Control of Constitutionality and Democracy

Flashcards about Control of Constitutionality and Democracy, referendum, popular initiatives, political parties, and legal conflicts of a constitutional nature.

Arbitration between public powers

The power to resolve conflicts of competence between public authorities, aiming to maintain peace by addressing disputes arising from the exercise of powers defined by the Constitution.

Expanded powers of the Constitutional Court

The authority granted to the Constitutional Court in 2003 to resolve 'legal conflicts of a constitutional nature,' in addition to controlling the constitutionality of laws and government ordinances.

Democratic checks by the Constitutional Court since 1991

The Constitutional Court ensures the procedure for organizing and conducting the referendum is respected, confirm vote outcomes, and verify conditions for exercising citizens' legislative initiatives.

Control over political parties

The Constitutional Court task of resolving challenges to the constitutionality of a political party.

Political parties

An important link between voters and the Parliament and Government, requiring minimal state influence for the full manifestation of civil liberties.

Referendum Procedure

The process is outlined in Law no. 3/2000, detailing the Constitutional Court's role, including receiving centralized results from the Central Electoral Bureau, and presenting a report to Parliament on the referendum's procedure and results.

Constitutional Court's role in referendum integrity

The Constitutional Court ensures procedure is respected, addresses challenges with a constitutional basis, and can self-refer when rules are not followed.

Citizens' legislative initiative

A form of direct, participative democracy that requires a legal framework to be effectively utilized. It is not a spontaneous action but needs a normative form and predefined legal procedures.

Requirements for citizens' legislative initiative

Requires the support of at least 100,000 citizens from at least a quarter of the country's counties, with a minimum number of signatures in each county. Fiscal matters, international issues, amnesty, and pardon cannot be subject to citizen initiatives.

Delayed implementation of citizens' legislative initiative

The Romanian legislator delayed the implementation until 1999, despite prior initiatives. The Constitutional Court checks compliance with constitutional criteria, even before the relevant law was adopted.

Requirements of Law no.189/1999

Concerns the lists of supporting citizens, which must include certain identification data, verification by the mayor, etc. The Constitutional Court analyzes these aspects and issues a decision, after which the proposal is sent to Parliament.

Control of the Constitutional Court

This control ensures that any citizen legislative initiative includes not only procedural conditions regarding the representativeness of the respective legislative proposal but also a control over its normative content.

Who can challenge the constitutionality of a political party?

Are restricted to the President of either Chamber of Parliament or the Government. The challenge must be based on a decision adopted by the respective Chamber, with a majority vote of its members and substantiated with evidence.

Grounds for declaring a political party unconstitutional

Parties or organizations that, through their aims or activities, work against political pluralism, the principles of the rule of law, or the sovereignty, integrity, or independence of Romania are unconstitutional.

Categories of subjects of law

Exercising the right to bring a conflict to the Court does not automatically confer the procedural status of a party to the conflict, while the second category acquires the procedural status of a party to the conflict.

Public authorities involved in constitutional conflicts

Public authorities included those in Title III of the Constitution: Parliament, the President, the Government, central and local public administration bodies, the Prime Minister, the Minister of Justice, and bodies of judicial authority.

Legal conflicts of a constitutional nature

Involve concrete acts or actions by which an authority or several authorities assume powers, duties, or competencies that, according to the Constitution, belong to other public authorities.