbering. Law no. 47/1992 was also republished in the Official Gazette of Romania, Part I, no. 643 643 of 16 July 2004, and subsequently amended by Framework law no. 330/2009 on the unitary salary of the personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 762 762 of 9 November 2009. + Chapter I General provisions + Article 1 (1) The Constitutional Court is the guarantor of the Constitution. (2) The Constitutional Court is the sole authority of constitutional jurisdiction in Romania. (3) The Constitutional Court is independent from any other public authority and is subject only to the Constitution and the present law. + Article 2 (1) The Constitutional Court shall ensure the constitutionality of laws, international treaties, Parliament regulations and Government ordinances. (2) The provisions of the acts provided in par. (1), violating the provisions or principles of the Constitution. (3) The Constitutional Court shall rule only on the constitutionality of the acts on which it was notified, without being able to modify or supplement the provisions subject to control. + Article 3 (1) The powers of the Constitutional Court are those established by the Constitution and by this law. (2) In the exercise of his duties, the Constitutional Court shall be the only one in law to decide on its competence. (3) The competence of the Constitutional Court, established according to para. ((2), cannot be challenged by any public authority. + Article 4 The Constitutional Court is located in Bucharest. + Chapter II Organisation of Constitutional + Article 5 (1) The Constitutional Court consists of 9 judges appointed for a term of 9 years, which cannot be extended or renewed. (2) Three judges are appointed by the Chamber of Deputies, three by the Senate and three by the President of Romania (3) The Constitutional Court shall be renewed by one third of the number of judges every 3 years. (4) Each House of Parliament shall appoint, with the vote of the majority of its members, on the proposal of the Permanent Bureau and on the basis of the recommendation of the Legal Committee, as a judge, the person who entered the highest number of votes. (5) Candidates may be submitted to the Legal Committee by parliamentary groups, deputies and senators. Each candidate will submit the "curriculum vitae" and the proving documents that it meets the conditions provided by the Constitution. The candidates will be heard by the committee and the House plenary. The report of the Legal Committee will refer, motivated, to all candidates. + Article 6 The Constitutional Court carries out its activity in plenary, under the conditions of this law and of the Regulation on organization and functioning of the Constitutional Court, and the acts of the Court are adopted by the majority of judges, if by this law is provided otherwise. + Article 7 (1) The Constitutional Court has a president elected by secret ballot, for a period of 3 years, with the majority of votes of judges, within 5 days of the renewal of the Court. (2) The President's mandate may be renewed. (3) For the election of the president, each group of judges appointed by the Chamber of Deputies, the Senate and the President of Romania may propose a single candidacy If at the first round of elections no candidate meets the majority of votes, the second round of elections will be carried out between the top two or the draw, if all candidates get the same number of votes. The operations of election of the president are led by the oldest judge. (4) The President appoints a judge who will hold his place during the absence. + Article 8 (1) In case of holiday of office, a president shall be elected until the end of the 3-year period provided for in art. 7 7 para. ((1). ((2) The choice takes place within 5 days from the finding of the holiday, according to the procedure provided in art. 7 7 para. ((3). + Article 9 (1) The President of the Constitutional Court shall: a) coordinate the Constitutional Court's work b) convenes and chairs the meetings of the Constitutional Court; c) designate the Judge-Rapporteur in the cases provided by law and set the terms of trial; d) represent the Constitutional Court before public authorities and other organizations, Romanian or foreign; e) ascertains the cases of termination of the mandate of the judges, provided for in this law, and notifies the public authorities who appointed them, for filling the position f) performs other duties provided by law or by the Rules of Organization and Functioning of the Constitutional Court. (2) The President shall supervise the activity of authorising officer of the Secretary General of the Constitutional (. In the exercise of administrative managerial duties, the President shall issue orders. + Chapter III Competence of Constitutional + Section 1 Common provisions + Article 10 (1) The Constitutional Court may be notified in the cases expressly provided by art. 146 of the Constitution, republished, or its organic law. ((2) Referrals must be made in written and reasoned form. + Article 11 (. The Constitutional Court shall deliver its decisions, decisions and opinions, as follows: A. Decisions, in cases where: a) rule on the constitutionality of the laws, before their promulgation, upon the notification of the President of Romania, of one of the presidents of the two Chambers, of the Government, of the High Court of Cassation and Justice, of the Ombudsman, of a number of at least 50 deputies or at least 25 senators, as well as, ex officio, on initiatives to revise