The processing of the constitutional reform through abbreviated legislative procedures: a problem of procedural limits Articles uri icon

publication date

  • January 2019

start page

  • 389

end page

  • 419

volume

  • 43

International Standard Serial Number (ISSN)

  • 1139-5583

abstract

  • Can the Parliament process constitutional reform initiatives applying the procedures of constitutional reform and abbreviated legislative procedures simultaneously? More specifically, can it be considered that the method of single reading and the urgent procedure are adequate for processing the revision of the Constitution? In the decision ATC 9/2012 the Constitutional Court seems to have embraced the thesis of procedural simultaneity, according to which the procedures of constitutional reform could be applied transversally along with the legislative techniques of single reading and urgency. However, making a systematic interpretation of constitutional and parliamentary rules governing the lawmaking process, it might be argued that these kind of abbreviates procedures act as procedural limits in the parliamentary processing of the constitutional revision.

keywords

  • procedural limits of the constitutional reform; abbreviated legislative procedures; single reading method; urgent procedure; control of constitutionality of the constitutional reform