Condiţia de procedibilitate instituită prin art. 109 alin. (2) din Constituţie
The condition of the starting of the forensic procedure instituted through the art. 109 paragraph (2) from the Constitution

Summary/Abstract: The established procedibility condition is fulfilled only by cumulated requests of all three institutions, by direct appliance of art.109 line (2) from Constitution (cumulative requests thesis); a specific version of this interpretation is that, meaning, for the members of the Government that have also the quality of deputies or senators, is necessary, beside the request made by the President, also the penal pursuit request adopted by the Deputies’ Chamber, respective by the Senate (so, two institutions from three, by applying art.16 line (7) from Law no.115/1999). The alternative requests thesis, in accordance to which one request, made by any of the three institutions enumerated in art.109 line (2) from Constitution, gratifies (answers) the established procedibility condition.”

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