GETTING TO KNOW BETTER THE CONSTITUTIONAL COURT

 What is the Constitutional Court?
Constitutional Court is the body which settles constitutional disputes and makes the final interpretation of the Constitution. It is subject only to the Constitution and enjoys complete organizational, administrative and financial independence.
Its main task is to ensure the respect for the Constitution and for the fundamental rights of the individuals. Its decisions shall be final and binding for enforcement.

When was the Constitutional Court created?
The Constitutional Court has been created in 1992, by the constitutional law no.7561, dated 29.04.1992 “On some amendments and additions to the law no.7491, dated 29.04.1991” “On the main constitutional provisions”.

What are the competencies of the Constitutional Court?
The Constitutional Court decides on:

•  compatibility of the law with the Constitution or with international agreements as provided for in Article 122;
•  compatibility of international agreements with the Constitution, prior to their ratification;
•  compatibility of normative acts of the central and local bodies with the Constitution and international agreements;
•  conflicts of competencies between powers, as well as between central government and local government;
•  constitutionality of the parties and other political organizations, as well as their activity, according to Article 9 of this Constitution;
•  dismissal from duty of the President of the Republic and verification of his inability to exercise his functions;
•  issues related to the electability and incompatibility in exercising the functions of the President of the Republic, members of the parliament, officials of the other organs mentioned in the Constitution, as well as to the verification of their election.
•  constitutionality of the referendum and verification of its results;
•  complaints against the decision of the Council of Ministers on the dissolution or dismissal of the local government bodies;
•  complaints against the decision of the High Judicial Council and the High Prosecution Council on the dismissal of judge or prosecutor;
•  suspension from duty and dismissal of the member of the Constitutional Court, the member of the High Judicial Council and the High Prosecution Council, the General Prosecutor and the High Inspector of Justice ;
•  final examination of the complaints of individuals against the acts of the public power or judicial acts impairing the fundamental rights and freedoms guaranteed by the Constitution.
  

How many members has the Constitutional Court and how are they elected?
Constitutional Court is composed of nine members.
Three members are appointed by the President of the Republic, three are elected by the Assembly and three are elected by the High Court.

When does the mandate of a constitutional judge end?
The judges of the Constitutional Court shall be appointed for a nine-year mandate without the right to be re-appointed. The constitutional judge shall continue to stay in office until the appointment of the successor, except for the cases when he/she resigns, is dismissed from duty, there are established the conditions of his/her inelectibility and incompatibility to exercise the functions, as well as when there is established the fact of his/her incapacity to exercise the duties.

What are the qualifications that a constitutional judge should have?
The judge of the Constitutional Court shall have a law degree, at least 15 years of experiences as judges, prosecutors, advocates, law professors or lectors, senior employees in the public administration, with a renowned activity in the constitutional, human rights or other areas of law. The other criteria, as well as the procedure of appointment or election of judges of the Constitutional Court have been regulated by law.

Does the constitutional judge have disciplinary liability?
The Constitutional Court judge shall be disciplinary liable in respect of cases provided for by the organic law of the Constitutional Court.
The examination of disciplinary misconduct is performed by the Disciplinary Committee composed of three judges assigned by lot, without the participation of judges involved in collection of facts and evidence.