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Le contrôle de conventionnalité de la révision constitutionnelle
Le contrôle de conventionnalité de la révision constitutionnelle

Author(s): Corneliu Liviu Popescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: constitutional amendment; constitutionality review; conventionality review; subsidiarity;

Summary/Abstract: A substantive limit of the constitutional amendment in Romania is the preservation of the current minimum level of protection of fundamental rights, thus no amendment that would diminish this standard is allowed. As the constitutional rules in the field of fundamental rights must be interpreted and applied according to the international conventional and jurisprudential rules in this matter, this means that a constitutional amendment contrary to these international rules would be unconventional and unconstitutional and, as a consequence, invalidated by the Constitutional Court. Thus, these rules have priority towards the constitutional amendment laws, which express the will of the 'pouvoir constituant dérivé', the constitutional jurisdiction becoming the guardian of the conformity with international conventions of the constitutional amendment laws. In the case-law of the Constitutional Court, the mix between the conventionality review and the constitutionality review has a variable geometry, while the conventionality review remains an indirect and subsidiary one.

  • Issue Year: 10/2019
  • Issue No: 01
  • Page Range: 146-161
  • Page Count: 16
  • Language: French