Effects of Constitutional Court decisions [made under Art. 146 item D) of the Constitution] in the dynamics of their implementation Cover Image
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Efectele deciziilor Curții Constituționale [pronunțate în temeiul art. 146 lit. d) din Constituția României] în dinamica aplicării lor
Effects of Constitutional Court decisions [made under Art. 146 item D) of the Constitution] in the dynamics of their implementation

Author(s): Mihaela Senia Costinescu, Karoly Benke
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: Constitutional Court; Rulings finding the unconstitutionality; generally binding effects of such rulings; casuistry.

Summary/Abstract: Pursuant to Art. 147, paragraph (4) of the Romanian Constitution republished on October 31, 2003, “Rulings of the Constitutional Court shall be published in the Official Gazette of Romania. As from their publication, rulings shall be generally binding and effective only for the future”, and pursuant to Art. 147 paragraph (1) of the said Constitution, the provisions of the laws, ordinances and regulations in force found to be unconstitutional shall cease their legal effects within 45 days of the publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case may be, cannot bring into line the unconstitutional provisions with the provisions of the Constitution. Under these constitutional requirements, the study’s authors comprehensively examine the casuistry these rules have generated, the Constitutional Court jurisprudence in the matters and so on, and the delicate situation arisen because neither the Constitution nor any other law expressly regulates the state of laws or Government ordinances (no longer existing) declared unconstitutional.

  • Issue Year: 2012
  • Issue No: 10
  • Page Range: 104-128
  • Page Count: 25
  • Language: Romanian