CURTEA CONSTITUŢIONALĂ A ROMÂNIEI - EVOLUŢIA, CARACTERISTICILE ŞI MODUL DE FUNCŢIONARE A ACESTEIA. ANALIZA CÂTORVA ASPECTE CONTROVERSATE ILUSTRATE PRIN CONSIDERENTELE DECIZIEI CURŢII CONSTITUŢIONALE NR. 152 DIN 06 MAI 2020
THE CONSTITUTIONAL COURT OF ROMANIA - EVOLUTION, CHARACTERISTICS AND FUNCTIONING. THE ANALYSIS OF SOME CONTROVERSIAL ASPECTS ILLUSTRATED BY THE REASONING OF THE CONSTITUTIONAL COURT’S DECISION NO. 152 FROM THE 6TH OF MAY 2020

Summary/Abstract: Starting with the second half of the twentieth century, specialized courts were set up to have the last word on the constitutionality of legal provisions. Of course, people's access to constitutional justice is done in a different way, from one state to another. The only constitutional court in our country plays a particularly important role, being the guardian of compliance of normative acts, which are in force or which are about to become part of the legislative system, with the provisions and principles of the fundamental law. Through an examination of its complex nature, regarding the jurisdictional thesis, we observe a series of fundamental aspects, which prove the character of a jurisdictional authority, but also a mixture of political and legal features. As a "guarantor of the Constitution", the Court could not be subordinated to the legislative, executive or judicial power. With the exponents of the latter, it establishes collaborative relationships in the exercise of its attributions. It was decided for a number of nine judges that make up the Constitutional Court, as it was considered that this number is an optimal one for a functioning collegiate body, in conditions of maximum efficiency and speed. The provisions concerning the organization and functioning of the Court, which are found exclusively in Law no. 47/1992, and not in the constitutional texts, can be amended or even supplemented by an equivalent law as a legal force, ie also an organic law, which must be adopted by the Parliament. The organization and functioning of the Constitutional Court are regulated by legal norms, both by the Supreme Law of the country and by lower normative acts, such as the organic law no. 47/1992 and the regulation that completes it. The attributions of the constitutional court are numerous, as they are regulated by the provisions of art. 146 of the Fundamental Law, but its main importance in a democratic society is reflected in the content of the pronounced decisions. Considering the current socio-political context, we will analize some of the considerations of Decision no. 152 from the 6th of May 2020 of the Constitutional Court, referring in particular to the principle of legality, proportionality and the quality of the judicial provisions.

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