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„Logica” unei decizii a Curţii Constituţionale
The „Logic” of a Constitutional Court Decision

Author(s): Gabriel Andreescu
Subject(s): Politics / Political Sciences
Published by: Centrul de Studii Internationale
Keywords: insult; calumny; moral damages; reasonability; Criminal Code; Constitutional Court

Summary/Abstract: The article analyzes the Decision of the Constitutional Court no. 62 of 18 January 2007. It aims to show that the de-criminalization of insult and calumny, the object of said Decision, poses questions not of constitutionality – for it doubtlessly is constitutional – but of reasonability. In its „argument”, the Constitutional Court uses premises which, if accepted, would trigger radical consequences. The article shows that notions such the one that moral damages do not provide legal protection imply that any violation of the fundamental rights and freedoms needs a correlative sanction in the Criminal Code. The article claims that not only are the Court’s premises faulty, but its inferences fail to follow the rules of logic.

  • Issue Year: 2007
  • Issue No: 1
  • Page Range: 14-25
  • Page Count: 12
  • Language: Romanian