the Constitution; b) rule on the constitutionality of the treaties or other international agreements, before their ratification by Parliament, upon the referral of one of the presidents of the two Chambers, a number of at least 50 deputies or at least 25 senators; c) rule on the constitutionality of the Parliament's regulations, to the complaint of one of the presidents of the two Chambers, a parliamentary group or a number of at least 50 deputies or at least 25 senators; d) decides on the exceptions of unconstitutionality regarding the laws and ordinances, raised before the courts or commercial arbitration, as well as those raised directly by the Ombudsman; e) settle the legal conflicts of a constitutional nature between the public authorities, at the request of the President of Romania, of one of the presidents of the two Chambers, the Prime Minister or the President of the Superior Council of Magistracy; f) decides on appeals that have as their object the constitutionality of a political party. B. Judgments, in cases where: a) ensure compliance with the procedure for electing the President of Romania and confirm the results of the b) ascertains the existence of the circumstances justifying the interim in the exercise of the office of President of Romania and communicates those found to the c) ensure compliance with the procedure for the organization and conduct of the referendum and confirm its results; d) verify the fulfilment of conditions for the exercise of legislative initiative by citizens C. Consultative opinions for the proposal for suspension of office of the President of Romania. ((. Decisions and decisions shall be pronounced in the name of the law. (3) Decisions, decisions and opinions of the Constitutional Court shall be published in the Official Gazette of Romania, Part I. Decisions and decisions of the Constitutional Court are generally binding and have power only for the future. + Article 12 (. The court sessions shall be public, unless, for good reasons, the Court decides otherwise. (2) The parties have access to the file. (3) The acts and works of the Constitutional Court, on the basis of which it pronounces decisions and decisions or issues the opinions provided in art. 11, are not intended for advertising. + Article 13 Applications to the Constitutional Court are exempt from stamp duty. + Article 14 The judicial procedure provided for by this law shall be supplemented by the rules of civil procedure, in so far as they are compatible with the nature of the procedure before the Constitutional Court The compatibility is decided exclusively by the Court. + Section 2 Jurisdictional procedure 1. Control of constitutionality of laws before promulgation + Article 15 (1) The Constitutional Court shall rule on the constitutionality of the laws before their promulgation, upon the notification of the President of Romania, of one of the presidents of the two Chambers, of the Government, of the High Court of Cassation and Justice, of The Ombudsman, a number of at least 50 deputies or at least 25 senators. (2) In order to exercise the right of complaint of the Constitutional Court, 5 days before being sent for promulgation, the law shall be communicated to the Government, to the High Court of Cassation and Justice, as well as to the Ombudsman and shall be submitted to the Secretary General of the Chamber of Deputies and the Senate. If the law has been passed with the emergency procedure, the term is two days. (3) The date on which the law was filed with the general secretaries of the Chambers shall be brought to the attention of each Chamber within 24 hours of the submission. Submission and communication are made only on days when the Houses of Parliament work in plenary. (4) The complaint made by parliamentarians shall be sent to the Constitutional Court on the day of its receipt by the Secretary-General of the respective Chamber. + Article 16 (1) In case of complaint of the Constitutional Court by one of the presidents of the two Houses of Parliament, of parliamentarians, of Government, of the High Court of Cassation and Justice or of the Ombudsman, the Court will communicate to the President of Romania the complaint received on the day of registration. (2) If the complaint was made by the President of Romania, the parliamentarians, the High Court of Cassation and Justice or the Ombudsman, the Constitutional Court will communicate it, within 24 hours after registration, to the presidents of the two Chambers of Parliament and Government, also stating the date when the debates will take place. (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, the Government, as well as to the Ombudsman, and if the complaint was made by the Government, the Court will communicate to the presidents of the two Houses of Parliament, as well as to the Ombudsman, the provisions of ((2) by applying accordingly. + Article 17 (1) Until the date of the debates, the presidents of the two Houses of Parliament, the Government and the Ombudsman may present, in writing, their point of view. (2) The point of view of the Government shall be presented only under the signature of the Prime Minister. + Article 18 (1) The debate takes place in the plenum of the Constitutional Court, with the participation of the judges of the Court, on the basis of the complaint, the documents and the points of view received, both on the provisions mentioned in the complaint and on those And obviously, they can't be dissociated. (2) The decision shall be pronounced, following the deliberation, with the vote of the majority of judges and shall be communicated The decision finding the unconstitutionality of the law is communicated to the presidents of the two Houses of Parliament and the Prime Minister. (3) In cases of unconstitutionality concerning the laws, before their promulgation, the Parliament is obliged to re-examine the respective provisions for their agreement with the Constitutional Court's decision. 