Comments on Decision no. 727 of 9th July 2012 of the Constitutional Court of Romania

• Main Author: Claudia GILIA
• Format: Article
• Language: English
• Published: Danubius University 2012-11-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: rule of Law; Constitutional Court; constitutional review; decisions; Parliament
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/view/1508/1568

The contencious constitutional bodies are required tools for a genuine rule of law in any democracy. In our scientific study we shall analyze the Constitutional Court’s Decision no. 727 of 9 July 2012 on the constitutional review of the Chamber of Deputies, of the Senate and of the joint Chambers of Parliament Regulations. The aim of our research was to highlight the Constitutional Court’s role to warrant the supremacy of the Constitution. We have analyzed the extent of the Romanian Constitutional Court’s area of competences since its inception until now, and we have also analyzed in detail Decision no. 727/2012. The comments we have passed are, to the utmost extent, critical concerning the Decision made by the constitutional judges, our arguments being grounded on both previous decisions of the Court, as well as on doctrine and comparative law. Throughout the study we have put forth a number of solutions that can improve the role of the Romanian Constitutional Court in its efforts to enhance the rule of law.