CONSTITUTIONALITY AND REFERRAL IN THE INTERESTS OF THE LAW
CONSTITUTIONALITY AND REFERRAL IN THE INTERESTS OF THE LAW
Author(s): Cornelia Beatrice Gabriela Ene-DinuSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universitatea Nicolae Titulescu
Keywords: referral in the interests of the law; High Court of Cassation and Justice; source of law; supremacy of the Constitution; interpretation; unitary application; exception of unconstitutionality;
Summary/Abstract: Currently, in the Romanian legal system, the judge interprets and adapts law to the actual realities, remedies normative gaps and discovers remedies to inspire the legislator. In this regard, we should emphasize the role of the judicial precedent substantiated by means of the decisions of the High Court of Cassation and Justice, ruled within the referral in the interests of the law, given that, such judgments create general rules of interpretation and application of the legal provisions which generate non-unitary practices. There are situations in which the interpretation of the legal texts, offered by the High Court of Cassation and Justice, is subject to a constitutional review exercised by the Romanian Constitutional Court.
Journal: LESIJ - Lex ET Scientia International Journal
- Issue Year: XXIX/2022
- Issue No: 1
- Page Range: 66-74
- Page Count: 9
- Language: English