2. Verification of the constitutionality of the Constitution revision initiatives + Article 19 Before the Parliament is notified for the initiation of the legislative procedure for the revision of the Constitution, the draft law or legislative proposal, accompanied by the opinion of the Legislative Council, shall be submitted to the Constitutional Court, which is obliged, in days, to rule on compliance with the constitutional provisions on the revision. + Article 20 Upon receipt of the draft law or legislative proposal, the President of the Court appoints a Judge-Rapporteur and sets the term of trial. + Article 21 (1) The Constitutional Court shall rule on the draft law or legislative proposal with the vote of two thirds of the number of judges. (2) The decision of the Court shall be communicated to those who initiated the draft law or legislative proposal or, as the case may be, their representative + Article 22 The draft law or legislative proposal shall be presented to the Parliament only together with the decision of the Constitutional Court, communicated according to 21 21 para. ((2). + Article 23 (1) Within 5 days from the adoption of the law on the revision of the Constitution, the Constitutional Court shall rule, ex officio, on it, the provisions of art. 20 20 and 21 applying properly. (2) The decision finding that the constitutional provisions relating to the revision have not been observed shall be sent to the Chamber of Deputies and the Senate, in order to review the law on the revision of the Constitution, to agree with the decision Constitutional Court. 3. Control of the constitutionality of treaties or other international agreements + Article 24 (1) The Constitutional Court shall rule on the constitutionality of the treaties or other international agreements before their ratification by the Parliament, upon the referral of one of the presidents of the two Chambers, of at least 50 deputies or at least 25 senators. (2) 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 Romania, to the President of the other Chamber, (3) The complaint made by the parliamentarians shall be registered, as the case may be, at the Senate or at the Chamber of Deputies and shall be sent to the Constitutional Court, on the day of its receipt, by the Secretary General (4) The Constitutional Court communicates the complaint to the President of Romania, the presidents of the two Houses of Parliament and + Article 25 Until the date of the debates in the plenum of the Constitutional Court, the President of Romania, the presidents of the two Houses of Parliament and the Government may present their views in writing. + Article 26 (1) The debate on the constitutionality of the treaty or international agreement takes place in the plenum of the Constitutional Court, on the basis of the complaint, the documents and the views received, both on the provisions mentioned in the complaint and on those of whom, necessarily and obviously, they cannot be dissociated. (2) The decision shall be pronounced, following the deliberation, with the vote of the majority of judges and shall be communicated to the President of Romania, to the presidents of the two (3) If the constitutionality of the treaty or international agreement was found according to art. 146 lit. b) of the Constitution, republished, it cannot be subject to an exception of unconstitutionality. The treaty or international agreement found to be unconstitutional cannot be ratified. 4. Control of the constitutionality of Parliament regulations + Article 27 (1) The Constitutional Court shall rule on the constitutionality of the Parliament regulations, the decisions of the plenum of the Chamber of Deputies, the decisions of the plenum of the Senate and the decisions of the plenary of the two referral to one of the presidents of the two Chambers, a parliamentary group or a number of at least 50 deputies or at least 25 senators. ------------ Alin. ((1) of art. 27 27 returned to its original form as a result of rejection EMERGENCY ORDINANCE no. 38 38 of 4 July 2012 , published in MONITORUL OFFICIAL no. 445 445 of 4 July 2012 by art. unique from LAW no. 183 183 of 19 June 2013 , published in MONITORUL OFFICIAL no. 369 369 of 20 June 2013. (2) If the complaint is made by parliamentarians, it shall be sent to the Constitutional Court by the Secretary General of the Chamber of which they belong, on the day of the submission, and the Constitutional Court will communicate it, within 24 hours of registration, the presidents of the two Chambers, specifying the date when the debate will take place. (3) Until the date of the debate, the Presidents of Chambers may communicate the view of the permanent offices. + Article 28 (1) The debate takes place in the plenum of the Constitutional Court, based on the complaint and the points of view received. (2) The decision shall be made by the majority of the Judges of the Court and shall be brought to the attention of the Chamber whose regulation (3) If by decision the unconstitutionality of some provisions of the regulation is found, the notified Chamber will review, within 45 days, these provisions, for their agreement with the provisions of the Constitution. During this period, the provisions of the regulation declared unconstitutional are suspended. On the expiry of the 45-day period, the regulatory provisions declared unconstitutional cease their legal effects. 