L’inconstitutionnalité de l’objection d’inconstitutionnalité
The unconstitutionality of the objection of unconstitutionality

Summary/Abstract: In the initial form of the 1991 Constitution of Romania, the “objection of unconstitutionality” was an established legal institution, which did not refer to a procedure for referring a matter to the Constitutional Court, but rather to a finding of unconstitutionality of a law prior to its promulgation, made by the Constitutional Court and contained in its decision of unconstitutionality, which could be overruled by Parliament by a qualified majority. The relationship between Parliament and the Constitutional Court in the procedure for reviewing the constitutionality of laws prior to promulgation was radically changed by the 2003 constitutional revision law, as Parliament no longer has the possibility of setting aside the Constitutional Court's finding of unconstitutionality, and the legal institution of “objection of unconstitutionality” has therefore been abolished. The Constitutional Court's regular use of the term “objection of unconstitutionality” to refer to a method of referring a matter to the constitutional judge is unconstitutional, both in relation to the content of this legal institution when it existed and in relation to the repeal of the legal rule on the matter and the current legal non-existence of this institution.

• Details
• Contents