COMMENTED CASE-LAW  Constitutional Court Decision no. 114 of 11 February 2026 – the limits of legislative delegation and the constitutional protection of the legal regime of property in the field of the transport infrastructure Cover Image
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JURISPRUDENŢĂ COMENTATĂ Decizia Curţii Constituţionale nr. 114 din 11 februarie 2026 – limitele delegării legislative şi protecţia constituţională a regimului juridic al proprietăţii în materia infrastructurii de transport
COMMENTED CASE-LAW Constitutional Court Decision no. 114 of 11 February 2026 – the limits of legislative delegation and the constitutional protection of the legal regime of property in the field of the transport infrastructure

Author(s): Mihaela Tofan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: a priori constitutional review; Government ordinances; commercial law; organic laws; enabling law;

Summary/Abstract: The Constitutional Court’s Decision No. 114 of 11 February 2026 represents one of the most recent rulings delivered in the area of a priori constitutional review of laws approving Government ordinances in the field of commercial law. Beyond the seemingly technical subject of the regulation — the simplification of the registration procedure for constructions related to national‑interest transport infrastructure and metro infrastructure — the Court was called upon to answer a fundamental constitutional question: may the Government, on the basis of an enabling law, amend through an ordinance rules that belong to the domain reserved for organic laws?

  • Issue Year: 2026
  • Issue No: 01
  • Page Range: 142-147
  • Page Count: 6
  • Language: Romanian
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