Basic information			Substance of the ruling			Accessibility of the case and further relevant links
Date	Name of the case (or case number)	The body delivering the decision	Keywords, topic	Executive part	Brief summary	Full text	Page at the website of the issuing court	Page in other databases	Unofficial materials, press communications
February 15. 2022.	DECIZIA nr.50/2022.	Constitutional Court of Romania	Separation of powers	The Constitutional Court of Romania clarified which emergency measures require the consent of the Economic and Social Council.	The Constitutional Court of Romania clarified which emergency measures require the consent of the Economic and Social Council.	https://www.ccr.ro/wp-content/uploads/2022/03/Decizie_50_2022.pdf
October 20. 2021.	No. 672/2021.	Constitutional Court of Romania	Separation of powers; state of emergency	The Constitutional Court of Romania held that the parliamentary decision on approving the declaration of state of emergency by the Government with amendments was unconstitutional, the original governmental decision would remain in force without the amendments adopted by the Parliament during the parliamentary approval process.	50 members of the Romanian House of Representatives challenged the parliamentary decision on approving the governmental decision on the declaration of state of emergency due to the Covid-19 pandemic. During the approval process, Parliament also amended the original text of the governmental decision concerned. The Constitutional Court upheld the claim and held, that Parliament could approve and review only the governmental decisions issued under shared competences, parliamentary control over the executive shall not be extended to other fields of governmental activities. The declaration of a state of emergency is an exclusive competence of the executive, determined by the statutory framework adopted by the Parliament, but the application of these general rules should be conferred exclusively on the executive. Executive rulings shall be subject to judicial review, however, the too extensive interpretation of parliamentary scrutiny over the executive would violate separation of powers. Consequently, the parliamentary decision was nullified, and the governmental decision on the declaration of state of emergency remained in force without its amendments passed by the Parliament during the approval process.	https://www.ccr.ro/wp-content/uploads/2021/10/Decizie_672_2021.pdf		https://www.covid19litigation.org/case-index/romania-constitutional-court-romania-no-672-2021-10-20	https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e38
June 10. 2021.	DECIZIA nr.416/2021.	Constitutional Court of Romania	State of emergency	The Constitutional Court of Romania dismissed a claim of unconstitutionality submitted against the declaration of state of emergency.	The Constitutional Court of Romania dismissed a claim of unconstitutionality submitted against the declaration of state of emergency.	https://www.ccr.ro/wp-content/uploads/2021/11/Decizie_416_2021.pdf
June 8. 2021.	DECIZIA nr.391/2021.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/11/Decizie_391_2021.pdf
June 8. 2021.	Decizie nr. 381/2021.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/09/Decizie_381_2021.pdf
June 8. 2021.	No. 392/2021.	Constitutional Court of Romania	Right to access to justice	The Constitutional Court held that the lack of effective judicial mechanism to review the application of short-term administrative measures ordered on the basis of Covid-related legislation resulted in an unconstitutional situation, proper remedy should be provided for the persons concerned.	An ordinary court heard a claim against a short-term administrative measure adopted on the ground of Covid-related legislation and allegedly violating fundamental rights. The initiating court requested from the Constitutional Court to assess, whether the lack of effective remedy against the application of short-term administrative measures implemented as part of the emergency regime amounts to an unconstitutional situation. The Constitutional Court stated that the lifetime of short-term administrative acts do not exceed 30 days, therefore, effective redress would not be available within this brief period in the light of the existing procedural rules, so the judicial ruling would not be able to remove the consequences of the impugned administrative act. As for conclusion, the lack of a faster review mechanism amounted to an unconstitutional violation of right to access to justice, and the legislation was ordered to enact appropriate provisions to establish a special review mechanism.	https://www.ccr.ro/wp-content/uploads/2021/07/Decizie_392_2021.pdf		https://www.covid19litigation.org/case-index/romania-constitutional-court-romania-no-392-2021-06-08	https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e38
