Part I
Dr. Ramona Delia POPESCU, Commentary on the Constitutional Court’s Case Law Regarding the Procedure for Reviewing a Law Following a Request by the President of Romania (Decisions No. 1596/2011, 1597/2011, and 1598/2011)
According to the Romanian Constitution, a review of a law may be initiated by either the President of Romania or the Constitutional Court; consequently, there are two situations in which a bill may be reviewed by Parliament. The President may request a review of a law only once for any reason—including constitutionality, legality, objections regarding appropriateness, non-compliance with European legislation, or simply drafting issues, whether procedural or substantive—concerning the law in its entirety or only some of its provisions. Parliament, in response to the requests contained in the President of Romania’s request for reconsideration, may adopt any solution it deems necessary. Thus, it may grant the request in full or in part, reject it, or amend, in whole or in part, certain provisions related to the request for reconsideration, including by realigning the provisions of the law. As part of the legislative process, Parliament must cast its final vote on the text of the law itself, rather than on the report of the parliamentary committees or the request for reconsideration.
Keywords: reconsideration of a law, legislative process, final vote, debate