Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Bianca SELEJAN-GUTAN – A new reform of the Romanian Constitutional Court: is it necessary?

Do we need the Constitutional Court? Are the present constitutional and legal rules appropriates? Who is afraid of the Constitutional Court? Are the constitutional judges really independent and impartial? And last but not least: is a new reform of the Court necessary?

In the attempt to answer some of these questions, and especially the one regarding the independence and the impartiality – features that seem axiomatic when speaking about a court of this level – I have critically analysed some legislative proposals to change the existing roles, on which the Venice Commission gave the advisory opinion, too. Some of these proposals are excessive, by trying to completely eliminate the political factor from the previous career of the potential constitutional judges. I believe that the real solution is a balanced one, which should respond to the need of a reinforced independence and impartiality of the constitutional judges towards political as well a private interests.

In its last part, the article deals with some aspects of the recent jurisprudence of the Romanian Constitutional Court, as well as with other reform proposals which lead to reflection.