Pub Date : 1900-01-01DOI: 10.47743/rdc-2022-2-0007
A. Domşa
{"title":"THE ROLE OF THE PARLIAMENTARY OPPOSITION IN OBSERVING THE RULE OF LAW","authors":"A. Domşa","doi":"10.47743/rdc-2022-2-0007","DOIUrl":"https://doi.org/10.47743/rdc-2022-2-0007","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"4 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":"115726508","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-2016-1-0004
Mihaela Mazilu-Babel
In the last years the Constitutional Court of Romania was asked to rule on the constitutionality of the erga omnes obligatory interpretations provided by the High Court of Cassation and Justice. Through such constitutionality review, the Constitutional Court manages to impose its own interpretation of the European Convention on Human Rights on all national ordinary courts whenever such courts are to ensure that the European Convention of Human Rights is observed and respected in a pending case. This paper sumarises a couple of such rulings, pointing out that through such constitutionality review rulings, the Constitutional Court of Romania has also established that it has the competence to impose, at the national level, the unique interpretation that can be given to a norm whenever that unique interpretation was already imposed by the High Court of Cassation and Justice.
{"title":"The established obligation for the ordinary courts to interpret the law in the light of the interpretation provided to the Convention by the Constitutional Court of Romania","authors":"Mihaela Mazilu-Babel","doi":"10.47743/rdc-2016-1-0004","DOIUrl":"https://doi.org/10.47743/rdc-2016-1-0004","url":null,"abstract":"In the last years the Constitutional Court of Romania was asked to rule on the \u0000constitutionality of the erga omnes obligatory interpretations provided by the \u0000High Court of Cassation and Justice. Through such constitutionality review, the \u0000Constitutional Court manages to impose its own interpretation of the European \u0000Convention on Human Rights on all national ordinary courts whenever such \u0000courts are to ensure that the European Convention of Human Rights is observed \u0000and respected in a pending case. This paper sumarises a couple of such rulings, \u0000pointing out that through such constitutionality review rulings, the Constitutional \u0000Court of Romania has also established that it has the competence to impose, at \u0000the national level, the unique interpretation that can be given to a norm \u0000whenever that unique interpretation was already imposed by the High Court of \u0000Cassation and Justice.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"24 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":"127597303","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-2016-4-0001
Dan Claudiu Dănișor
In a liberal democracy, the sphere of law cannot be unlimited. The first category of its limits results from the necessity to temper the mutability of the legal system. Firstly, the law must not be perishable. The passage of time should not, in itself, affect the legal system. Thus, the law must limit the desire for change only for the sake of change and the desire to turn regulations into a performance. The limitation of such tendencies is not legally effective under any circumstances, meaning that the choice of regulatory methods must take into account formal principles and the context of their application as well. Secondly, law cannot be receptive to all changes. It must shift only under certain circumstances, commensurate with the magnitude of social changes. Any social conflict, change of ideological orientation, or political, economic or structural modification should not determine modifications with respect to the legal order. Thirdly, the mutability of the legal system may be determined by systemic dysfunctions. However, any structural conflict within the legal order should not bring about systemic changes. Basically, only certain dysfunctions can be classified as systemic, and the reaction towards them should be limited to drawing up structural modifications.
{"title":"The limits of the law and the mutability of the judicial system","authors":"Dan Claudiu Dănișor","doi":"10.47743/rdc-2016-4-0001","DOIUrl":"https://doi.org/10.47743/rdc-2016-4-0001","url":null,"abstract":"In a liberal democracy, the sphere of law cannot be unlimited. The first category of its \u0000limits results from the necessity to temper the mutability of the legal system. \u0000Firstly, the law must not be perishable. The passage of time should not, in itself, \u0000affect the legal system. Thus, the law must limit the desire for change only for \u0000the sake of change and the desire to turn regulations into a performance. The \u0000limitation of such tendencies is not legally effective under any circumstances, \u0000meaning that the choice of regulatory methods must take into account formal \u0000principles and the context of their application as well. \u0000Secondly, law cannot be receptive to all changes. It must shift only under \u0000certain circumstances, commensurate with the magnitude of social changes. \u0000Any social conflict, change of ideological orientation, or political, economic or \u0000structural modification should not determine modifications with respect to the \u0000legal order. \u0000Thirdly, the mutability of the legal system may be determined by systemic \u0000dysfunctions. However, any structural conflict within the legal order should not \u0000bring about systemic changes. Basically, only certain dysfunctions can be \u0000classified as systemic, and the reaction towards them should be limited to \u0000drawing up structural modifications.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"63 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":"116193954","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-2020-2-0002
Ioan -DUMITRU Apachiței
In this study, we aim to analyze the main characteristics of the proportionality test reflected through the jurisprudence of the constitutional courts in Romania and France. The identification of these elements aims at establishing three coordinates: the common elements of the evolution of the proportionality test, the way of systematization of the current constitutionality control over proportionality and the evolutional perspectives in the proportionality test. The determination of jurisprudential variations has the role of marking the common points, the divergent ones, and the aspects of complementarity from the constitutional perspective, respectively. We also consider specific issues regarding the jurisprudence of the European courts, as well as how it interferes with the proportionality tests of the two constitutional courts. Also, the option for the two institutions is justified by the fact that they have common elements and a tangential evolution, aspects that can be captured more clearly from the analysis of the principle of proportionality, given that it is a generally accepted concept, but nuanced in practical terms.
