"Dialogue" of the High Courts CJEU – CCR – HCCJ, regarding the prescription of criminal liability Cover Image
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"Dialogue" of the High Courts CJEU – CCR – HCCJ, regarding the prescription of criminal liability
"Dialogue" of the High Courts CJEU – CCR – HCCJ, regarding the prescription of criminal liability

Author(s): Tudorel Toader
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: prescription of criminal liability; systemic risk analysis; the binding effect of the CCR's decisions; the request for a preliminary ruling; the effects of the CJEU decisions;

Summary/Abstract: The constitutional order is ensured by the jurisprudence of the constitutional court. The Court of Justice of the European Union cannot call for violation of the balance between state powers, nor for non-compliance with the principle of legality. The Supreme Court cannot disregard the case-law of the the Constitutional Court of Romania, it cannot establish the existence of a systemic risk, it cannot violate the principle of legality. The competences of the three High Courts are complementary without any collision.

  • Issue Year: 2022
  • Issue No: 01
  • Page Range: 11-22
  • Page Count: 12
  • Language: English