Constitutional review and the legislative procedure
Constitutional review and the legislative procedure

Summary/Abstract: In the entirety of constitutional norms, the provisions containing procedural rules incidental to the field of lawmaking are correlated and are subsumed under the principle of legality governed by Article 1(5) of the Constitution, and in turn this principle underlying the rule of law, which is expressly enshrined in the provisions of Article 1(3) of the Constitution. Taking into consideration the importance of the stated principles, constitutional review and, from this perspective, the dialogue with the legislator with the purpose of observing the constitutional rules applicable to the legislative procedure, they are guarantees against the abuses of power of the parliamentary majority and therefore guarantees of democracy. The present study highlights landmarks of the mentioned dialogue with reference to the jurisprudence of the Constitutional Court of Romania, taking into account recent developments, in the sense of the increase in the number of decisions to admit objections of unconstitutionality on the grounds of violation of the norms of legislative procedure. The main purpose of the present approach is to highlight the importance of the above mentioned procedures, including from the perspective of the drastic effects of the finding of their violation.

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