Normele juridice de aplicare şi normele juridice de completare. Constituţionalitate
The Legal Norms of Application and the Legal Norms of Completion. Constitutionality

Summary/Abstract: The principle of legality as a fundamental principle of law implies respect hierarchy of norms stated by legal force. The legal force of the legal norms contained in various normative acts is closely related to the degree of legitimacy of the issuing authority. In the widely understood legislative practice, there is often the tendency to intervene in the path of subsequent regulation to explain the meaning of some notions or to outline the scope of legal institutions regulated by normative acts with superior legal force. This is not always accordance with the principle of the hierarchy of legal norms, which ultimately ensures the functioning of a coherent system of law and which, at the same time, constitutes one of the most consistent sides of the principle of legality. The objective of the present study is to analyse the conditions under which it is possible that the authorities with subsequent regulatory competence may resort to the adoption of legal norms that articulate with the normative act superordinate from the point of view of the legal force. The analysis of the concordance between the stated purpose of issuing the normative act inferior legal force and its content often denotes the slipping of the administrative authorities, in particular, towards the tendency to complete and add to the text with superior legal force, an aspect that acquires strong accents of illegality.

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