Aspects de la culture juridique roumaine. Problèmes actuels et droits de l’homme
Aspects of the Romanian juridical culture. Topical issues and human rights

Summary/Abstract: After the Revolution of 1989, the Romanian law underwent major transformations, both as a result of its coming back to the great Roman-Germanic system of law and by its harmonization with the international human rights treaties where our country had become a party in recent years, first of all the Universal Declaration of Human Rights, a fact that is consecrated under article 20 in the Constitution of Romania. Once a member State of the European Union, the Community legal order became compulsory and preeminent in relation to the present domestic legislation, which is in the process of being harmonized with the international legal order. The derived Community institutional law was also assimilated by the Romanian legal system and the Romanian tribunals, which directly apply it whenever the sources of the Community law are not to be found in the domestic legislation, or there are inconsistencies between the latter and the respective sources. The Romanian tribunals apply the jurisprudence of the Court of Justice of the European Communities as well as that of the European Court of Human Rights. Although they are not regarded as sources of law, these two jurisprudences play an important part in the interpretation and the application of the provisions related to the commercial law and the civil law, or for the adjacent legislation, while achieving a necessary standardization of the judicial practice. The new Civil Code, expected to become effective in 2011, as well as the new Criminal Code, the Civil Procedure Code and the Criminal Procedure Code, respond to the important challenge that the law-maker, the jurisprudence and the doctrine had to solve – rebuild the private property system, eliminate the socialist property law and restore the tradition of the right to private property, a right that was gradually consecrated by the legislation following the year 1989. The Civil Code provisions re-introduce the institutions needed for the promotion and the protection of human rights, institutions that were eliminated during the dictatorship years thus meeting the requirements of the contemporary society governed by the rule of law.

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