A brief comment on Decision no. 681/2018 (A) of the Constitutional Court of Romania regarding the Law for the approval of the Administrative Code of Romania Cover Image
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Succint comentariu al Deciziei nr. 681/2018 (A) referitoare la obiecția de neconstituționalitate privind Legea de aprobare a Codului administrativ al României
A brief comment on Decision no. 681/2018 (A) of the Constitutional Court of Romania regarding the Law for the approval of the Administrative Code of Romania

Author(s): Verginia Vedinaș, Narcis Godeanu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: C.H. Beck Publishing House - Romania
Keywords: Administrative Code; intrinsic constitutionality; extrinsic constitutionality; bicameralism; decisional Chamber; reflection Chamber;

Summary/Abstract: e study contains, as the title suggests, a brief comment on Decision no. 681/2018 (A) of the Constitutional Court of Romania, by which the exception of the unconstitutionality of the Law for the approval of the Administrative Code of Romania was allowed. Although the objection of unconstitutionality was aimed at criticism of both extrinsic and intrinsic unconstitutionality, the constitutional court, in accepting the exception, only considered the first category and declared the law unconstitutional as a whole. We have presented each of the reasons given by the Constitutional Court, expressing our point of view on them, including from a critical perspective. At the end of the paper, we expressed our opinion on what it is to be done in the future. That is all the more so since, in the contested decision, the provisions of Article 147 (2) according to which the Parliament or the Government have the obligation to align the normative act with the Court's decision are not applicable, the legislative process ceases and a new legislative process is needed, at the initiative of the Government or Parliament, taking into account the considerations of the decision.

  • Issue Year: 2019
  • Issue No: 03
  • Page Range: 154-158
  • Page Count: 5
  • Language: Romanian