Cu privire la decizia Curţii Constituţionale nr.61 din 18 ianuarie 2007
On the Decision of the Constitutional Court no. 61 of 18 January 2007

Summary/Abstract: In its Decision no. 61 of 2007, the Constitutional Court resolved that the provisions of Art. 2(1) and 2(3) of Law no. 249/2006 are unconstitutional. The paper shows that the provisions in question are indeed contrary to the Constitution, but also that the arguments advanced by the Court are marred by a number of issues: (1) the Constitutional Court decided on matters with respect to which it has no jurisdiction; (2) the Court failed to take into account subtler aspects of the principle of the non-retroactivity of the law, failed to distinguish it from immediately applicable retrospective laws, and failed to anticipate the consequences in the Romanian electoral system of party-list voting; (3) the Court was wrong in assessing the limits of its jurisdiction, and indeed transgressed them in deciding on the law’s failure to comply with Art. 78 on the coming into force of the laws; (4) in evaluating the quality of the law under the normative exigencies imposed by the principle of the rule of law, the Court relied solely on the jurisprudence of the ECHR, despite also having at its disposal Art. 1(3) of the Romanian Constitution, which specifically mandates the conditions of clarity, precision, definiteness and predictability

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