The Effects of a Recent Decision of the Constitutional Court

Revista Forumul Judecatorilor, No. 2, 2009

7 Pages Posted: 19 Jul 2011

See all articles by Editura Universitara

Editura Universitara

Revista Forumul Judecatorilor

Dragos Calin

Romanian Academy - Center for European Legal Studies, Legal Research Institute; Bucharest Court of Appeal

Date Written: July 19, 2011

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.

Suggested Citation

Universitara, Editura and Calin, Dragos, The Effects of a Recent Decision of the Constitutional Court (July 19, 2011). Revista Forumul Judecatorilor, No. 2, 2009, Available at SSRN: https://ssrn.com/abstract=1889085

Editura Universitara (Contact Author)

Revista Forumul Judecatorilor ( email )

Bucharest
Romania

HOME PAGE: http://www.forumuljudecatorilor.ro

Dragos Calin

Romanian Academy - Center for European Legal Studies, Legal Research Institute ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania

Bucharest Court of Appeal ( email )

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