{"title":"普通法院根据罗马尼亚宪法法院对《公约》的解释解释法律的既定义务","authors":"Mihaela Mazilu-Babel","doi":"10.47743/rdc-2016-1-0004","DOIUrl":null,"url":null,"abstract":"In the last years the Constitutional Court of Romania was asked to rule on the \nconstitutionality of the erga omnes obligatory interpretations provided by the \nHigh Court of Cassation and Justice. Through such constitutionality review, the \nConstitutional Court manages to impose its own interpretation of the European \nConvention on Human Rights on all national ordinary courts whenever such \ncourts are to ensure that the European Convention of Human Rights is observed \nand respected in a pending case. This paper sumarises a couple of such rulings, \npointing out that through such constitutionality review rulings, the Constitutional \nCourt of Romania has also established that it has the competence to impose, at \nthe national level, the unique interpretation that can be given to a norm \nwhenever that unique interpretation was already imposed by the High Court of \nCassation and Justice.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"24 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"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\":null,\"url\":null,\"abstract\":\"In the last years the Constitutional Court of Romania was asked to rule on the \\nconstitutionality of the erga omnes obligatory interpretations provided by the \\nHigh Court of Cassation and Justice. Through such constitutionality review, the \\nConstitutional Court manages to impose its own interpretation of the European \\nConvention on Human Rights on all national ordinary courts whenever such \\ncourts are to ensure that the European Convention of Human Rights is observed \\nand respected in a pending case. This paper sumarises a couple of such rulings, \\npointing out that through such constitutionality review rulings, the Constitutional \\nCourt of Romania has also established that it has the competence to impose, at \\nthe national level, the unique interpretation that can be given to a norm \\nwhenever that unique interpretation was already imposed by the High Court of \\nCassation and Justice.\",\"PeriodicalId\":421528,\"journal\":{\"name\":\"Revista de Drept Constituțional\",\"volume\":\"24 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista de Drept Constituțional\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.47743/rdc-2016-1-0004\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Drept Constituțional","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.47743/rdc-2016-1-0004","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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
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.