CONSTITUTIONAL REVIEW UPON THE REFERRAL BY THE ADVOCATE OF THE PEOPLE A POWERFUL INSTRUMENT OF DEMOCRACY THAT NEEDS TO BE STRENGTHENED

• Published in: Perspectives of Law and Public Administration 2021-03, Vol.10 (1), p.12-20
• Main Author: Safta, Marieta
• Format: Article
• Language: English
• Subjects: Advocacy; advocate of the people; Amicus curiae; Constitutional courts; Constitutional Law; Constitutional review; Coronaviruses; Court case; COVID-19; Democracy; Exceptions; fundamental rights; Health care policy; Human rights; Human Rights and Humanitarian Law; International Law; Judicial reviews; Pandemics; Rule of law; State court decisions; State of emergency; Tribunals & commissions
• ISSN: 2601-7830; 2601-7830

The involvement of the Advocate of the People in carrying out the constitutional review of normative acts, especially by formulating exceptions of unconstitutionality brought directly before the Constitutional Court, has recently experienced an interesting dynamic in Romania, very visible in the context of the exceptional situation caused by the COVID-19 pandemic. This involvement has had a strong social resonance, including in the business environment. Starting from this dynamic and impact, this article explores the duty of the Advocate of the People to notify the Constitutional Court regarding the constitutional review of normative acts and the way in which, over time, he used this powerful instrument of democracy. Based on the conclusions of this analysis, perspectives for strengthening the role of the Advocate of the People in constitutional review are examined, in the current context in which international bodies such as the European Commission and the Venice Commission are increasingly highlighting the role of the Advocate of the People in achieving the rule of law and the need for states to ensure the effectiveness of this role.