At the hearing of 28 September 2021, the Constitutional Court examined the request for settlement of the legal dispute of a constitutional nature between the Parliament of Romania and the Government of Romania, submitted by the Prime Minister of the Government.
The Constitutional Court, unanimously, decided:
1. Upheld the request made by the Prime Minister of the Government and found that there was a legal dispute of a constitutional nature between Parliament and the Government, arising from Parliament’s conduct with regard to the conduct of the parliamentary scrutiny procedure initiated by motion of censure No 2MC/3 September 2021 — “Cîțu Government’s dismissal, Romania’s only chance to live!”.
2.Parliament is expected to debate the motion of censure tabled and to vote on it in accordance with constitutional and regulatory requirements and applying the principle of constitutional loyalty.
The Court found that the motion of censure was tabled with the required number of signatures. However, Parliament as a whole has infringed Article 1 (5) of the Constitution in conjunction with Article 94 (1) of the Rules of Joint Activities of the Chamber of Deputies and the Senate and Article 113 (2) of the Constitution. Parliament has not debated the motion of censure, so that it has not completed the procedure initiated and continues to violate Article 113 of the Constitution. Consequently, also the constitutional provisions of Article 1 (3) on the rule of law and paragraph (4) on the balance of powers have been breached.
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The decision is final and generally binding.
The arguments underlying the decision of the Constitutional Court will be set out in the decision, which will be published in the Official Gazette of Romania, Part I.
External Relations, Press and Protocol Department of the Constitutional Court