May 20. 2021.	DECIZIA nr.327/2021.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/11/Decizie_327_2021.pdf
May 20. 2021.	DECIZIA nr.343/2021.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/11/Decizie_343_2021.pdf
May 20. 2021.	DECIZIA nr.344/2021.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/11/Decizie_344_2021.pdf
mai 11. 2021.	DECIZIA nr.307/2021.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/11/Decizie_307_2021.pdf
February 23. 2021.	DECIZIA nr.117/2023.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/06/Decizie_117_2021.pdf
February 17. 2021.	DECIZIA nr.100/2021.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/03/Decizie_100_2021.pdf
January 13. 2021.	DECIZIA nr.1/2021.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/01/Decizie_1_2021.pdf
December 16. 2020.	DECIZIA nr.904/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/01/Decizie_904_2020.pdf
December 9. 2020.	Decizie nr. 875/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/12/Decizie_875_2020.pdf
October 20. 2020.	DECIZIA nr.751/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/12/Decizie_751_2020.pdf
October 7. 2020.	DECIZIA nr.723/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/12/Decizie_723_2020.pdf
September 24. 2020.	DECIZIA nr.647/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2020/11/Decizie_647_2020.pdf
September 24. 2020.	DECIZIA nr.646/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/12/Decizie_646_2020.pdf
July 15. 2020.	DECIZIA Nr.600/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2020/10/Decizie_600_2020.pdf
July 14. 2020.	DECIZIA nr.590/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2020/10/Decizie_590_2020.pdf
June 25. 2020.	No. 458/2020	Constitutional Court of Romania	Separation of powers; freedom of movement	The Constitutional Court held, that mandatory quarantine or hospitalisation rules for Covid-infected persons should be rendered by an act, and not by the order of the public health ministry.	The Constitutional Court held, that mandatory quarantine or hospitalisation rules for Covid-infected persons should be rendered by an act, and not by the order of the public health ministry. As a result, the Parliament adopted a new law within 10 days to implement a more coherent, clear, precise and predictable quarantine regime.	https://legislatie.just.ro/Public/DetaliiDocumentAfis/227548			https://verfassungsblog.de/romania-covid-19-response-in-an-electoral-year/; https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e38; https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e38
June 25. 2020.	No. 457/2020.	Constitutional Court of Romania	Separation of powers; state of emergency	The Constitutional Court of Romania held that the parliamentary competence to approve governmental decisions from the declaration of state of emergency was unconstitutional, the Parliament should enact the general rules through the adoption of a law, while the government shall decide upon the concrete application of these general rules.	The Constitutional Court of Romania heard a challenge against a parliamentary resolution approving the declaration of state of emergency ordered by the Government due to the Covid-19 pandemic. The Constitutional Court argued that the general rules on ordering state of emergency and on the applicable measures during such a period shall be enacted by the Parliament through the adoption of a law, but the concrete application of these rules shall be the exclusive competence of the Government. Moreover, the judiciary has the competence to review administrative acts on the ground of separation of powers, Parliament should refrain from exercising such a power. As a consequence, the Parliament does not have constitutional authorization to approve the governmental decisions on the declaration of state of emergency, such parliamentary resolution shall be void and shall be nullified.	https://legislatie.just.ro/Public/DetaliiDocumentAfis/227535			https://www.ccr.ro/wp-content/uploads/2021/10/Decizie_672_2021.pdf; https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e38; https://archivos.juridicas.unam.mx/www/bjv/libros/13/6310/26.pdf
June 3. 2020.	DECIZIA Nr.242/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2020/06/Decizie_242_2020.pdf
June 3. 2020.	DECIZIA nr.240/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2020/06/Decizie_240_2020.pdf
