Principiul previzibilității legii în contextul deciziilor Curții Constituționale nr. 297/2018 și nr. 358/2023
The principle of the foreseeability of the law in the context of the Constitutional Court’s decisions no. 297/2018 and no. 358/2022

Summary/Abstract: The article analyses the decisions of the Constitutional Court no. 297/2018 and no. 358/2022 and highlights two dimensions of the principle of foreseeability that were applied by the Constitutional Court, each with different consequences on the normative system. Proposing a global analysis from the angle of the legal system, the article shows that there are certain deficiencies in the method used by the Constitutional Court in Decision no. 358/2022 and which calls into question the usefulness of finding the unconstitutionality of a "legislative solution". Finally, the article highlights that the rigidity of the solution in Decision no. 358/2022 has as a possible cause the reluctance that the Constitutional Court shows towards the collaboration with the regular courts to reduce the tensions between a norm and the constitutional provisions within a normative system.

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