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}
Pub Date : 1900-01-01DOI: 10.47743/rdc-2021-1-0005
Asmita Patel
Modern fast-progressing society has brought advancements in science and technology touching almost all aspects of our cultural and social lives. Law enforcement is not an exception to it with DNA Profiling being a giant leap in investigation procedure. Despite wide application in law enforcement in many countries of the world, India does not have a standalone law regulating the application of DNA as a method of identification yet. Further, admissibility and reliability of DNA evidence is a debated issue and a comprehensive study of legislative and judicial discourse is necessary to appreciate its value and bring reformation in the regulatory framework. This paper firstly discusses the meaning and concept of DNA profiling including its significance and application in criminal and civil investigations. Secondly, the present legal framework in India concerning DNA Profiling is discussed to analyze the shortcomings and insufficiency. Thirdly, the judicial approach towards evidentiary value of DNA Profiling is discussed. In the fourth part of the paper, the author has addressed the constitutional challenges to DNA profiling in India and provided suggestions and recommendations to make it more comprehensive and accountable. The paper concludes with the way forward in this legal reformative discourse around DNA profiling. The nature of research is doctrinal and both primary and secondary sources of data comprising of legislations, regulations, debates, research papers, journals, books, newspaper articles and judgments are relied upon by the author.
{"title":"CRITICAL ANALYSIS OF DNA PROFILING IN INDIA: CONSTITUTIONAL CHALLENGES AND THE WAY AHEAD","authors":"Asmita Patel","doi":"10.47743/rdc-2021-1-0005","DOIUrl":"https://doi.org/10.47743/rdc-2021-1-0005","url":null,"abstract":"Modern fast-progressing society has brought advancements in science and technology \u0000touching almost all aspects of our cultural and social lives. Law enforcement is \u0000not an exception to it with DNA Profiling being a giant leap in investigation \u0000procedure. Despite wide application in law enforcement in many countries of \u0000the world, India does not have a standalone law regulating the application of \u0000DNA as a method of identification yet. Further, admissibility and reliability of \u0000DNA evidence is a debated issue and a comprehensive study of legislative and \u0000judicial discourse is necessary to appreciate its value and bring reformation in \u0000the regulatory framework. This paper firstly discusses the meaning and concept \u0000of DNA profiling including its significance and application in criminal and civil \u0000investigations. Secondly, the present legal framework in India concerning DNA \u0000Profiling is discussed to analyze the shortcomings and insufficiency. Thirdly, the \u0000judicial approach towards evidentiary value of DNA Profiling is discussed. In the \u0000fourth part of the paper, the author has addressed the constitutional challenges \u0000to DNA profiling in India and provided suggestions and recommendations to \u0000make it more comprehensive and accountable. The paper concludes with the \u0000way forward in this legal reformative discourse around DNA profiling. \u0000The nature of research is doctrinal and both primary and secondary sources of \u0000data comprising of legislations, regulations, debates, research papers, journals, \u0000books, newspaper articles and judgments are relied upon by the author.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"16 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":"125291701","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-2021-2-0006
Ela Elezi
{"title":"Recent developments in Albanian Constitutional Justice","authors":"Ela Elezi","doi":"10.47743/rdc-2021-2-0006","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0006","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"2 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":"130650553","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-2016-1-0005
Migena Leskoviku
In this paper, have been treated some historical aspect about the establishment of the Constitutional Court, based on the Law no. 7191 of 29 April 1991 on the principle constitutional provisions. The Parliament adopted a new law – the Law no. 8577 of 10 February 2000 on the organization and functioning of the Constitutional Court of the Republic of Albania. During the activity of the Constitutional Court since its establishment in 1992, it has handled different kind of cases based on its competences, creating a rich and bold jurisprudence. An important place in this paper takes the Constitutional control exercised by Albanian Constitutional Court. The paper treats the evolution of jurisprudence of the Constitutional Court in Albania, to guarantee the principles of the constitutionality.
