The reflection of the procedural requirements to ensure the quality of the law in the case law of the Constitutional Court of Romania Cover Image
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Reflectarea cerinţelor procedurale pentru garantarea calităţii legii în jurisprudenţa Curţii Constituţionale a României
The reflection of the procedural requirements to ensure the quality of the law in the case law of the Constitutional Court of Romania

Author(s): Ioan Vida, Ioana-Cristina Vida
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: accessibility; accuracy; predictability; legal certainty; extrinsic constitutionality; intrinsic constitutionality; bicameralism; ordinance; law;

Summary/Abstract: In this paper we intent to explain what is meant by the phrase "quality of the law", in terms of the constitutional provisions and reported to the jurisdiction of the Constitutional Court of Romania. In this endeavor, we will find out that the idea quality of law is closely related to the principle of legal certainty and the rule of law. In order to achieve our objectives, we will present, by way of example, the case-law of our constitutional litigation court and we will analyze the Constitutional Court's Decision no. 377/2017 (published in the Official Gazette of Romania, Part I, no. 586, from July 21, 2017). We will follow on text both the arguments invoked and the observance of the conditions of form and substance required to comply with the constitutional requirements.

  • Issue Year: 2017
  • Issue No: 04
  • Page Range: 83-92
  • Page Count: 10
  • Language: Romanian