Constitutional Court Calls Parliament’s Attention Over Constitutional Matters

The Romanian Constitutional Court called to the Parliament’s attention the fact that it failed to correlate dispositions of a law that were declared as unconstitutional with the Court’s decision as well as the stipulations of the constitution.

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The court pointed out that the rulings of the Constitutional Court are compulsory, obligation stipulated in article 147 of Romania’s Constitution, revised in 2003.

The Court said that the Parliament constantly failed to observe the constitutional obligation of correlating the dispositions of a law declared as unconstitutional with the decision of the Court.

It gave as example the dispositions of article II, sections 1 and 3 from Law no. 249/2006 amending Law no. 393/2004 regarding the statute of local officials, that have not been reexamined by the Parliament yet, although the Decision in this respect was published in the Official Gazette more than a year ago, on January 18, 2007.

However, the vice-president of the Chamber of Deputies, Ioan Oltean, said the obligation to correlate the legislation, after certain article or acts were declared as unconstitutional by the Constitutional Court, enters into the Government’s competence.

Oltean said that the Parliament has to correlate and take into account the Court’s rulings only in respect to normative acts that were not promulgated and that are not laws.

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