A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT
Most of the European countries have chosen the centralized system of constitutional review, performed by a unique authority empowered with the competence of removing from the normative ensemble those legal provisions that do not comply with the principles and rules comprised in the Basic Law. This „...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2016-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=03_public_law%2F&download=CKS+2016_public_law_art.053.pdf |
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| _version_ | 1846096386391539712 |
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| author | Valentina BĂRBĂŢEANU |
| author_facet | Valentina BĂRBĂŢEANU |
| author_sort | Valentina BĂRBĂŢEANU |
| collection | DOAJ |
| description | Most of the European countries have chosen the centralized system of constitutional review, performed by a unique authority empowered with the competence of removing from the normative ensemble those legal provisions that do not comply with the principles and rules comprised in the Basic Law. This „European model” has proved to be more appropriate than the so-called „American model” in what concerns the compatibility with the European jurisdictional mechanism. Romania has adopted the same European trend and the Constitutional Court has become a very important actor in the Romanian legal landscape. From the very beginning of its activity, it has influenced in a great measure the national normative system. It has been sometimes criticized and accused that it interferes in an excessive way in the legislative process. Due to its competence to regulate the juridical conflicts between the public authorities and its possibility to repeal laws before their promulgation, it has been many times in the centre of heavy attacks, mostly from different political forces, often driven through mass media. Nevertheless, despite of its detractors, the Constitutional Court has proven, over the years, its ability to develop the Romanian normative system. The present paper intends to display the most significant contribution of the Romanian Constitutional Court in improving various legal regulations. In the same time and much more important, using concrete examples from the Court’s case-law, the paper also intends to demonstrate that the Constitutional Court of Romania has been a major factor of improving peoples’ life, removing unconstitutional obstacles set in front of the unimpeded exercise of their fundamental rights and freedoms. |
| format | Article |
| id | doaj-art-2aea91a1bd3f4121a0ea36e75d6d3901 |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2016-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-2aea91a1bd3f4121a0ea36e75d6d39012025-01-02T06:49:03ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962016-05-016-344356A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURTValentina BĂRBĂŢEANU0University assistent, PhD, Faculty of Law, ”Nicolae Titulescu” University, BucharestMost of the European countries have chosen the centralized system of constitutional review, performed by a unique authority empowered with the competence of removing from the normative ensemble those legal provisions that do not comply with the principles and rules comprised in the Basic Law. This „European model” has proved to be more appropriate than the so-called „American model” in what concerns the compatibility with the European jurisdictional mechanism. Romania has adopted the same European trend and the Constitutional Court has become a very important actor in the Romanian legal landscape. From the very beginning of its activity, it has influenced in a great measure the national normative system. It has been sometimes criticized and accused that it interferes in an excessive way in the legislative process. Due to its competence to regulate the juridical conflicts between the public authorities and its possibility to repeal laws before their promulgation, it has been many times in the centre of heavy attacks, mostly from different political forces, often driven through mass media. Nevertheless, despite of its detractors, the Constitutional Court has proven, over the years, its ability to develop the Romanian normative system. The present paper intends to display the most significant contribution of the Romanian Constitutional Court in improving various legal regulations. In the same time and much more important, using concrete examples from the Court’s case-law, the paper also intends to demonstrate that the Constitutional Court of Romania has been a major factor of improving peoples’ life, removing unconstitutional obstacles set in front of the unimpeded exercise of their fundamental rights and freedoms.http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=03_public_law%2F&download=CKS+2016_public_law_art.053.pdfconstitutional reviewconstitutional courteffects of decisionshuman rightslegistative process. |
| spellingShingle | Valentina BĂRBĂŢEANU A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT Challenges of the Knowledge Society constitutional review constitutional court effects of decisions human rights legistative process. |
| title | A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT |
| title_full | A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT |
| title_fullStr | A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT |
| title_full_unstemmed | A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT |
| title_short | A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT |
| title_sort | pleading in favour of the constitutional court |
| topic | constitutional review constitutional court effects of decisions human rights legistative process. |
| url | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=03_public_law%2F&download=CKS+2016_public_law_art.053.pdf |
| work_keys_str_mv | AT valentinabarbateanu apleadinginfavouroftheconstitutionalcourt AT valentinabarbateanu pleadinginfavouroftheconstitutionalcourt |