Fundamental Rights and Freedoms in the case law of the Constitutional Court, vol. I-III (Marian Enache, Ștefan Deaconu, Editura C.H. Beck, București, 2019) Cover Image

Drepturile și libertățile fundamentale în jurisprudența Curții Constituționale, vol. I-III (Marian Enache, Ștefan Deaconu, Editura C.H. Beck, București, 2019)
Fundamental Rights and Freedoms in the case law of the Constitutional Court, vol. I-III (Marian Enache, Ștefan Deaconu, Editura C.H. Beck, București, 2019)

Author(s): Mihai Bădescu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Book-Review
Published by: Institutul Român pentru Drepturile Omului
Keywords: fundamental rights and freedoms; legal protection; the decisions of the Constitutional Court; the objection of unconstitutionality; the exception of unconstitutionality;

Summary/Abstract: The constitutional protection of fundamental rights and freedoms of the individual represents a legal landmark for modern democracies. The Constitutional Court is the authority that guarantees, and ensures the respect of citizens' rights and freedoms in accordance with the provisions of the fundamental law of the state. Structured in 3 tomes, the study Fundamental rights and freedoms in the case law of the Constitutional Court represents an essential tool in the field of Romanian legal research as it analyzes every fundamental right or freedom from a double perspective: from a doctrinal point of view, and referring to the interpretations formulated through case law of the Constitutional Court. The peculiarity of the reviewed paper lies in its multidisciplinary character: the jurisprudential analysis of fundamental rights and freedoms is of interest to the field of constitutional law, but, at the same time, it has implications in all other branches of law. On the same lines, the specific aspects of the study derive from the reasoning according to which: the constitutional provisions that establish the principle of the supremacy of international law over national law determine the Constitutional Court to take into account the decisions of the regional-European courts -the Court of Justice of the European Union and European Court of Human Rights - in its case law, thus obtaining an extensive and refined perspective on the protection of fundamental rights and freedoms. In addition, the multidisciplinary nature of the paper is highlighted by its extended practicality, serving as a source of documentation for both legal specialists and those who are new to the field of legal sciences.

  • Issue Year: 2019
  • Issue No: 2
  • Page Range: 106-110
  • Page Count: 5
  • Language: Romanian