Pub Date : 1900-01-01DOI: 10.47743/rdc-2021-1-0002
Evripidis Stylianidis
The state of exception is provided for in constitutions in response to emergency situations. The resilience of constitutions is tested in such situations, which are marked by the concentration of power in the executive and limitations in the exercise of fundamental rights. Although the Greek Constitution allows for the declaration of a state of siege, this does not include the case of a public health crisis. Nevertheless, particular constitutional provisions form an emergency mechanism, which proved to be effective against the COVID-19 pandemic and in accordance with democracy and the rule of law.
{"title":"THE STATE OF EXCEPTION IN THE GREEK CONSTITUTION:THE RESILIENCE OF THE GREEK \u0000CONSTITUTION DURING THE COVID-19 PANDEMIC","authors":"Evripidis Stylianidis","doi":"10.47743/rdc-2021-1-0002","DOIUrl":"https://doi.org/10.47743/rdc-2021-1-0002","url":null,"abstract":"The state of exception is provided for in constitutions in response to emergency \u0000situations. The resilience of constitutions is tested in such situations, which are \u0000marked by the concentration of power in the executive and limitations in the \u0000exercise of fundamental rights. Although the Greek Constitution allows for the \u0000declaration of a state of siege, this does not include the case of a public health \u0000crisis. Nevertheless, particular constitutional provisions form an emergency \u0000mechanism, which proved to be effective against the COVID-19 pandemic and \u0000in accordance with democracy and the rule of law.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122343736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2022-2-0006
A. Niță
{"title":"VALENCES AND INADVERTENCES IN THE CONSTITUTIONAL AND LEGAL REGULATION OF ACTS SUBJECT TO THE ADMINISTRATIVE TUTELAGE CONTROL OF THE PREFECT","authors":"A. Niță","doi":"10.47743/rdc-2022-2-0006","DOIUrl":"https://doi.org/10.47743/rdc-2022-2-0006","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121210941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2016-3-0004
T. Toader, Marieta Safta
This study continues the presentation on the development of the constitutional court’s case-law, from ascertaining the unconstitutionality of the legal rule to ascertaining the unconstitutionality of the legal solution promoted by that rule with punctual respect to criminal procedure. The constitutional review transcends the strict boundaries of referrals brought before the Court in order to purify the legal system from those that reproduce legal solutions found to be unconstitutional. Thus, it is emphasized both the effect of sanctioning the rule which was the subject matter of the exception of unconstitutionality, and the preventive effect of constitutional review, by the inability of the legislature to resume a legal solution found unconstitutional, except where there is a change of the social and economic context.
{"title":"Unconstitutional legal solutions enshrined in the Code of Criminal Procedure of 2014","authors":"T. Toader, Marieta Safta","doi":"10.47743/rdc-2016-3-0004","DOIUrl":"https://doi.org/10.47743/rdc-2016-3-0004","url":null,"abstract":"This study continues the presentation on the development of the constitutional court’s \u0000case-law, from ascertaining the unconstitutionality of the legal rule to \u0000ascertaining the unconstitutionality of the legal solution promoted by that rule \u0000with punctual respect to criminal procedure. The constitutional review \u0000transcends the strict boundaries of referrals brought before the Court in order \u0000to purify the legal system from those that reproduce legal solutions found to be \u0000unconstitutional. Thus, it is emphasized both the effect of sanctioning the rule \u0000which was the subject matter of the exception of unconstitutionality, and the \u0000preventive effect of constitutional review, by the inability of the legislature to \u0000resume a legal solution found unconstitutional, except where there is a change \u0000of the social and economic context.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129207242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2021-2-0007
Marieta Safta
{"title":"Criminal law as ultima ratio / The constitutional regime of the motion of censure, \u0000according to the Romanian Constitution","authors":"Marieta Safta","doi":"10.47743/rdc-2021-2-0007","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0007","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126106667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2022-1-0008
I. Nistor
{"title":"Constitutional justice in the European Union. Legislation, case law and doctrine course – notes","authors":"I. Nistor","doi":"10.47743/rdc-2022-1-0008","DOIUrl":"https://doi.org/10.47743/rdc-2022-1-0008","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124120821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2020-2-0004
Ioana Narcisa Anițulesei
In the present study, the author analyzes the provisions of art. 4881 of the Code of Criminal Procedure which, until now, have been the subject of multiple exceptions of unconstitutionality examined by the Constitutional Court. Mainly, the study focuses on the considerations set out in Decision no. 26/2021 pronounced by Constitutional Court in which was statued the constitutionality of the provisions of art. 4881 paragraph 2 and 3 of the Code of Criminal Procedure. In his approach, the author makes additional arguments in support of the unconstitutionality of the rule by reference to national and European provisions enshrining the principle of equality of citizens before the law.
