Dreptul fundamental între defi niţie şi efecte juridice
The Fundamental Law, between Definition and Legal Effects

Summary/Abstract: The article discusses the main lines of research in the field of individual rights, as defined in the French and German legal systems. The choice of system is determined by the fact that each represents a crucial moments in the development of these rights: the natural rights, and the basic rights. The importance of the notion of basic rights and its definition in the jurisprudence of the Constitutional Council generated, in the French legal order, the need to define the doctrine and even the existence of such a legal category in the system. The age of this notion in the German system made the most important doctrinal debate move beyond the need to acknowledge fundamental law as a new legal category, and discuss the effects of this category of rights on the legal order. These effects depend on the double nature, objective and subjective, of fundamental rights in the German order, as defined under constitutional jurisprudence. This descriptive discussion of specific legal aspects of fundamental rights in the two legal orders is justified by the fact that formulating a Romanian view of the matter depends directly on such issues.

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