Interpretarea evolutivă a libertăţii economice/libertăţii de a întreprinde. Comentariu cu privire la Decizia Curţii Constituţionale nr. 498/2012 (Stud
Author(s): Andreea Teodora Stănescu
Evolutionary interpretation of economic freedom /freedom to undertake. Commentary on Decision no. 498/2012 of the Constitutional Court (Case Study).
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: evolutionary interpretation; economic freedom; freedom to undertake
Summary/Abstract: Decision no. 498/2012 of the Constitutional Court on art. 1 lit. g) of Law no. 12/1990 brings to the fore two legal issues: 1) Change of the jurisprudence of the Constitutional Court, as in regard with art. 1 lit. g) of Law no. 12/1990 two decisions of the Constitutional Court have been issued, enshrining contrary decisions (to reject, namely to admit the objection) and 2) the concept of evolutionary interpretation, as the basis for the change in jurisprudence of the Constitutional Court, given that the reconsideration of the jurisprudence was the result of a change in vision on the content of the fundamental right covered by art. 45 "Economic freedom", in conjunction with the State's obligations contained in art. 135 "Economy".
- Issue Year: 2013
- Issue No: 12
- Page Range: 667-681
- Page Count: 5
- Language: Romanian