Principii constituționale românești: fundamente și impactul lor în sistemul național de drept penal – analiză jurisprudențială
Romanian Constitutional Principles: Foundations and Their Impact in The National Criminal Law System - Jurisprudential Analysis

Author(s): Ştefan Bălan
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: Principles; Legal; Criminal; Constitution; Law;
Summary/Abstract: The Romanian constitutional principles represent the foundation on which the country's entire legal system is based and exert a significant impact within the criminal law system. These principles enshrined in the Constitution have been developed and consolidated over time, reflecting the fundamental values of Romanian society and international standards in the field of human rights and justice. Among the Romanian constitutional principles with a major impact in criminal law are the legality and proportionality of punishment, the presumption of innocence, the right to defense and to a fair trial, the separation of powers in the state and equality before the law. The specification contained in Article 1 highlights that compliance with the Constitution and laws is a fundamental duty. The Constitution represents the primary and formal source of law, being the fundamental legal and political act of the Romanian state, placed at the top of the hierarchy of the legal system. Being the fundamental source of constitutional law and a defining element of the rule of law, compliance with the Constitution implies strict and full compliance of all other laws with its provisions, known as the principle of constitutional loyalty. The verification of compliance with this principle rests with the Constitutional Court, an institution that is the guarantor of constitutional supremacy and that pronounces generally binding decisions with an erga omnes character. Regarding the national criminal law system, the Constitution creates rules, concepts and principles essential to the proper functioning of the judicial system and guarantees the rights, freedoms and fundamental duties of citizens in order to respect the right to defense and a fair trial, thus adapting the entire national legislation to the normative framework established by the fundamental law.

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