The Effects of a Recent Decision of the Constitutional Court

Abstract

In order the judiciary fulfills its purpose, it must always understand and carry out the powers within the limits established by the Constitution of Romania, without interference from the legislator, the executive power or the Constitutional Court.

The decision of 27 May 2009 of the Constitutional Court amounts to another blast for the High Court of Cassation and Justice that was unable to assess, even in the Joint Sections, its own lack of competence.

The competence of the Constitutional Court to check the way the principle of separation of powers in the framework of the rule of law is complied with and to ensure the supremacy of the Constitution in the legal system does not impair the justice interests, but, on the contrary, it is likely to establish constitutional practices adequate to solve some disputes in which the magistrates are litigants.

Note: Downloadable document is in Romanian.