LA JURISPRUDENCE DE LA COUR CONSTITUTIONNELLE DE LA ROUMANIE ET LA DIVERSITE DES POSITIONS PRISES PAR LES SPECIALISTES EN DROIT A L’EGARD DE CERTAINES SOLUTIONS ADOPTEES[1]

Genoveva Vrabie[2]

Abstract

 p. 25-38

In Romania, issues such as the civil procedure code or the constitutionality of a government request for a vote of confidence have generated fruitful debates on the jurisprudence of the Constitutional Court. In this respect, the author argues that its decisions can reflect an indirect dialogue between the position of the court and its previous doctrine. The attitude of the Court on the constitutionality of art. 329 of the Civil Procedure Code converges with the opinions of several major specialists in the field, as well as with its own jurisprudence. However, in other cases the Court departed from its earlier jurisprudence, and such transgressions of its own doctrine might suggest political interests were involved. A relevant example in this sense was the situation created in the autumn of 2010, when the Court issued two contradictory rulings in less than one month over the government controversial decision to engage its responsibility on – and force the adoption without amendments of – the draft law concerning national education, which had already been forwarded to the legislature according to the normal procedure.

Title: The Jurisprudence of the Romanian Constitutional Court: A Diversity of Positions Adopted by Legal Scholars towards Certain Solutions Reached by the Constitutional Court

Keywords: Constitutional court, constitutional law, Romanian government, Romanian legal system, constitutional review

[1] Paper presented at the 3rd International Constitutional Colloquium, organized by the Constitutional Court of Andorra (3-4 December 2011)

[2] Genoveva Vrabie, Ph.D., is Professor and President of “Mihail Kogălniceanu” University, Iaşi, Romania; contact: genoveva.vrabie.at.umk.ro

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