CLARITATEA, PRECIZIA ŞI PREVIZIBILITATEA ACTELOR NORMATIVE – CONDIŢII DE CONSTITUŢIONALITATE A ACESTORA
CLARITATEA, PRECIZIA ŞI PREVIZIBILITATEA ACTELOR NORMATIVE – CONDIŢII DE CONSTITUŢIONALITATE A ACESTORA

Summary/Abstract: In this study, the author examines the constitutionality-related conditions of the legal acts, namely, their clarity, precision and predictability, through two decisions of the Constitutional Court of Romania (D.C.C. no. 30/2016 and D.C.C. no. 31/2016). The structure and the body of the study reveal the comments on the constant case law of the Constitutional Court, and it was found that, even if the rules of legislative technique had no constitutional value, their regulation imposed a series of mandatory criteria for the adoption of any legal act, whose observance was needed for ensuring the systematization, unification and coordination of the legislation, as well as the legal content and form adequate for each legal act. Finally, the author puts forward brief considerations regarding the decisions of the Constitutional Court under which it quashed the constitutional nature of the criticized regulating provisions and decided that they breached art. 1 par. (5) of the Constitution.

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