ASSIMILATION AND EQUIVALENCE OF THE EFFECTS OF THE DECISIONS OF THE CONSTITUTIONAL COURT OF ROMANIA WITH THOSE OF A REPEAL/MODIFICATION LAW Cover Image

ASIMILAREA ŞI ECHIVALAREA EFECTELOR DECIZIILOR CURŢII CONSTITUŢIONALE A ROMÂNIEI CU CELE ALE UNEI LEGI DE ABROGARE/MODIFICARE
ASSIMILATION AND EQUIVALENCE OF THE EFFECTS OF THE DECISIONS OF THE CONSTITUTIONAL COURT OF ROMANIA WITH THOSE OF A REPEAL/MODIFICATION LAW

Author(s): Nasty Vlădoiu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: assimilation; equivalence; Constitutional Court of Romania; repeal; amendment; review;

Summary/Abstract: The article analyzes the opinion of the Constitutional Court of Romania regarding the assimilation and equivalence of the effects of the decisions of the Constitutional Court which state the unconstitutionality of preexisting legal texts with those of a law of decriminalization – repeal/amendment. At the same time, the article discusses the possibility of extending such vision, taking into consideration the recitals of Decision no. 651 of October 25, 2018, to institutions of procedural civil law. From this perspective, the analysis referred to review institution. The Constitutional Court came up with a solution to the issue of assimilation and equivalence in terms of the effects of decisions of the Constitutional Court to those of decriminalization laws through repeal/amendment (in criminal law and criminal procedural law), leaving open the opportunity of asking some legitimate questions, on this subject, for other disciplines as well, such as civil procedural law.

  • Issue Year: 2019
  • Issue No: 03
  • Page Range: 35-41
  • Page Count: 6
  • Language: Romanian