CONSIDERAȚII ÎN LEGĂTURĂ CU DECIZIILE CURȚII CONSTITUȚIONALE ȘI EFECTELE ACESTORA

In this study the authors present a series of considerations on the decisions of the Constitutional Court and their effects, in the light of the provisions of Article 147 of the Romanian Constitution of 1991 (revised in 2003 and then republished on 31 October 2003), of the provisions of the Law No 47/1992 on the organization and functioning of the Constitutional Court (republished on 3 December 2010), as well as of the relevant case-law of the Constitutional Court in the matter. In this regard, the authors examine, sometimes in a critical manner, the following problems: the acts by which the Constitutional Court exercises its powers; why the decisions of the Constitutional Court have a general binding nature; whether there is a typology of the decisions of the Constitutional Court or not; the interpretative decisions of the Constitutional Court; the relations of the Constitutional Court with other public authorities arising as a result of the decisions of the Constitutional Court; the effects of the decisions of the Constitutional Court establishing the unconstitutionality of some legal provisions of parliamentary laws, ordinances, regulations and resolutions; the effects of the decisions of the Constitutional Court establishing the unconstitutionality of some provisions included in laws, before their promulgation; the effects of the decisions of the Constitutional Court on the constitutionality/unconstitutionality of the treaties or of the international agreements; the decisions of the Constitutional Court are generally binding and are effective only for the future.