Clarity, accuracy and predictability – necessary requirements for the obedience with the Constitution, with its supremacy and with the laws in Romania Cover Image
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Claritatea, precizia și previzibilitatea – cerințe necesare pentru respectarea Constituției, a supremației sale și a legilor în România
Clarity, accuracy and predictability – necessary requirements for the obedience with the Constitution, with its supremacy and with the laws in Romania

Author(s): Roxana-Mariana Popescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: clarity; accuracy; predictability; the Romanian Constitution, republished version; decisions of the Constitutional Court.

Summary/Abstract: On number of occasions, the Constitutional Court is in the position to determine whether a norm is constitutional or not, referring to the provisions of Article 1 (5) of the Constitution, republished version. In order to comply with the provisions of this article, it is necessary for the law, the obedience of which is required by the very first article of the Basic Law, to be clear, precise and predictable. There are numerous decisions of the Constitutional Court which state that the law is devoid of „quality”, i.e. the law is not clear, precise and predictable. The non-compliance of these requirements results in a violation of the provisions of Article 6 (1) of the Law No 24/2000 on normative technical norms for the drafting of normative acts, republished, subsequently amended and supplemented, according to which the draft of the normative act must establish necessary, sufficient and possible rules leading to the greatest legal stability and efficiency. Thus, whenever the legislator uses notions whose legal nature is uncertain or do not integrate from the conceptual point of view into the normative system, or when the legislator resorts to the use of innovative concepts in the normative acts and does not define them in their very content, the Constitutional Court will have all the reasons to establish that the provisions of Article 1 (5) of the Constitution are violated, the text being inadequately drafted.

  • Issue Year: 2017
  • Issue No: 09
  • Page Range: 78-87
  • Page Count: 10
  • Language: Romanian