5. Settlement of the exception of unconstitutionality raised before the courts or commercial arbitration + Article 29 (1) The Constitutional Court decides on the exceptions raised before the courts or the commercial arbitration on the unconstitutionality of a law or ordinance or a provision of a law or an ordinance in force, which has the resolution of the case at any stage of the dispute and whatever its object. ((2) The exception may be raised at the request of one of the parties or, ex officio, by the court or commercial arbitration. The exception can also be raised by the prosecutor before the court, in the cases in which he participates. (3) The provisions found to be unconstitutional by an earlier decision of the Constitutional Court cannot be subject to the exception. (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. With the conclusion of the referral, the court will send to the Constitutional Court and the names of the parties in the process including the data necessary for the fulfillment of the procedure for their (5) If the exception is inadmissible, being contrary to the provisions of par. (1), (2) or (3), the court rejects by a reasoned conclusion the request for referral of the Constitutional Court. The conclusion can be appealed only with appeal to the immediately superior court, within 48 hours of the ruling. The appeal is adjudicated within 3 days. + Article 30 (1) Receiving the conclusion provided in art. 29 29 para. (4), the President of the Constitutional Court will designate the rapporteur-judge and will communicate the conclusion by which the Constitutional Court was notified to the presidents of the two Houses of Parliament, the Government and the Ombudsman, indicating their date up to which they can send their point of view. Art. 17 17 para. ((2) 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 judgment takes place at the established deadline, based on the documents contained in the file, with the notification 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 with the right to plead to the High Court of Cassation and Justice. + Article 31 (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) The provisions of the laws and ordinances in force found to be unconstitutional shall cease their legal effects 45 days after the publication of the Constitutional Court's decision, if, within this period, the Parliament or the Government, as the case may be, shall not agree the unconstitutional provisions with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. (4) Decisions delivered under the conditions of paragraph 1. (1) shall be communicated to the two Houses of Parliament, Government and court which appealed to the Constitutional Court. (5) If at the date of communication of the Constitutional Court decision according to par. (4) the case is pending before another judicial body, the court shall communicate its decision. 6. Settlement of the exception of unconstitutionality raised by the Ombudsman + Article 32 The Constitutional Court decides on the exceptions of unconstitutionality raised directly by the Ombudsman on the constitutionality of a law or ordinance or a provision of a law or ordinance in force. + Article 33 When solving the exception of unconstitutionality, the provisions of art. 29 29-31 shall apply accordingly. 7. Settlement of legal conflicts of a constitutional nature between public authorities + Article 34 (1) The Constitutional Court shall settle the legal conflicts of a constitutional nature between the public authorities, at the request of the President of Romania, of one of the presidents of the two Chambers, of the Prime Minister or of the President Superior of Magistracy. (2) The request for settlement of the conflict will mention the public authorities in conflict, the legal texts on which the conflict bears the position of the parties and the opinion of the author + Article 35 (1) Receiving the request, the President of the Constitutional Court will communicate it to the warring parties, asking them to express, in writing, within the set deadline, the view on the content of the conflict and possible ways of settling He shall designate the Judge-Rapporteur. (2) On the date of receipt of the last point of view, but no later than 20 days after receipt of the request, the President of the Constitutional Court sets the deadline for the court hearing and quotes the parties involved in the conflict The debate will take place on the date set by the President of the Constitutional Court even if any of the public authorities involved do not meet the deadline set for the presentation ((3) The debate shall take place on the basis of the report presented by the Judge-Rapporteur, of the application for referral, of the points of view presented according to ((1), the evidence administered and the parties ' endorsements. + Article 36 The decision to settle the legal conflict of a constitutional nature is final and shall be communicated to the author of the complaint, as well as to the conflicting parties, before its publication in the Official Gazette of Romania, Part I. 8. Compliance with the procedure for the election of President + Article 37 (1) The Constitutional Court