“Availability” and “predictability” of the law under the case law of the European Court of Human Rights and the Romanian Constitutional Court Cover Image
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„Accesibilitatea” și „previzibilitatea” legii în jurisprudența Curții Europene a Drepturilor Omului și a Curții Constituționale Române
“Availability” and “predictability” of the law under the case law of the European Court of Human Rights and the Romanian Constitutional Court

Author(s): Ion Deleanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: available; predictable; generality of the law; legislative mechanism.

Summary/Abstract: Availability and predictability of law – essential attributes of quality thereof – are and will certainly be some of the most common grounds for the conventional and constitutional control, not only because these legal requirements stand for fundamental premises of regulating and self-regulating social behaviour in a democratic society, but also because, inevitably, legal regulation always maintains a paradox, apparently insoluble: “the generality of the law” and its “accuracy”.Case law of the European court and the Romanian constitutional litigation court on the availability and predictability of the law is already sufficiently relevant to justify at least a synthetic outline in this area. This is what we attempt to do hereinafter.

  • Issue Year: 2011
  • Issue No: 08
  • Page Range: 52-82
  • Page Count: 31
  • Language: Romanian