Forma de guvernământ și puterea de revizuire constituțională (limitele revizuirii)

Abstract

The 1991 Romanian Constitution has generated, soon after its adoption, numerous debates and has raised significant criticism. The 2003 amendment of the Constitution took place in the context of the adhesion process to the European Union and it was meant to put an end to some of the previous criticism. One of the most debated issues regarded the changing of the form of the government. This article starts by briefly discussing the current form of government and by analyzing alternative forms of government. It then focuses on the competences of the legislative body responsible for amending the Constitution and discusses the interdiction (stated in the Constitution in art. 152, al 1.) for this body to bring any changes with regard to the current republican form of government. In the last section the article analyzes this limitation regarding the amending of the form of government. The Romanian Constitutional Court reviews all the amending proposals put forward. The organic law which regulates the functioning of the Constitutional Court has extended the provisions of art. 146 (a), in a way that is considered unconstitutional, to the law which modifies the Constitution. It is open for debate, however, if the amendment of the form of government can be done through public referendum.