Constituționalitatea unor dispoziții legale în materia societăţilor (comerciale) din perspectiva libertății economice/libertății de a întreprinde (Stu
The Constitutionality of Legal Provisions on Companies (Commercial Companies) in Terms of Economic Freedom / Liberty to Undertake (Case-Law Study)

Summary/Abstract: Provisions of Law no. 31/1990 were repeatedly subject to constitutional control in the light of article 45 of Romanian Constitution “Economic freedom”. Every time, the Constitutional Court asserted the constitutionality of the above mentioned provisions, on one of the following grounds: (a) firstly, the Court stated that the breach of the Constitution claimed by the authors of the unconstitutionality exceptions did not exist, (b) secondly, the Court considered there was a restriction on economic freedom`s exercise, but it respected the conditions imposed for such actions by the article 53 of the Constitution, (c) thirdly, the Court observed that the criticized provisions of Law no. 31/1990 were, in fact, a modality of implementing one of the State`s constitutional obligations, namely that to secure a free trade, protection of loyal competition, provision of a favourable framework in order to stimulate and value every factor of production (article 135).

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