Short Considerations regarding the Application and the Effects of Art. 147 of the Constitution

S.G. Barbu; A.M. Ciobanu; L.G. Nitoiu

Authors

S.G. Barbu Transilvania University of Brasov, Romania
A.M. Ciobanu Government of Romania, Bucharest, Romania
L.G. Nitoiu University of Bucharest, Romania

Keywords:

Constitution, Constitutional Court (CCR), Ombudsman, principle of symmetry, ordinary rules, special derogatory rules

Abstract

The interpretation of Article 147 paragraph 1 of the Constitution holds some nuances which are revealed within some of the earlier decisions of the Constitutional Court, although in Decision no. 64/February 9, 2017, they seem to not be taken into consideration in the same manner, respectively in the sense that under the aforementioned Article 147 paragraph 1, the Government can adjust for the criticism of unconstitutionality made by the Court only if its provisions demand it, while laws declared unconstitutional in whole or in part, especially in the a priori control, can be brought on the same line with the Constitution only by law as a legal act of the Parliament.