{"title":"The principle of proportionality reflected in the jurisprudence of the Constitutional Court of Romania and the Constitutional Council of France","authors":"Ioan -DUMITRU Apachiței","doi":"10.47743/rdc-2020-2-0002","DOIUrl":"https://doi.org/10.47743/rdc-2020-2-0002","url":null,"abstract":"In this study, we aim to analyze the main characteristics of the proportionality test reflected through the jurisprudence of the constitutional courts in Romania and France. The identification of these elements aims at establishing three coordinates: the common elements of the evolution of the proportionality test, the way of systematization of the current constitutionality control over proportionality and the evolutional perspectives in the proportionality test. The determination of jurisprudential variations has the role of marking the common points, the divergent ones, and the aspects of complementarity from the constitutional perspective, respectively. We also consider specific issues regarding the jurisprudence of the European courts, as well as how it interferes with the proportionality tests of the two constitutional courts. Also, the option for the two institutions is justified by the fact that they have common elements and a tangential evolution, aspects that can be captured more clearly from the analysis of the principle of proportionality, given that it is a generally accepted concept, but nuanced in practical terms.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"30 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":"126367897","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-2022-1-0007
Pragyanshu Gautam
{"title":"Right to privacy as a fundamental right – extension of article 21 of the indian constitution?","authors":"Pragyanshu Gautam","doi":"10.47743/rdc-2022-1-0007","DOIUrl":"https://doi.org/10.47743/rdc-2022-1-0007","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"30 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":"125234192","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-2020-2-0001
Ruxandra Bănică
The article aims to generate a preliminary radiography on the actual stage of digitalization of justice in Romania, offering a perspective on its evolution both domestically and internationally, a development forced, at least in appearance, by the COVID-19 pandemic and restrictions imposed by it. The electronic file, the usual use of electronic signatures in trials, as well as the multitude of information provided in the virtual environment by public judicial institutions are some essential aspects that define the beginnings of this deeply restructuring process. The most important question, on which no rigorous analysis has been carried out so far, remains the following: how does this process impact the constitutional rights of citizens? In the chase after the alignment to the European approaches, to the evolution and speed of the digital age in which we live, we lose sight of the fact that the Romanian citizens may not be prepared for this process. The human component fades in front of the benefits of artificial intelligence, adaptation at any cost is required by society, and indirectly, by the state, without providing the necessary resources in this regard. We propose a necessary reading from the perspective of affecting some rights guaranteed by the Constitution through digitization, aspects worthy of consideration.
{"title":"Digitization of justice in the context of the COVID-19 pandemic and the implications of digitalization on constitutional rights","authors":"Ruxandra Bănică","doi":"10.47743/rdc-2020-2-0001","DOIUrl":"https://doi.org/10.47743/rdc-2020-2-0001","url":null,"abstract":"The article aims to generate a preliminary radiography on the actual stage of \u0000digitalization of justice in Romania, offering a perspective on its evolution both \u0000domestically and internationally, a development forced, at least in appearance, \u0000by the COVID-19 pandemic and restrictions imposed by it. The electronic file, \u0000the usual use of electronic signatures in trials, as well as the multitude of \u0000information provided in the virtual environment by public judicial institutions \u0000are some essential aspects that define the beginnings of this deeply \u0000restructuring process. The most important question, on which no rigorous \u0000analysis has been carried out so far, remains the following: how does this \u0000process impact the constitutional rights of citizens? In the chase after the \u0000alignment to the European approaches, to the evolution and speed of the \u0000digital age in which we live, we lose sight of the fact that the Romanian citizens \u0000may not be prepared for this process. The human component fades in front of \u0000the benefits of artificial intelligence, adaptation at any cost is required by \u0000society, and indirectly, by the state, without providing the necessary resources \u0000in this regard. We propose a necessary reading from the perspective of \u0000affecting some rights guaranteed by the Constitution through digitization, \u0000aspects worthy of consideration.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"172 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":"133759142","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-2015-1-0005
T. Toader, Marieta Safta
{"title":"Development of Constitutionalism in Romania","authors":"T. Toader, Marieta Safta","doi":"10.47743/rdc-2015-1-0005","DOIUrl":"https://doi.org/10.47743/rdc-2015-1-0005","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"12 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":"134354174","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-2023-1-0005
Petrov Emanuel Mihai Antonescu
