DISCUSSION REGARDING THE POSSIBILITY OF CONSIDERING THE CONSTITUTIONAL COURT’S CASE-LAW AS A SOURCE OF LAW
DISCUSSION REGARDING THE POSSIBILITY OF CONSIDERING THE CONSTITUTIONAL COURT’S CASE-LAW AS A SOURCE OF LAW

Summary/Abstract: The paper intends to analyze the effect of the Constitutional Court’s case-law on the whole ensemble of the Romanian legislation and to find out whether its case-law may be considered as a source of law. The Constitutional Court intercedes both in the stage of the legislative creation of the norm, by means of a priori constitutional review, and in the stage of the application of the norm, after its entry into force, performing an a posteriori review of constitutionality. This activity of the Court influences the normative system, the result of declaration as unconstitutional of a statute or of an ordinance being the cessation of the respective normative act’s effect if the Parliament or the Government, where the case, doesn’t react and correct the text. Due to the generally binding effect of the Constitutional Court’s decisions, its interpretation of certain normative provisions gains also a special significance. The idea underlined in the paper is that its decisions don’t have a direct normative value, but only a mediate one.

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