Is the Constituent Assembly a solution for the reform of the Romanian constitutional system?

Abstract

The Romanian Parliament can be dissolved, from a strictly formal point of view, only according to Article 89 of the Romanian Constitution. This constitutional procedure was designed from the very beginning in such a way that it is almost impossible to implement. At first glance, there is no alternative to the procedure described in the Constitution for Parliament dissolution. Still, if one analysis the text of the Constitution, both in relation with the constitutional theory and the practical experiences of comparative law, finds out that there is another possibility. The Parliament can also be dissolved by the election of a new Constituent Assembly, which will draft the text of a new Constitution. The Parliament dissolution can happen at any time, through the initiative of a referendum for the formation of a Constituent Assembly. We are not talking about a revision of the Constitution, for which there are specific norms (Title VII, Articles 150-152) and which can lead to the changing of some articles; we are talking about a completely changed Constitution, with a new structure and a content that will be in accordance with the political realities of Romania’s membership to the European Union. It was often said that, until now, the Parliament was not dissolved by applying constitutional provisions.