ROLUL JURISPRUDENȚEI CURȚII CONSTITUȚIONALE ȘI A JURISPRUDENȚEI INSTANȚELOR JUDECĂTOREȘTI ÎN REGLEMENTAREA INSOLVENȚEI PROFESIONIȘTILOR
The Role of The Constitutional Court Jurisprudence and Jurisdudence of The Common Courts in Regulation of The Insolvency of Professionals

Author(s): Nicoleta Țăndăreanu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: insolvency regulation; the role of the jurisprudence of the Constitutional Court; the role of the jurisprudence of the courts;
Summary/Abstract: Law no.85/2014 on insolvency and insolvency prevention procedures, generally named by theoreticians of ”Insolvency code”, as it sought to reunite, in a unitary conception, all existing insolvency regulations and insolvency prevention procedures, was grounded on social desiderata present and perspective, and on the case-law of the Constitutional Court and the courts.According to the jurisprudence of Constitutional Court, insolvency regulation is in the area of the primary law-the Parliament, the establishment of special procedures, taking into account the specificity of the procedure, can not be regarded as affecting the right of defense or the right to a fair trial, conditional upon the existence of excessive, objectively or rationally unreasonable requirements, which violate the provisions of art. 53 of the Constitution and regulation must comply with constitutional requirements on the quality of law (clarity, precision and predictability in terms of effective access to justice).The jurisprudence of the courts, including those issued by the High Court of Cassation and Justice in the framework of the unification mechanisms, determine the lawmaking in the sense of the realities established by the judicial practice, in agreement with other applicable normative acts.

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