Accessible Requires Authentication Published by De Gruyter July 26, 2017

Constitutional Court of Romania: The Constitutionality of the Citizens’ Initiative for the Revision of Article 48 (1) of the Constitution (‘Family’)

Marieta Safta
From the journal ICL Journal

Abstract

The Constitutional Court found that Article 48 of the Constitution of Romania enshrines and guarantees the right to marriage and family relations resulting from marriage, apart from the right to family life/respect for and protection of family life, a concept with a much broader legal content, which is also embodied and protected by Article 26 of the Constitution. Insofar the analysis is limited solely to the scope of the right to marriage, the proposed amendment of Article 48 of the Constitution, ie replacement of the words ‘of the spouses’ with the words ‘between a man and a woman’, constitutes a mere indication as regards the exercise of the fundamental right to marriage, namely the specific determination of the fact that marriage is concluded between partners of different biological sex. The amendment proposed is not likely cause the disappearance, removal, deletion or cancellation of the concept of marriage. Furthermore, the safeguards of the right to marriage, as enshrined in the constitutional text of reference in its original form, remain unchanged. Therefore, the initiative for revision of the Constitution is constitutional in respect of the provisions of Article 152 of the Constitution, as it does not remove the right to marriage or the safeguards thereof and it does not bring into question any other limit on matters of revision.

Published Online: 2017-7-26
Published in Print: 2017-7-26

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