Romanian Constitutional Court and ist Active Role in Assuring the Supremacy of the Constitution
Romanian Constitutional Court and ist Active Role in Assuring the Supremacy of the Constitution
Author(s): Emil BălanSubject(s): Constitutional Law
Published by: Editura Universitară Danubius
Keywords: supremacy of the constitution; Constitutional Court; active role; loyal constitutional behaviour;
Summary/Abstract: Having read this paper, someone should have a general idea of some main constitutional concepts and principles and how they relate to the Romanian legal system. Romanian Constitutional Court is - according to art. 142 (1) of the Romanian Constitution - the guarantor of the Constitution’s supremacy. By virtue of this role, the Constitutional Court shall exercise general control of the compliance with the Constitution and the constitutionality of laws. The quality of guarantor allows the Constitutional Court to exercise an active role so that, throughout the provision of the decisions, but also throughout their considerations, which are imposed with equal force to all the legal issues/all subjects of law, it is put in view that the public authorities have the obligation of conform application of decisions, including of effects determined by them.
Journal: Acta Universitatis Danubius. Juridica
- Issue Year: 11/2015
- Issue No: 3
- Page Range: 31-38
- Page Count: 8
- Language: English