{"title":"Constitutional Court of Albania, the development of its jurisprudence to guarantee the principle of constitutionality","authors":"Migena Leskoviku","doi":"10.47743/rdc-2016-1-0005","DOIUrl":"https://doi.org/10.47743/rdc-2016-1-0005","url":null,"abstract":"In this paper, have been treated some historical aspect about the establishment of the \u0000Constitutional Court, based on the Law no. 7191 of 29 April 1991 on the \u0000principle constitutional provisions. The Parliament adopted a new law – the \u0000Law no. 8577 of 10 February 2000 on the organization and functioning of the \u0000Constitutional Court of the Republic of Albania. During the activity of the \u0000Constitutional Court since its establishment in 1992, it has handled different \u0000kind of cases based on its competences, creating a rich and bold jurisprudence. \u0000An important place in this paper takes the Constitutional control exercised by \u0000Albanian Constitutional Court. The paper treats the evolution of jurisprudence \u0000of the Constitutional Court in Albania, to guarantee the principles of the \u0000constitutionality.","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":"128143501","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-2022-2-0001
Dan Claudiu Dănișor
{"title":"CULTURAL CONTEXTUALIZATION OF MODERN LIBERAL CONSTITUTION","authors":"Dan Claudiu Dănișor","doi":"10.47743/rdc-2022-2-0001","DOIUrl":"https://doi.org/10.47743/rdc-2022-2-0001","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"43 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":"127622247","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-2022-2-0008
Andreea Costin
{"title":"THE ROLE OF THE LEGISLATIVE COUNCIL IN THE CASE-LAW OF THE CONSTITUTIONAL COURT OF ROMANIA","authors":"Andreea Costin","doi":"10.47743/rdc-2022-2-0008","DOIUrl":"https://doi.org/10.47743/rdc-2022-2-0008","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"18 Suppl 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":"125735340","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-2021-2-0004
A. Niță
The goal of a quality legislation can be achieved only through the conjugated effort of all parties involved in the legislative procedure. And one of these actors is the Legislative Council – a consultative specialized organ of the Parliament, which has the constitutional mission of giving opinions on bills with the aim to systematize, unify and coordinate the entire legislation, as well as keeping track of the Romanian laws. Beginning with some brief historical accounts concerning the Legislative Council, the present study approaches the activity of giving opinions on legislative bills, it shows the legal regime of this activity as seen from the standpoint of the case law of the Constitutional Court of Romania and it invites reflection on the necessity to consolidate the role of the Legislative Council within the complex arrangement of the legislative mechanism.
{"title":"The Legislative Council – an advisory body of the Parliament ensuring the quality of the law, a main condition for the rule of law","authors":"A. Niță","doi":"10.47743/rdc-2021-2-0004","DOIUrl":"https://doi.org/10.47743/rdc-2021-2-0004","url":null,"abstract":"The goal of a quality legislation can be achieved only through the conjugated effort of all parties involved in the legislative procedure. And one of these actors is the Legislative Council – a consultative specialized organ of the Parliament, which has the constitutional mission of giving opinions on bills with the aim to systematize, unify and coordinate the entire legislation, as well as keeping track of the Romanian laws. Beginning with some brief historical accounts concerning the Legislative Council, the present study approaches the activity of giving opinions on legislative bills, it shows the legal regime of this activity as seen from the standpoint of the case law of the Constitutional Court of Romania and it invites reflection on the necessity to consolidate the role of the Legislative Council within the complex arrangement of the legislative mechanism.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"60 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":"134396127","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-2022-1-0001
T. Toader
{"title":"“Dialogue” of the High Courts CJEU – CCR – HCCJ, regarding the prescription of criminal liability","authors":"T. Toader","doi":"10.47743/rdc-2022-1-0001","DOIUrl":"https://doi.org/10.47743/rdc-2022-1-0001","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"39 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":"131170945","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-2020-2-0003
ANDREI-NICOLAE Popa
This article begins from the hypothesis that the state of emergency should be able to be established only for reasons of national security. The main argument is that a state of emergency should be established for causes of an exceptional nature and other than those for which the exercise of fundamental rights and freedoms is currently restricted. The content of this article demonstrates that the state of emergency is a defensive- offensive act through which the state temporarily suspends some legal institutions, replacing them with others, to protect the existence of the state itself (seen as population, territory, sovereignty), this being the supreme value. protected by such measures
{"title":"State of emergency for reasons of national security","authors":"ANDREI-NICOLAE Popa","doi":"10.47743/rdc-2020-2-0003","DOIUrl":"https://doi.org/10.47743/rdc-2020-2-0003","url":null,"abstract":"This article begins from the hypothesis that the state of emergency should be able to be \u0000established only for reasons of national security. The main argument is that a \u0000state of emergency should be established for causes of an exceptional nature \u0000and other than those for which the exercise of fundamental rights and \u0000freedoms is currently restricted. The content of this article demonstrates that \u0000the state of emergency is a defensive- offensive act through which the state \u0000temporarily suspends some legal institutions, replacing them with others, to \u0000protect the existence of the state itself (seen as population, territory, \u0000sovereignty), this being the supreme value. protected by such measures","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"6 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":"123739831","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-2023-1-0007
Teodoro Yan Guzman Hernández, S. Bagni
{"title":"Short review of the I International Congress of Comparative and Constitutional Law „CUBA CON-PARA 2023″","authors":"Teodoro Yan Guzman Hernández, S. Bagni","doi":"10.47743/rdc-2023-1-0007","DOIUrl":"https://doi.org/10.47743/rdc-2023-1-0007","url":null,"abstract":"","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"2 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":"121353433","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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