A FEW REMARKS ON THE CONSTITUTIONAL COURT’S DECISIONS AND THE MORE FAVORABLE CRIMINAL LAW
A FEW REMARKS ON THE CONSTITUTIONAL COURT’S DECISIONS AND THE MORE FAVORABLE CRIMINAL LAW

Summary/Abstract: The effects of the decisions of the Constitutional Court of Romania, within the meaning of their application only for the future, have not been disputed for a long time. However, a tendency must be noted in the last period, at least on the part of the political environment, to recognize a retroactive effect to those who have declared as being unconstitutional a criminal law or part thereof. The topicality of the theme addressed is given by the transition from public political statements which impose a pressure on the judiciary system, to taking action, by depositing during the month of April 2018, to the Standing Bureau of the Senate a legislative project which aims inter alia the recognition of the retroactivity of the decisions of the Constitutional Court of Romania for the cases in which they can be assimilated to the more favorable criminal law (lex mitior). In the following we aim to do a brief analysis of the arguments invoked by those who support the retroactive application of the decisions of the Constitutional Court of Romania and who, using the legislative project reminded, aim to offer by law, a legitimacy of their retroactivity when they can be assimilated to the more favorable criminal law. Can such a perspective be supported? What would the main legal effects be in the situation in which the legislative initiative will be materialized in a law? These would be the challenges to which we try to outline an answer for in what follows.

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