Rolul Curţii Constituţionale în Procedura Referendumului

The aim of this paper is to analyse in a legal view the Romanian Constitutional Court’s competences concerning the referenda procedure and to show that, though its competences, the Court, on the one hand, carries out a review of constitutionality and legality and, on the other hand, confirms and validates the referenda. This jurisdictional mechanism is the prerequisite condition for the judicial legitimization of the popular will, but it comes to the Constitutional Court the task to perform its competences in an active manner in order to ensure the observance of the existing constitutional rules and principles. That’s why the Court has to be the arbiter of the tensions generated by opposite political interests and in the same time the guardian of the Constitution. All these aspects are analysed meticulously and illustrated with examples deriving from the Constitutional Court’s case law.