The Relationship of the Constitutional Court with Parliament and the Government (General Report at the XVth Congress of the Conference of European Constitutional Courts Bucharest, Romania, 23-25 May, 2011)

Abstract

This study, drawn up based on national reports submitted by participating countries at the XVth Congress of the Conference of European Constitutional Courts, approached the following issues: Parliament’s role (or the Government’s role, if applicable) in the procedure of appointment of judges to the constitutional court; the possibility of revoking judges of the constitutional court; common elements and particularities of financial autonomy of constitutional courts; common elements and particularities of the procedure of amendment of the laws that govern the organisation and operation of constitutional courts; the constitutional court’s power to examine the constitutionality of the Regulations of organisation and operation of Parliament and of Government; the type/categories of acts that can be reviewed by the constitutional court; the conduct of Parliament and of Government, as the case may be, in terms of compliance with the decisions of the constitutional court, in the meaning of proceeding to the amendment of the law (or of the act declared unconstitutional) for bringing the same into accord with the Basic Law, according to the decision of the constitutional court, regulation of terms and procedures in this matter.

Keywords: Constitutional Court, appointment of judges to the constitutional court, the possibility of revoking judges of the constitutional court, financial autonomy of constitutional courts, object of the constitutional review

JEL Classification: K40