The Role of the Jurisprudence of the Constitutional Court and the High Court of Cassation and Justice in Guaranteeing the Observance of Principles and Standards in the Legislative Process Cover Image

Rolul jurisprudenţei Curţii Constituţionale şi a Înaltei Curţi de Casaţie şi Justiţie în garantarea respectării principiilor şi standardelor în procesul de legiferare
The Role of the Jurisprudence of the Constitutional Court and the High Court of Cassation and Justice in Guaranteeing the Observance of Principles and Standards in the Legislative Process

Author(s): Victor Alistar, Veres Crina-Bianca
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: principles of lawmaking; jurisprudence; Constitutional Court of Romania; High Court of Cassation and Justice; legislative technique; accessibility;
Summary/Abstract: Respecting the standards regarding the lawmaking process is essential in ensuring the effectiveness of the principle „Nemo censetur ignorem legem”. When the legislator does not respect the basic principles in lawmaking, this can lead to a non-unitary practice and even a lack of conformity of the legislation with the Fundamental Law. The negligence of the drafting of the criminal codes has caused many confusions, the solution of which has been found in the vast jurisprudence of the Constitutional Court of Romania and the jurisprudence of the High Court of Cassation and Justice.