Existã un garant al suprematiei constitutiei române?
Is there a guarantor of the constitution in romania?

Summary/Abstract: Romanian state practice of the last years constantly makes use of the Constitution, and public authorities, through their decisions, seem to give expression to different attitudes regarding the place and the role that the Constitution enjoys within Romanian legal system and particularly with regard to the legal effect of constitutional norms. Such attitudes, some at odds with legal scholarship and constitutional traditions, are frequent in the area of lawmaking. This is the reason why a certainly critical, but not aggressive or political, examination proves to be necessary. This examination will be materialized with the journey undertaken by the Law on the unitary system of pensions since its adoption and until is promulgation and official publication. Within this process of elaboration the abovementioned law has undertaken a difficult course, which involved the two houses of Parliament and the President of Romania, in other words the representative authorities through which the Romanian people exercises its sovereignty according to art. 2 par. 1 of the Constitution, as well as the Constitutional Court. While following the process of elaboration of this law, this paper is an attempt to identify the preoccupation of these representative authorities for the practical and effective implementation of the provision in art. 1 par. 5 of the Constitution according to which „In Romania, the observance of the Constitution, its supremacy and that of laws shall be mandatory”.

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