Consideraţii privind controlul de constituţionalitate pe acte normative abrogate şi cu soluţii legislative preluate în alte acte normative
Considerations related to the constitutionality of the repealed legislation and legislative solutions taken in other legislation acts

Summary/Abstract: Until June 2011, a case of inadmissibility on the subject of unconstitutionality was that the requirement the contested act be in force was not met. Judicial practice of the Court has observed this direction from the very beginning: "The intervention of the Constitutional Court in assessing the constitutionality of the legal rules that have ceased to exist before the date of December 8, 1991 would be contrary not only to its role and functions as established by the Constitution, but also to the legal doctrine, and would be a flagrant violation of the nonretroactivity of the law." (Decision no. 15/1993). In June 2011, a change of jurisprudence appears. In the Decision no. 766 of June 15, 2011, the Constitutional Court held that the argument in its jurisprudence, according to which the assessment of constitutionality of legal rules that have ceased to exist would be contrary to its role and functions, as established by the Constitution, and to the principle of retroactivity of the law, is found with no support in reality. By the aforementioned decision on the exception of unconstitutionality of article 29 paragraph (1) and article 31 paragraphs (1) and (3) of Law no. 47/1992 on organization and functioning of the Constitutional Court, the Court held that limiting the final and binding character of the decisions stating unconstitutionality of a law or ordinance or a provision of a law or of an ordinance to only those decisions that sanctioned texts law in force, limiting introduced by the provisions of art. 31 paragraph (1) of Law no. 47/1992, proves to be contrary to the Constitution.

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