Unele aspecte privind cererea de reexaminare și controlul de constituționalitate în cazul unei legi de aprobare a ordonanței de urgență (două decizii ale Curții Constituționale asupra unei singure legi)
Keywords:
legislative procedure, promulgation of laws, request for reconsideration of the law, resuming legislative procedure, law approving an emergency ordinance, effects of the Constitutional Court decisions.Abstract
The Constitutional Court delivered two decisions on the Law approving the Emergency Ordinance no. 4/2016 concerning the modification and completion of the National Education Law no. 1/2011, exercising in both cases an a priori constitutional review at different stages of the legislative process. When analysing the objections of unconstitutionality, the Court made a number of clarifications concerning some constitutional institutions and procedures, which on the one hand strengthen the already formed case law, on the other hand enrich and develop this case law with new elements and arguments. In this paper I summarize these issues with a specific note on the request made by the President of Romania for the reconsideration of the law adopted by the Parliament and on the review procedure carried out by the Parliament after the law approving the emergency ordinance as a whole was declared unconstitutional.
