The Protection of the Right to Legal Certainty by the Constitutional Court – on some Developments from the Case law of 2020 Cover Image

Protecţia dreptului la siguranţă juridică de către Curtea Constituţională – despre anumite evoluţii din jurisprudenţa anului 2020
The Protection of the Right to Legal Certainty by the Constitutional Court – on some Developments from the Case law of 2020

Author(s): Madalina Nica
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Court case
Published by: Universul Juridic
Keywords: the right to legal certainty; legal security; legitimate expectations; quality requirements of the law; Law no. 24/2000;

Summary/Abstract: During 2020, the Constitutional Court issued numerous decisions with a high degree of complexity and relevant to the protection of persons` right to legal certainty. We chose to approach mainly the Decision nr. 678/2020, in which the Constitutional Court maintained its repositioning, that we consider unfortunate, regarding the requirement to motivate and substantiate the laws, a guarantee for the legal certainty. The Court also considered that establising, by law, the Parliament`s competence to set the date of the parliamentary elections did not contradict the legal certainty of the subjects of fundamental electoral rights, an aspect that we will question with the intention of keeping the questioning open. This intentions animates our entire approach, related to the systemic purpose of protecting rights and freedoms, including that of legal certainty, typical for the Romasnina liberal state.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 25-59
  • Page Count: 35
  • Language: Romanian