Predictability of the Law and the „Test” of Unpredictable Times Cover Image

Principiul previzibilităţii legii şi „testul” unor vremuri imprevizibile
Predictability of the Law and the „Test” of Unpredictable Times

Author(s): Constantin Pintilie
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Health and medicine and law
Published by: Universul Juridic
Keywords: pandemic; quality of the law; predictability; principle of predictability of law;

Summary/Abstract: The situation generated by the COVID-19 pandemic imposed a rapid reaction from the state authorities, through sanitary and economic measures. The authorities`actions adapted to the context and rapid changes that had taken place, but the need for swift and effective action had to be aligned with the rigors of the fundamental principles on which the Romanian state is based. The Constitutional Court was called upon to examine the constituitonality of the legal framework in which certain measures were taken, as well as numerous other laws by means of which the Parliament adopted various solutions to address the social and economic challenges caused by pandemic. One of the reasons invoked by the authors of the complaints was the violation of the requirements regarding the quality of the law (clarity, precision and predictability). The present article comments upon three decisions of the Constitutional Court in which, in one form or another, the observance of the principle of predictability of the law was analyzed within the judicial review of constitutionality.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 70-90
  • Page Count: 21
  • Language: Romanian