This article examines the importance of statistical analysis in comprehending the development and consequences of preliminary references within the Court of Justice of the European Union. This study examines the distribution of preliminary references from 2018 to 2022, focusing on trends, legal domains, and the participation of Member States. The results underscore the growing dependence on the Court of Justice of the European Union for the elucidation and implementation of European Union legislation. These references encompass a wide range of topics, including fundamental rights, policy domains, economic harmonization, and social measures. The analysis aims to identify emerging trends and challenges, with a particular focus on the significance of harmonizing legal interpretations and achieving uniformity among Member States. Statistical analysis is an indispensable tool for policymakers and legal practitioners, as it offers valuable insights that facilitate informed decision-making, policy formulation, and the ongoing enhancement of the legal framework within the European Union. Through the augmentation of legal certainty and coherence, the European Union has the potential to foster a more unified and lucid legal framework, thereby bolstering the overall cohesion and integrity of the European Union
{"title":"The importance of statistical analysis of the activity of the Court of Justice of the European Union with a focus on preliminary references","authors":"Petrov Emanuel Mihai Antonescu","doi":"10.47743/rdc-2023-1-0005","DOIUrl":"https://doi.org/10.47743/rdc-2023-1-0005","url":null,"abstract":"This article examines the importance of statistical analysis in comprehending the development and consequences of preliminary references within the Court of Justice of the European Union. This study examines the distribution of preliminary references from 2018 to 2022, focusing on trends, legal domains, and the participation of Member States. The results underscore the growing dependence on the Court of Justice of the European Union for the elucidation and implementation of European Union legislation. These references encompass a wide range of topics, including fundamental rights, policy domains, economic harmonization, and social measures. The analysis aims to identify emerging trends and challenges, with a particular focus on the significance of harmonizing legal interpretations and achieving uniformity among Member States. Statistical analysis is an indispensable tool for policymakers and legal practitioners, as it offers valuable insights that facilitate informed decision-making, policy formulation, and the ongoing enhancement of the legal framework within the European Union. Through the augmentation of legal certainty and coherence, the European Union has the potential to foster a more unified and lucid legal framework, thereby bolstering the overall cohesion and integrity of the European Union","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"29 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":"131827812","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-2015-1-0006
Aurel Baiesu
{"title":"Development of Constitutional Justice in the Republic of Moldova","authors":"Aurel Baiesu","doi":"10.47743/rdc-2015-1-0006","DOIUrl":"https://doi.org/10.47743/rdc-2015-1-0006","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"73 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":"115549104","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-2016-1-0006
T. Toader, Marieta Safta
The Constitutional Court has ruled that, by adhering to the legal order of the European Union, Romania agreed that, in those areas where exclusive jurisdiction is conferred on the European Union, regardless of the international treaties priorly signed, implementation of its obligations arising therefrom is subject to the rules of the European Union. Otherwise, this would result in the undesirable situation where, through bi or multilateral internationally assumed obligations, Member State would seriously affect the Union’s competence and, in practice, would act in its place in the aforementioned areas. For this reason, in the field of competition, any State aid falls within the competence of the European Commission and appeal proceedings fall within the jurisdiction of the European Union. Therefore, pursuant to Article 11 para. (1) and Article 148 para. (2) and (4) of the Constitution, Romania applies in good faith the obligations resulting from the Accession Instrument, without interfering with the exclusive competence of the European Union and, by virtue of the compliance clause contained in the text of Article 148 of the Constitution, Romania cannot adopt a legislative act contrary to the obligations assumed as a Member State. All those already highlighted are subject to certain limitations, expressed in what the Court described as “national constitutional identity”.
{"title":"Relationship between national, international and European law within the constitutional review in Romania","authors":"T. Toader, Marieta Safta","doi":"10.47743/rdc-2016-1-0006","DOIUrl":"https://doi.org/10.47743/rdc-2016-1-0006","url":null,"abstract":"The Constitutional Court has ruled that, by adhering to the legal order of the \u0000European Union, Romania agreed that, in those areas where exclusive jurisdiction is \u0000conferred on the European Union, regardless of the international treaties priorly signed, \u0000implementation of its obligations arising therefrom is subject to the rules of the \u0000European Union. Otherwise, this would result in the undesirable situation where, \u0000through bi or multilateral internationally assumed obligations, Member State would \u0000seriously affect the Union’s competence and, in practice, would act in its place in the \u0000aforementioned areas. For this reason, in the field of competition, any State aid falls \u0000within the competence of the European Commission and appeal proceedings fall within \u0000the jurisdiction of the European Union. Therefore, pursuant to Article 11 para. (1) and \u0000Article 148 para. (2) and (4) of the Constitution, Romania applies in good faith the \u0000obligations resulting from the Accession Instrument, without interfering with the \u0000exclusive competence of the European Union and, by virtue of the compliance clause \u0000contained in the text of Article 148 of the Constitution, Romania cannot adopt a \u0000legislative act contrary to the obligations assumed as a Member State. All those already \u0000highlighted are subject to certain limitations, expressed in what the Court described as \u0000“national constitutional identity”.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"92 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":"122875975","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：