VIII. JURISPRUDENŢA CURŢII CONSTITUŢIONALE A ROMÂNIEI Capacitatea juridică a persoanei în jurisprudenţa Curţii Constituţionale
VIII. CASELAW OF THE CONSTITUTIONAL COURT OF ROMANIA Legal Capacity of the Person in the Jurisprudence of the Constitutional Court

Summary/Abstract: In this section of jurisprudence, we aimed to present the legal capacity of the person, seen from the perspective of the Constitutional Court of Romania (CCR), capturing both the normative solutions of the Romanian legislator in relation to the Fundamental Law in its initial form in 1991 and to those subsequent to the revision of 2003. For this purpose, we will refer to the physical person, who may face, throughout life, situations towards which he cannot remain impassive – minority, lack of discernment, discrimination – which is generically expressed through legal capacity. We will show that there is a multidisciplinary reception in legislation of legal capacity. Thus, civil capacity consists in the ability of the person to exercise civil rights and to assume civil obligations, by concluding legal acts, dividing into capacity to use and capacity to exercise. The criminal capacity is the person's ability to commit an act as stipulated by criminal law, assuming its consequences, by restricting or depriving rights and freedoms as a result of criminal sanctions. The standing capacity is approached from the perspective of constitutional guarantees related to the right to a fair trial enjoyed by both physical and legal persons. We will also refer to legal capacity in employment relationships and situations involving the capacity of a legal person governed by public or private law. In line with the complexity and broad scope of application of the concept of "legal capacity", there have been, in practice, numerous situations that have generated a constitutionality analysis, some solutions of the constitutional court being admitted, and others rejected.

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