LATER CONTROL OF CONSTITUTIONALITY IN ROMANIA Cover Image

CONTROLUL POSTERIOR DE CONSTITUŢIONALITATE ÎN ROMÂNIA
LATER CONTROL OF CONSTITUTIONALITY IN ROMANIA

Author(s): Horea Crișan
Subject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: Constitution; regulations; fundamental freedoms human rights, interpretation of laws .

Summary/Abstract: One of the major results of the post 1989 Romanian society has been that of reassertion of the human dignity, the citizens’ rights and freedoms, as well as the free development of human personality among the fundamental values, which characterize the Romanian State. The Constitutional Court has had an essential contribution to this process. Through its activity of reforming the antinomies between the internal laws and the Constitution, it has granted priority to the international regulations referring to human rights, due to the above mentioned constitutional provisions. Between 1994 and 2003, by the approximate 380 decisions, in which the Court based a part of the passed solutions on the texts of the Convention for the defence of the human rights and fundamental freedoms, it contributed to the emphasis of the importance of these international provisions within the reference framework of the human rights legislation, and also to insure the accurate interpretation and enforcement of these regulations by the courts of law according to the constitutional provisions of article 147 paragraph (4), which ensures the compulsory character of the Constitutional Court’s decisions.

  • Issue Year: 1/2009
  • Issue No: 1
  • Page Range: 67-82
  • Page Count: 15
  • Language: Romanian
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