Obligativitatea deciziilor Curții Constituționale pentru instanțele judecătorești
The binding nature of the decisions by the Constitutional Court for the courts of law

Summary/Abstract: Stability is an essential characteristic feature with a constitution. The French revolutionaries demanded that the Fundamental Act be stable and superior to other laws. Stability is the result of several interacting factors. Some refer to the revision procedure, others to the way the constitutional provisions are applied, including the courts of law. In this process of providing stability, the Constitutional Court plays a particularly important role in its capacity as guarantor of the Constitution's supremacy. The binding nature of its decisions in relation to the courts of law is not only an element of stability of the Constitution but also one to help its further development. To the extent they absorb the changes taking place at social level, these decisions give new meanings to the terms of the Constitution, the concepts in the field of human rights with which the former operates. In this respect, the author presents a number of decisions relatively to the rights and freedoms laid down in the Constitution.

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