shall observe the procedure for the election of the President of Romania and confirm the results of the (2) The result of the elections for the office of President of Romania is validated by the Constitutional Court + Article 38 Appeals regarding the registration or non-registration of the candidacy for President of Romania, as well as those regarding the prevention of a political party or party or a candidate to conduct their electoral campaign under the law shall be settled by the Constitutional Court, with the vote of the majority of judges, within the deadlines provided by the law for the election 9. Judgment of appeals having as object the constitutionality of a political party + Article 39 (1) The Constitutional Court decides on appeals that have as its object the constitutionality of a political party. (2) The contestation on the constitutionality of a political party may be formulated by the chairman of one of the Chambers of Parliament or Government. The President of the House may appeal only on the basis of a decision adopted by the House with the vote of the majority ((3) The appeal must be reasoned and accompanied by the evidence on which it is based. + Article 40 (1) In order to resolve the appeal, the President of the Constitutional Court will designate the Judge-Rapporteur, who is obliged to communicate it, together with the supporting documents, to the political party to which the appeal refers, stating the date by which may file a defence memo, accompanied by the appropriate evidence. (2) The appeal shall be judged, on the basis of the report presented by the judge designated for this purpose and the evidence administered, with the citation of the objector, of the political party whose constitutionality is contested and of the Public Ministry. (3) The Chamber of Parliament that filed the appeal may be represented by the person designated by it, and the Government, by the Ministry of Justice. The political party can also be represented by lawyer with the right to plead before 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 the cases provided by art. 40 40 para. (2) of the Constitution, republished. (2) The decision to admit the appeal shall be communicated to the Bucharest Court for the deletion of the unconstitutional political party from the Register of Political Parties. 10. Issuing the opinion for the suspension of the President of Romania + Article 42 (1) The Constitutional Court gives an advisory opinion for the proposal to suspend the President of Romania. (2) The proposal for suspension of office of the President of Romania together with the evidence on which it is based shall be sent to the Constitutional Court, by the President who led the joint sitting of the two Chambers. (3) The President of the Constitutional Court, receiving the request, will appoint the Judge-Rapporteur. + Article 43 (1) The opinion on the suspension of office of the President of Romania shall be issued by the Constitutional Court following the debate of the proposal for suspension and the evidence presented. (2) The President of Romania shall be aware of the date fixed for the debate and may explain the facts that are imputed to him. (3) The opinion of the Constitutional Court shall be communicated to the presidents of the two Chambers of the Parliament and 11. Finding the existence of circumstances justifying the interim in the exercise of the office of President of Romania + Article 44 (1) The Constitutional Court finds the existence of the circumstances that justify the interim in the exercise of the office of President of Romania and communicate those found to the Parliament and the (2) The vacancy of the office of President of Romania shall be found at the request of the President of one of the Chambers of the Parliament or of the interim president who exercises the duties of the President of Romania (3) If the President of Romania has been suspended from office, the request for finding the existence of the circumstances justifying the interim shall be made by the President who led the proceedings of the joint sitting of the two Houses of Parliament, based on the decision adopted at the joint meeting (4) If the interim office of the President of Romania is due to the temporary impossibility to perform his duties, the request shall be made by the President of Romania or by the President of one of the Houses of Parliament. + Article 45 The request for finding the existence of the circumstances justifying the interim office of the President of Romania will be accompanied by the necessary evidence, and the finding of these circumstances is made by the Constitutional Court, with the majority vote judges. 12. Exercise of the tasks regarding the organization and conduct of the referendum and the confirmation of + Article 46 (1) The Constitutional Court shall observe the procedure for the organization and conduct of the referendum and shall confirm its results. (2) In order to carry out the provisions of par. (1), the Constitutional Court may request information from the public authorities. (3) The Central Electoral Bureau is obliged to present, at the request of the Constitutional Court, information on the phases and operations of the referendum. + Article 47 (1) The plenary of the Constitutional Court decides by a two-thirds majority on the validity of the referendum. (2) The Constitutional Court's ruling determines whether the procedure for the organization and conduct of the referendum was observed and confirms its results (3) Before