Case-law as a source of law
Case-law as a source of law

Summary/Abstract: The legal norm is the only social norm enforced by the state. The law has to be clear, for people to know what the desirable conduct is. Case-law plays an important role in the clarity of the law. In the Romanian legal system, case law is not traditionally considered a source of law. Nevertheless, the demand for equality before law led to the creation of different procedural mechanisms for the convergence of caselaw, through decisions of the High Court of Cassation and Justice. According to the Romanian Constitution, international conventions regarding human rights and the legislation of the European Union prevails in the face of national law. With the international legal acts, the case-law of international courts that interpret them becomes a source of law. The paper is analysing the way case-law of the international courts and even national case-law is more and more a source of law in Romania, against the traditional view that considered it was not.

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