The place and role of the constitutional court in the system of public authority
The place and role of the constitutional court in the system of public authoritye

Summary/Abstract: The Constitutional Court was created by the Constitution of Romania of 1991, taking almost exactly the provisions of the Constitution of France. By the revision of the Constitution, there have been granted broad powers to the Constitutional Court which, in practice, make it the leading public authority in Romania. Thus, when a law is challenged in the Constitutional Court for unconstitutionality, in this case the Parliament ceases to be the sole legislative authority, the legislative authority becoming the Constitutional Court, because the Parliament is bound to adopt the law according to the decision of the Court. Constitutional Court decisions being generally binding, become binding for the Parliament too. Although the principle that “nobody is above the law” is established in the Constitution, the Constitutional Court, through its decisions, canceling the law, can be believed to be above it. Since the Constitutional Court decisions cannot be controlled by any other public authority, the Constitutional Court judges can violate the Constitution; no one can check if a decision of the Court shall comply with the fundamental law.

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