the publication in the Official Gazette of Romania, Part I, the Constitutional Court's decision is presented to the Chamber of Deputies and the Senate, meeting in the joint 13. Verification of the conditions for the exercise of legislative initiative by citizens + Article 48 The Constitutional Court, ex officio or on the basis of the complaint of the Speaker of the Parliament to which the citizens ' legislative initiative was registered, shall rule on a) the constitutional nature of the legislative proposal subject to the citizens ' initiative b) the fulfilment of the conditions regarding the publication of this proposal and whether the lists of supporters are attested by the mayors of the administrative-territorial units or by their respective powers; c) meeting the minimum number of supporters to promote the initiative, provided in art. 74 74 para. ((1) or, as the case may be, art. 150 150 para. (1) of the Constitution, republished, as well as on the respect of territorial dispersion in counties and in Bucharest, provided by the same articles. + Article 49 Upon receipt of the complaint, the President of the Constitutional Court shall appoint the Judge-Rapporteur and shall set the time limit for the meeting of the Judges, + Chapter IV Plenary of the Constitutional Court + Article 50 The plenum of the Constitutional Court, made up of the judges of the Court, performs its duties, provided by the Constitution The plenary may take any action necessary for the smooth conduct of the Court's work. + Article 51 (1) The Constitutional Court works legally in the presence of two thirds of the number of judges The plenum decides with the vote of the majority of the judges of the Court, unless otherwise provided ((2) The solutions adopted by the Constitutional Court in the exercise of judicial powers shall be entered in the condica of the court hearings, and in administrative matters shall be recorded, for each sitting, in a minutes on the basis of which a decision is issued, signed by the President of the Court and countersigned by the Secretary-General. (3) For the exercise of powers other than judicial powers, the Plenum shall be convened by the President of the Constitutional Court, on his own initiative or at the written request of a The convocation is made with the announcement of the agenda, which is adopted in plenary, at the beginning of the meeting. + Chapter V Procedural rules specific to the Constitutional Court + Article 52 (1) All judges of the Constitutional Court shall participate in the meetings of the Plenum, apart from situations in which some are justifiably absent. (2) The meetings are chaired by the President of the Constitutional Court. In the absence of the President of the Court, the meetings shall be chaired by a judge appointed The assistant magistrate assigned to the judge-rapporteur shall participate in the meetings, and in the cases provided by law, the representative of the Public Ministry and other persons or authorities, notified for this purpose. (3) The debates take place with the participation only of the judges of the Constitutional Court, on the basis of the complaint and the other documents on file and, except in the cases provided in art. 146 lit. d), e) and k) of the Constitution, republished, without notice to the parties. The President of the Court may invite persons deemed necessary for relations. + Article 53 (1) Public access is limited to the number of seats in the meeting room. The Secretary-General will take measures to ensure public access to the meeting room. (2) In order to ensure the solemnity of the hearing, the use in the meeting room of the devices allowing the recording, fixing or transmitting the word or image is admitted only before the beginning of the debates and with the prior authorization of the Constitutional Court (3) It is forbidden to make propaganda in the meeting room of any kind, by word of mouth or by posters, placards or other materials of this kind, under penalty of eviction from the room and referral of police bodies, if the President of the Court Constitutional appreciates that the act is serious. (4) Provisions art. 122 and 123 of the Code of Civil Procedure are applicable. (5) The conexation of files pending before the Constitutional Court is ordered when the object of the exception is identical. + Article 54 During public meetings, judges, assistant magistrates, prosecutors and lawyers wear the robe. + Article 55 The Constitutional Court, legally seised, proceeds to review the constitutionality, not applicable to the provisions of the Code of Civil Procedure relating to the suspension, interruption or quenching of the process, nor those relating to the judges. + Article 56 During the public meeting, the assistant magistrate will record in the register of notes, numbered and sealed, the number of the file, the oral submissions of the parties and the prosecutor, the measures ordered by the Constitutional Court, as well as all other aspects resulting from the debates. On its basis, the assistant magistrate will draw up the debate. The note book shall be kept in the Court's archive for 5 years from the date of the last written notes. + Article 57 If the Constitutional Court remains in the pronouncement, the President shall announce the day fixed for it. The postponement of the ruling will not, as a rule, exceed 30 days. The meeting will pass at the time of delivery and the deadline for the debates. + Article 58 (1) Deliberation is made in secret and only the judges who participated