{"title":"Brief considerations regarding decision no. 26/2021 of the constitutional court regarding the constitutionality of the provisions of the art. 4881 paragraph 2 of Code of criminal procedure","authors":"Ioana Narcisa Anițulesei","doi":"10.47743/rdc-2020-2-0004","DOIUrl":"https://doi.org/10.47743/rdc-2020-2-0004","url":null,"abstract":"In the present study, the author analyzes the provisions of art. 4881 of the Code of \u0000Criminal Procedure which, until now, have been the subject of multiple exceptions \u0000of unconstitutionality examined by the Constitutional Court. \u0000 Mainly, the study focuses on the considerations set out in Decision no. 26/2021 \u0000pronounced by Constitutional Court in which was statued the constitutionality of \u0000the provisions of art. 4881 paragraph 2 and 3 of the Code of Criminal Procedure. \u0000 In his approach, the author makes additional arguments in support of the \u0000unconstitutionality of the rule by reference to national and European provisions \u0000enshrining the principle of equality of citizens before the law.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121874085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2015-1-0001
Rudolf Dur Schnutz
The recent move towards the individual access to constitutional justice is a progress for protection of human rights in Europe. The explicit purpose of these efforts is to settle human rights issues on the national level and to reduce the number of cases at the Strasbourg Court. Such individual complaints have to be designed in a way that makes them an effective remedy which has to be exhausted before a case can be brought before the European Court of Human Rights. This paper points out the current state of these improvements on the national level in a difficult context on the European level and the recommendations of the Venice Commission in this regard.
{"title":"Improving Human Rights Protection on the national and the European Level","authors":"Rudolf Dur Schnutz","doi":"10.47743/rdc-2015-1-0001","DOIUrl":"https://doi.org/10.47743/rdc-2015-1-0001","url":null,"abstract":"The recent move towards the individual access to constitutional justice is a progress for \u0000protection of human rights in Europe. The explicit purpose of these efforts is to settle \u0000human rights issues on the national level and to reduce the number of cases at the \u0000Strasbourg Court. Such individual complaints have to be designed in a way that \u0000makes them an effective remedy which has to be exhausted before a case can be \u0000brought before the European Court of Human Rights. This paper points out the \u0000current state of these improvements on the national level in a difficult context on the \u0000European level and the recommendations of the Venice Commission in this regard.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123213835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2016-1-0002
M. Enache
The European right represents the set of juridical norms that may be enforced in the European juridical order and, according to an interpretation of the Court of Justice within the European Communities' Union, the current Court of Justice of the European Union, it constitutes “an own juridical order that is integrated into the juridical system of the member states”. As for the content of the European right, it has the character of a juridical order, namely it represents an organised and structured series of juridical norms having its own sources, endowed with bodies and procedures able to issue them, to interpret them as well as to find and sanction the possible violations. Making reference to the internal juridical order of the member states, the European right is an autonomous and original juridical order that involves the following aspects: the autonomy of the European right's sources, the autonomy of the European right's notions that do not depend on the qualifications acknowledged by the national right, the autonomy of the European norms that cannot be deprived of efficacy (of the useful effect) by the internal right rules of the member states. Several criteria to classify the European juridical norms have been expressed in the doctrine whereas the juridical force criterion had the largest support. Thus, according to its sources, the European right can be divided into the original or primary right5 and the derived or secondary right.
