De la aviz la efect: rolul Consiliului Legislativ ca apărător
tăcut al statului de drept
From advisory opinion to enforcement: the role of the Legislative Council as a silent guardian of the rule of law
Author(s): Andreea Sorina ZahariaSubject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Consiliul Legislativ al României
Keywords: Legislative Council; advisory opinion; legislative technique; quality of regulation; legal certainty; rule of law;
Summary/Abstract: The Legislative Council asserts itself as a true architect of legal order, and its opinion becomes the legislator's compass, guiding it toward rigor, clarity, and legislative consistency. This study is a scientific reflection on the role of the Legislative Council's opinion, not only as technical and legislative rigor, giving the law that nobility of form and meaning, but also as a specialized filter that guarantees that the legislative proposal or draft submitted for approval complies with the requirements of legality and security of legal relations, practically with the rigors of the rule of law. The analysis of the process of adopting legislative drafts, corroborated by the evaluation of the jurisprudence of the Constitutional Court, demonstrates that the purpose of this opinion goes beyond its advisory nature, constituting a veritable benchmark in the context of constitutional review, through the rigor of its construction, the opinion of the Legislative Council provides the Constitutional Court with the necessary arguments to find the normative acts unconstitutional. Thus, the conclusions of the research highlight that the opinion of the Legislative Council is not a mere formal stage in the legislative process, but through its function as a technical-legislative filter, the opinion contributes to protecting the security of legal relations, demonstrating that the authority of the legal norm does not stem exclusively from its binding force, but also from its clarity, coherence, and legitimacy.
Journal: BULETIN DE INFORMARE LEGISLATIVA
- Issue Year: 1/2026
- Issue No: 1
- Page Range: 36-45
- Page Count: 9
- Language: Romanian
