Grațierea individuală a persoanelor fizice: considerații asupra prerogativei Preşedintelui României, prevăzută la art. 94 lit. d) din Constituția României, republicată
Individual reprieve of physicals persons: considerations onthe prerogative of the President of Romania, referred to art. 94, lit. d) of the Romanian Constitution

Summary/Abstract: After 1991, the use of the individual pardon prerogative by the Romanian President generated controversies between the constitutional law scholars, as also within the civil society, mainly due to the fact that the respective prerogative did not look like being influenced by other specific conditions within the Constitution or the Law no. 546/2002 regarding the pardon and pardon granting procedure, especially in regard to the discretionary power of the President. However, one should note that the presidential decrees providing for personal pardons has to be countersigned by the primeminister, thus generating debates about the nature of these judicial acts. Some scholars and court laws considered them as being “acts in relation to the Parliament”, which, according to art. 126 (6) from the Constitution, are exempted from a judicial review concerning their legality within the administrative courts. Beyond the theoretical approach, including the Constitutional Court`s jurisprudence in the matter, this article also aims at analyzing more practical issues, especially regarding the interpretation and exercise of the substance provisions and formal procedures regulated by the special law (such as the content of the individual pardon claim, the style of drafting the individual pardon decree etc.).

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