CONSTITUTIONAL COURT’S ROLE IN SUBSTANTIATING THE LEGAL REGIME OF LIBERAL PROFESSIONS IN ROMANIA Cover Image

LE RȎLE DE LA COUR CONSTITUTIONELLE DANS LA CONSOLIDATION DU RÉGIME JURIDIQUE DES PROFESSIONS LIBÉRALES EN ROUMANIE
CONSTITUTIONAL COURT’S ROLE IN SUBSTANTIATING THE LEGAL REGIME OF LIBERAL PROFESSIONS IN ROMANIA

Author(s): Marieta Safta, Tudorel Toader
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Bibliotheca
Keywords: liberal professions; labor rights; the right of association; competition; services

Summary/Abstract: In a legal framework characterized by the adoption - in a relatively short time – of many laws that have established liberal professions - some of them new, some with a tradition interrupted for decades -, and under the continuous effort to adjust these laws with the development of the market services and with the European legislation, the occurrence of regulatory failure and even constitutional issues of the regulations was almost inevitable. In this perspective, the role of the Constitutional Court, whose main competence (at least quantitatively) is to ensure the constitutional review of laws and ordinances, is highly significant. The Constitutional Court's case-law compensated, to a large extent, the lack of regulatory framework, in the sense that it outlined the basic rules governing the legal status of professions and their characterization made in relation to the existing constitutional framework, thus contributing to the correct perception of the liberal professions and their specific. The study presents the rules, features and specificity characteristics as drawn from the case-law of the Constitutional Court, in order to emphasize the role of this Court in substantiating the legal regime of liberal professions in Romania

  • Issue Year: 2013
  • Issue No: 1 (18)
  • Page Range: 70-90
  • Page Count: 19
  • Language: French
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