in the debates will be present at it. The assistant magistrate who prepared the debates and participated in them can be consulted. (2) The Judge-Rapporteur shall vote the first, the youngest judge, the second, then the other judges and, at the end, the President of the Constitutional Court. (3) If a judge asks to interrupt the deliberation for a better study of the issues forming the object of the debate and the President of the Constitutional Court or at least one third of the number of judges of the Plenum consider the justified application will be postponed to another date, taking into account the urgency of the case. (4) If in the course of deliberation there is a need to clarify some aspects, the President of the Constitutional Court may order the reopening of the debates, taking the necessary procedural measures + Article 59 (1) The result of the deliberation shall be entered in a minute, which shall be signed by the judges who attended the meeting and the assistant magistrate. (2) The assistant-magistrate shall immediately record the data solutions, which shall be signed by the judges. (3) The judge who voted against may make a separate opinion. The reasoning of the decision may be the competition opinion. Separate opinion and, as the case may be, the competition is published in the Official Gazette of Romania, Part I, together with the decision. + Article 60 ((. Decisions, decisions and opinions shall be drawn up in writing by the assistant magistrate who participated in the debates, under the direction of the Judge-Rapporteur. The term of writing shall be no more than 30 days after delivery. (2) Decisions, decisions and opinions shall be certified by the President of the Constitutional Court and the assistant magistrate who participated in the debates. They receive number in the order of their registration in the meeting condica, separately for decisions, decisions and opinions. (3) The Constitutional Court publishes the collections of decisions and decisions and organizes the systematization of its jurisprudence. + Chapter VI Status of Constitutional Court Judges + Article 61 (1) The judges of the Constitutional Court are independent in the exercise of their duties and are inamovible during the term (2) The judges of the Constitutional Court cannot be held legally responsible for the opinions and votes cast upon the adoption of the solutions. (3) Judges of the Constitutional Court must have superior legal training, high professional competence and at least 18 years of age in legal activity or higher legal education. (4) The position of judge is incompatible with any other public or private function, except for teaching positions in higher legal education. + Article 62 The appointment of judges, under the conditions of this law, can be done only with the prior written consent of the candidate. If the candidate occupies an office incompatible with that of a Constitutional Court judge or is part of a political party, the agreement must include the candidate's commitment to resign, at the date of appointment, from that office or of the political party of which it is. + Article 63 (1) The judges of the Constitutional Court shall submit, before the President of Romania and the Presidents of the two Houses of Parliament, the following oath: " I swear to respect and defend the Constitution, fulfilling in good faith and without bias the obligations of judge of the Constitutional Court. So help me God! " ((2) The oath shall be filed individually. The judges of the Court will exercise their function as of the date of the + Article 64 Judges of the Constitutional Court shall: a) to perform his function entrusted with impartiality and in respect of the Constitution; b) to keep the secret of deliberations and votes and not to take a public position or to give consultations in matters of competence of the Constitutional Court; c) in adopting the acts of the Constitutional Court to express its affirmative or negative vote, abstaining from voting not being allowed; d) to communicate to the President of the Constitutional Court any activity that could attract incompatibility with the mandate he exercises; e) not to allow the use of the function they perform for commercial advertising or propaganda of any kind; f) to refrain from any activity or manifestations contrary to the independence and dignity of their office. + Article 65 The establishment of disciplinary violations of judges, sanctions and their way of application is the exclusive competence of the Plenum of the Constitutional Court. + Article 66 (1) Judges of the Constitutional Court may not be arrested or sent to criminal proceedings except with the approval of the Permanent Bureau of the Chamber of Deputies, the Senate or the President of Romania, as the case may be, at the request of in addition to the High Court of Cassation and Justice. (2) The jurisdiction for the crimes committed by the judges of the Constitutional Court belongs to the High Court of Cassation and Justice. (3) From the date of the prosecution, the judge of the Constitutional Court is suspended by law from his office. In case of final conviction, he is excluded by law, and in case of acquittal, the suspension ceases. + Article 67 (1) The mandate of judge of the Constitutional Court shall cease: a) on the expiry of the term for which he was appointed or in case of resignation, of loss of electoral rights, of exclusion of right or of death; b) in situations of incompatibility or impossibility of exercising the