The decree was referred to the court by national Ombudsman Victor Ciorbea on Feb. 3, two days before the ruling Social Democrats withdrew it.
"This decree does not exist anymore. It was scrapped (by the government)," said court president Valer Dorneanu. "We start from the truth that the emergency decree no longer exists."
The withdrawal must still be approved by parliament, Reuters reported.
Asked what would happen if parliament does not do so, Dorneanu said: "We don't judge based on suppositions."