$Unique_ID{bob00472}
$Pretitle{}
$Title{Romania
Title IV: Constitutional Council}
$Subtitle{}
$Author{Romanian Embassy, Washington DC}
$Affiliation{Romanian Embassy, Washington DC}
$Subject{constitutional
council
president
members
romania

}
$Date{1990}
$Log{}
Title:       Romania
Book:        Theses For the Draft Constitution of Romania
Author:      Romanian Embassy, Washington DC
Affiliation: Romanian Embassy, Washington DC
Date:        1990

Title IV: Constitutional Council

     1. The Constitutional Council consists of nine members, designated for a
term of office of nine years that cannot be renewed. Three members shall be
appointed by the Assembly of Deputies, other three by the Senate, and three by
the President of Romania.

     The members of the Constitutional Council shall elect their President for
a 3 years' term, who shall cast his vote if the votes are equally divided.

     2. The members of the Constitutional Council shall be appointed from
among the jurists of high professional competence and at least 15 years'
experience in the exercise of their profession or as University professors.

     3. The Constitutional Council shall renew one third of its composition
every three years, in accordance with the provisions of the law.

     4. The membership in the Constitutional Council is incompatible with the
office of a member of Parliament, Minister, magistrate, civil servant, member
of a political party or leadership of a trade union. Other incompatibilities
shall be established by an organic law with regard to the organization and
functioning of the Constitutional Council.

     5. Members of the Constitutional Council shall be independent and
irremovable during their term of office.

     6. The Constitutional Council shall have the following main
prerogatives:

     a) to make pronouncements, ex officio or on notification upon the
constitutionality of the laws and ordinances issued by the Government on the
ground of legislative delegation.

     The notification to the Constitutional Council shall be made by the
President of Romania, by the President of each House of the Parliament, by
the Government, the Supreme Court of Justice, one or several Parliamentary
Groups, a number of at least 50 Deputies or 25 Senators.

     The decision of the Constitutional Council shall be communicated to the
body that has issued the act. It shall be compulsory and final.

     b) to make pronouncements, ex officio and obligatorily, upon the
constitutionality of organic laws, before the promulgation thereof. The
decision of the Constitutional Council shall be compulsory and final;

     c) to make pronouncements, ex officio and obligatorily, upon the
constitutionality of the rules of procedure of the Parliament Houses.
The decision of the Constitutional Council shall be compulsory and final;

     d) to watch over the observance of the procedure for the election of the
President of Romania and to confirm the results of the elections;

     e) to confirm the circumstances to justify the ad-interim exercise of
the Presidency of Romania by the President of the Senate;

     f) to watch over the observance of the procedure for the organization
and holding of a referendum, and to finelly confirm the results thereof;

     g) to decide, in the case of any contest, on the election of Deputies
and Senators;

     h) to decide on contests as to the unconstitutionality of a political
party;

     i) to decide on the matter of a competence conflict between central
authorities, or between them and local authorities;

     j) to perform any other duties provided for in the Constitution or
the organic laws.