office of judge for more than 6 months; c) in case of violation of the provisions of art. 16 16 para. ((3) or of art. 40 40 para. (3) of the Constitution, republished, or for serious violation of the obligations provided in art. 64. (2) Finding the termination of the mandate, according to par. ((1) lit. a), is made by the President of the Constitutional Court, and in the other cases, the termination of the mandate shall be decided in plenary, with the vote of the majority + Article 68 (1) 3 months before the expiry of the term of office of each judge, the President of the Court shall notify the Speaker of the House of Parliament who appointed the judge or, as the case may be, the President of Romania, asking him to appoint another in his the appointment must be made at least one month before the end of the term of the predecessor. (2) If the mandate has ceased before the expiry of the duration for which the judge has been appointed, and the remaining period exceeds 6 months, the president will refer the matter to the public authority provided in par. ((1), no later than 3 days after the date of termination of the mandate, in order to appoint a new judge. The term of office of the Judge thus appointed shall cease to expire on the expiry of the term of office (3) If the period for which the new judge was appointed, according to par. (2), it is less than 3 years, it will be able to be appointed, upon the renewal of the Constitutional Court, for a full term of 9 years. + Article 69 (1) After the termination of the mandate as a result of the expiry of the period for which he was granted, the judge has the right to return to the post previously occupied, if his appointment to the Constitutional Court was made subject to his reservation. (2) If the judge occupies a post of magistrate, the reservation of the post is mandatory. (3) In the period as long as it is reserved, the post provided in ((1) and (2) may only be occupied by fixed-term employment contract. + Article 70 Judges who do not have their domicile in Bucharest benefit from free accommodation, weekly transport to and from the locality of residence, as well as daily allowance for the days in which they participate in the works of the Constitutional Court, under the conditions provided by law for deputies and senators. + Article 71 (1) Upon termination of the mandate, following the expiry of its term or the impossibility of its exercise for health reasons, the judges of the Constitutional Court shall benefit from an amount equal to the net allowance for 6 months of activity. (2) Judges of the Constitutional Court, at the time of retirement or recalculation of previously established pensions, benefit from service pension equal to 80% of their monthly gross allowance. The pension thus established is updated in relation to the indemnity of the Constitutional Court judges and is taxed according to the law (3) The judges of the Constitutional Court are entitled to a diplomatic passport under the law. + Chapter VII Constitutional Court Staff + Article 72 (1) The staff of the Constitutional Court shall be composed of the staff of the assistants and the staff of the General Secretariat, which shall be headed by a Secretary-General (2) The Secretary-General shall be assimilated to the magistrates, duly benefiting from their rights. The period of fulfilment of the position of general secretary of the Constitutional Court constitutes seniority in the magistr (3) The Secretary-General is authorising officer, under the conditions of art. 9 9 para. ((2). + Article 73 The status of the Constitutional Court staff is regulated by special law + Chapter VIII Transitional and final provisions + Article 74 (1) The Constitutional Court has its own budget, which is an integral part of the state budget. (2) The draft budget shall be approved by the Plenum of the Constitutional Court and shall be submitted to the Government to be included distinctly in the draft state budget subject to law + Article 75 (1) The first Constitutional Court shall be constituted no later than 10 days from the date of publication of this law in the Official Gazette of Romania *). _________ * *) Law no. 47/1992 on the organization and functioning of the Constitutional Court was published in the Official Gazette of Romania, Part I, no. 101 101 of 22 May 1992. (2) For this purpose, each Chamber of Parliament shall appoint 3 judges, for a period of 3, 6 and 9 years, in compliance with the provisions of art. 5 5 para. ((4). Judges will be appointed in the order of the number of votes cast for each candidate. The President of Romania also appoints 3 judges for the same periods. (3) Within 3 days after the establishment, the Court shall elect its chairman, and within 10 days shall adopt the regulation * *) of organization and operation. __________ ** **) See Decision of the Constitutional Court Plenum 2/2005 for the adoption of the Constitutional Court's Rules of Organization and Functioning, published in the Official Gazette of Romania, Part I, no. 116 of 4 February 2005, with subsequent amendments and completions. + Article 76 Public authorities, institutions, autonomous regions, companies and any other organizations are obliged to communicate the information, documents and documents they hold, required by the Constitutional Court for the realization of its duties. + Article 77 For the year 1992, the amounts necessary for the functioning of the Constitutional Court shall be provided by the Government, from the budgetary reserve ____________