The Constitutionalisation of Codification in Romanian Law
The Constitutionalisation of Codification in Romanian Law

Summary/Abstract: The paper aims to explain the role of codification in our societies, in which degree the objectives of rationalization and unification of law are accomplished in Romania and what is the proper way to conceive the legal system of codification in order to counteract the inflation and instability of the law. The study concerns the evolution of codification in post-totalitarian Romania, in relation to the Civil Code and the Criminal Code. From this perspective, the constitutionalisation of the procedures of codification, of the areas that can be codified and the constitutionality control of the codification can lead to finding the equilibrium between the need to change and adapt the legislation and the imperative of predictability and legal security. The solution to the lack of predictability and the incoherence of the law is to create a new category of normative rules, i.e. the codes, protected from political majorities by a special procedure, with certain areas reserved and a procedure of control, all of these guaranteed by the Constitution.

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