{"title":"Considerations regarding the relationship between the right of the European Union and the Romanian juridical order","authors":"M. Enache","doi":"10.47743/rdc-2016-1-0002","DOIUrl":"https://doi.org/10.47743/rdc-2016-1-0002","url":null,"abstract":"The European right represents the set of juridical norms that may be enforced in the \u0000European juridical order and, according to an interpretation of the Court of \u0000Justice within the European Communities' Union, the current Court of Justice of \u0000the European Union, it constitutes “an own juridical order that is integrated into \u0000the juridical system of the member states”. As for the content of the European \u0000right, it has the character of a juridical order, namely it represents an organised \u0000and structured series of juridical norms having its own sources, endowed with \u0000bodies and procedures able to issue them, to interpret them as well as to find \u0000and sanction the possible violations.\u0000Making reference to the internal juridical order of the member states, the \u0000European right is an autonomous and original juridical order that involves the \u0000following aspects: the autonomy of the European right's sources, the autonomy \u0000of the European right's notions that do not depend on the qualifications \u0000acknowledged by the national right, the autonomy of the European norms that \u0000cannot be deprived of efficacy (of the useful effect) by the internal right rules of \u0000the member states. \u0000Several criteria to classify the European juridical norms have been expressed in \u0000the doctrine whereas the juridical force criterion had the largest support. Thus, \u0000according to its sources, the European right can be divided into the original or \u0000primary right5 and the derived or secondary right.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121317563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2015-1-0002
Mona-Maria Pivniceru, Károly Benke
This study aims at presenting a more complex image of the principle of proportionality through an analysis that combines the theoretical and the jurisprudential perspectives. The precondition of this analysis is the classic opinion of this originally German principle which requires a distinction between the objective and subjective conditions of limitation/restriction of fundamental rights/freedoms, each of which shall be subject to a separate test in order to determine whether limitations/restrictions thus established are justified. However, we reveal the way in which such principle has been accepted in the case-law of the European Court of Human Rights, of the European Court of Justice and of the Constitutional Court of Romania, indicating the variations achieved in their case-law. As concerns the acceptance manner of the principle of proportionality in the case-law of the Constitutional Court of Romania, we analyze the fundamental differences between the classic principle of proportionality, which intrinsically characterizes the relative fundamental rights/freedoms, and the principle of proportionality covered by Article 53 of the Constitution. Likewise, the focus is on the analysis of subjective conditions of limitation of fundamental rights/freedoms in the light of the proportionality test conducted by the Constitutional Court of Romania and on the need for a precise constitutional review in order to avoid the development of distorted forms of implementation of this principle
{"title":"The Principle of Proportionality Reflected in the Case-law of the Constitutional Court of Romania","authors":"Mona-Maria Pivniceru, Károly Benke","doi":"10.47743/rdc-2015-1-0002","DOIUrl":"https://doi.org/10.47743/rdc-2015-1-0002","url":null,"abstract":"This study aims at presenting a more complex image of the principle of proportionality through \u0000an analysis that combines the theoretical and the jurisprudential perspectives. The \u0000precondition of this analysis is the classic opinion of this originally German principle \u0000which requires a distinction between the objective and subjective conditions of \u0000limitation/restriction of fundamental rights/freedoms, each of which shall be subject \u0000to a separate test in order to determine whether limitations/restrictions thus \u0000established are justified. However, we reveal the way in which such principle has been \u0000accepted in the case-law of the European Court of Human Rights, of the European \u0000Court of Justice and of the Constitutional Court of Romania, indicating the variations \u0000achieved in their case-law. As concerns the acceptance manner of the principle of \u0000proportionality in the case-law of the Constitutional Court of Romania, we analyze \u0000the fundamental differences between the classic principle of proportionality, which \u0000intrinsically characterizes the relative fundamental rights/freedoms, and the principle \u0000of proportionality covered by Article 53 of the Constitution. Likewise, the focus is on \u0000the analysis of subjective conditions of limitation of fundamental rights/freedoms in \u0000the light of the proportionality test conducted by the Constitutional Court of Romania \u0000and on the need for a precise constitutional review in order to avoid the development \u0000of distorted forms of implementation of this principle","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129573756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2023-1-0002
G. Rusu
The end of the First World War (1914-1918) was to completely change the face of Europe. Empires fell apart and from their ashes and new states were born based on the liberal “principle of nationalities”. Other countries, including Romania, completed their national state by uniting with provinces previously belonging various imperial crowns. From a constitutional point of view, the situation in these territories was quite confusing, at least until the drafting of the 1923 Reunification Constitution. The present study aims to research the constitutional architecture of Bessarabia, Bucovina, and Transylvania after the war, to analyze the necessity of adopting, at the time, the new constitutions, and to present the circumstances in which Romania's new fundamental pact was issued by the contribution of the post-war political class
{"title":"The provinces united with Romania and the reunification Constitution (1923)","authors":"G. Rusu","doi":"10.47743/rdc-2023-1-0002","DOIUrl":"https://doi.org/10.47743/rdc-2023-1-0002","url":null,"abstract":"The end of the First World War (1914-1918) was to completely change the face of Europe. Empires fell apart and from their ashes and new states were born based on the liberal “principle of nationalities”. Other countries, including Romania, completed their national state by uniting with provinces previously belonging various imperial crowns. From a constitutional point of view, the situation in these territories was quite confusing, at least until the drafting of the 1923 Reunification Constitution. The present study aims to research the constitutional architecture of Bessarabia, Bucovina, and Transylvania after the war, to analyze the necessity of adopting, at the time, the new constitutions, and to present the circumstances in which Romania's new fundamental pact was issued by the contribution of the post-war political class","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129810477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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