Peculiarities of the Romanian Bicameral Parliament – From Symmetrical Bicameralism to Assymetrical Bicameralism

Abstract

The 1991 Constitution of Romania organises the legislative power in two chambers. Nevertheless, the originally symmetrical bicameralism was transformed into an asymmetrical bicameralism by the 2003 constitutional amendment, thus creating the concepts of reflecting and deciding chambers. As a result, the adopted laws are now the result of a specific collaboration between the two houses. At the same time—as a consequence of the constitutional amendment—a new, formal constitutionality requirement has been introduced, as one can deduce from the case law of the Constitutional Court. Under this requirement, the diciding house may not make any significant change to the version adopted by the reflecting house. The present contribution aims to briefly illustrate the specificities of the Romanian bicameral parliament along these elements outlined above.