May 13. 2020.	No. 157/2020.	Constitutional Court of Romania	Separation of powers; state of emergency	The Constitutional Court of Romania held that a governmental order issued  in 2004. and regulating state of emergency shall not be the valid basis of restricting fundamental rights, such measures should be based on the general laws adopted by the Parliament, while the concrete application of these general rules should be imposed on the executive.	The Constitutional Court of Romania dealt with the constitutionality of the governmental decree from 2004. providing detailed rules on state of emergency. The Constitutional Court argued that an executive order should not be the legal basis of restrictions on fundamental rights, such measures shall be based on the decisions of the Parliament. Parliament should enact the general rules on fundamental rights restrictions, while the executive has the competence to enact rules on the concrete application of general rules. As a consequence, the governmental decree from 2004. establishing detailed rules on state of emergency was abrogated. As a consequence, the Parliament adopted a new law on the general framework of state of emergency within two days  on the publication of this Constitutional Court ruling, and on the third day following its adoption on 15 May, the new law entered into force and established a new emergency regime in Romania based on general rules enacted by the Parliament, and concrete governmental decisions on ordering state of emergency subject to parliamentary approval.	http://www.ccr.ro/wp-content/uploads/2020/05/Decizie_157_2020.pdf			https://www.ccr.ro/wp-content/uploads/2021/10/Decizie_672_2021.pdf; https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e38; https://archivos.juridicas.unam.mx/www/bjv/libros/13/6310/26.pdf
May 6. 2020.	No. 152/2020.	Constitutional Court of Romania	Separation of powers; state of emergency	The Constitutional Court of Romania held that the decrees of the President of the Republic ordering state of emergency was in principle in compliance with separation of powers, however, the implemented measures by these decrees overstepped the presidential competences during state of emergency, therefore, certain measures of the presidential decree was nullified.	The President of the Republic ordered a quarantine through a decree during the first vawe of the Covid-19 pandemic and this was approved by the Parliament. The Romanian ombudsman challenged the parliamentary approval before the Constitutional Court and argued that the presidential competence to order state of emergency meant a violation of separation of powers. The Constitutional Court held that in principle the presidential competence related to state of emergency is in compliance with separation of powers, however, the presidential decree shall remain within the general rules on state of emergency issued by the Parliament. Presidential decrees shall be subject to a two-level review: the Parliament should approve these decrees, while the Constitutional Court has the competence to review the constitutionality of the parliamentary approval. In the present case, the presidential decrees imposed too severe limitations on fundamental rights, therefore, certain provisions of the decree was nullified. Two judges filed a separate opinion and argued, that the review of Constitutional Court over presidential decrees violates separation of powers, instead of this, these decrees shall be subject to judicial review of ordinary courts as administrative acts.	https://legislatie.just.ro/Public/DetaliiDocumentAfis/225555			https://www.ccr.ro/wp-content/uploads/2021/10/Decizie_672_2021.pdf; https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e38; https://archivos.juridicas.unam.mx/www/bjv/libros/13/6310/26.pdf
May 6. 2020.	No. 156/2020.	Constitutional Court of Romania	Covid and parliaments; parliamentary law	The Constitutional Court of Romania rejected a claim against the amendment of parliamentary standing orders to enable online parliamentary sittings during the Covid-19 pandemic.	During the public health emergency, both chambers of the Romanian Parliament adopted to amend their standing orders to legalize online sitting during such extraordinary circumstances as the Covid-19 pandemic. The resolution of the Senate from the respective amendment of its standing orders was challenged before the Constitutional Court, which was dismissed.	https://legislatie.just.ro/Public/DetaliiDocumentAfis/226591			https://oxcon.ouplaw.com/display/10.1093/law-occ19/law-occ19-e38
May 6. 2020.	DECIZIA nr.155/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2020/06/Decizie_155_2020.pdf
May 6. 2020.	DECIZIA nr.151/2020.	Constitutional Court of Romania	State of emergency; separation of powers	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	The Constitutional Court of Romania clarified the distribution of emergency competences between the executive and the legislative powers.	https://www.ccr.ro/wp-content/uploads/2021/12/Decizie_151_2020.pdf