Stabilirea domeniului rezervat legii organice în lumina Deciziei Curții Constituționale nr. 678 din 29 septembrie 2020
Establishing the domain of the organic law in the context of the Decision no. 678 of 29 September 2020 issued by the Constitutional Court

Summary/Abstract: The Romanian Constitution explicitly regulates the domain of the organic law; thus, the aspects which shall be regulated by the organic law shall be identified by a restrictive interpretation of the constitutional provisions. This approach for establishing both the domain of the organic law and its limits has been confirmed by many authors and constantly applied by the Constitutional Court. The Decision No. 678 of 29 September 2020 issued by the Constitutional Court requires that the law by which the Parliament establishes the date of elections after the expiration of the 4-year term be an organic law. This article briefly analyses the case law of the Constitutional Court, by underlining both the fact that the Decision No. 678 of 29 September 2020 departs from the previous case law, and the unconvincing character of the arguments supporting the idea that Article 63 para. (4) of the Constitution "implicitly" establishes a category of laws that are part of the domain of the organic law.

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