Dans la direction d’une rédéfinition de la relation entre l’ordre constitutionel communiste et celui de l’État de droit?
Trying to redefine the relation between the communist constitutional order and that of the State of Right?

Summary/Abstract: Trying to redefine the relation between the communist constitutional order and that of the State of Right? Considerations on the Decision n° 51/2008 of the Romanian Constitutional Court. This article focuses on the critical analysis of the Decision n° 51/2008 of the Constitutional Court of Romania. That particular judgment is, in summary, an involution of the constitutionalism in our country, because it represents a model of interpretation of the Constitution which can not be considered neutral. The main critique is represented by the fact that the Court exclusively melted the decision on the interpretation „à la lettre” of the Constitution, hence ignoring the constitutional values and principles. Furthermore, by declaring as nonconstitutional the entire Law n° 187/1999, the Court exceeded its own competences; on the other hand, it limited the exercise of the basic right concerning the access to information of public interest. The qualification of the CNSAS (The National Council for Study of the former Securitate Services Archives) by the Court, as an obligatory administrative jurisdiction and also as an extraordinary instance is deeply erroneous: the CNSAS represents in fact a legal method to guarantee the access to information of public interest, trying in this manner to replace the effects of a lustration law. The relations between the communist constitutional order and that post-communist one are characterized by a rupture, marked by two mechanisms of the State of Right, i.e. the Constitutional Court and the CNSAS. Nevertheless, in its Decision n° 51/2008 the Constitutional Court denies the necessity and the significance of the CNSAS.

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