Some Case Studies Regarding the Application of the Principle of Legal Security in the Jurisprudence of the Constitutional Court of Romania
Keywords:
legal rule; legal security; jurisprudence; constitutionality; rule of lawAbstract
The term legal security, in a doctrinal interpretation, evokes specialist common terms, thus: the
retroactivity of the law, the appearance of legality, the appearance of the law, the applicability of the law, the
predictability of the law, the legality of incrimination and penalty, legislative inflation, legal acculturation or
even the obscurity of the texts of legal rules. A basic feature of the principle of legal security is that the existing
legal rules must be predictable, known and understood and that the corresponding legal solutions remain
relatively stable and unequivocal. Clarity and sobriety of the legal rule requires that that the text of the law must
be formulated clearly, soberly, fluently and intelligibly without syntactical difficulties and obscure or
ambiguous passages, and the shape and the aesthetics of expression must not prejudice the legal style, precision
and clarity of the provisions of the legal rule. Another essential characteristic of the principle of legal security
is that the existing legal rules must be predictable, known and understood and that the corresponding legal
solutions remain relatively stable and unambiguous.
References
Aksoy, H. A. (2014). Impracticability. Encyclopedia of Law and Economics. Springer Science+Business Media New York.
Auby, J. B. & Delphine, D. B. (2007). Les principes de sécurité juridique et de confiance légitime. Droit administratif européan/
The principles of legal certainty and legitimate expectations. European administrative law. Bruxelles: Bruylant Publishing
House.
Boroi, G. & Stanciulescu, L. (2012). Civil law institutions in the regulation of the new Civil Code. Bucharest: Hamangiu
Publishing House.
Chevalier, J. (2012). Rule of Law. Translation by Diana Danisor. Universitaria Publishing House, Craiova.
François, L. (1993). Le problème de la sécurité juridique. La sécurité juridique/ The problem of legal certainty. Legal security.
Jeune Barreau de Liège Publishing House.
Ghestin, J.; Jamin, Ch. & Billiau, M. (2001). Traite de droit civil. Les effects du contract/ Trafficking in civil law. The effects
of the contract, 3 édition, L.G.D.J., Paris.
Lambert, P. (2003). Le principe général de la sécurité juridique et les validations législatives. Sécurité juridique et fiscalité/
The general principle of legal certainty and legislative validations. Legal security and taxation. Bruxelles: Editura Bruylant.
Micu, G. (2007). Community institutional legal order. Bucharest: Paidea Publishing House.
Nicolae, M. (2010). Extinctive prescription treaty. Bucharest: Universul Juridic Publishing House.
Niemesch, M. (2014), General theory of law. Bucharest: Hamangiu Publishing House.
Niemesch, M. (2016). General theory of law. Second edition revised and added. Bucharest: Hamangiu Publishing House.
Pivniceru, M. (2009). Legal effects of random contracts. Bucharest: Hamangiu Publishing House.
Pop, L. (1998). Civil Law. General Theory of Obligations. Bucharest: Lumina Lex Publishing House.
Popa, N. (2008). General theory of law. Edition- 3. Bucharest: C. H. Beck Publishing House.
Predescu, I. & Safta, M. (2009). The principle of legal security, the foundation of the rule of law. Jurisprudential landmarks,
in the Bulletin of the Constitutional Court of Romania, No. 1 of 2009.
Top, D. (2000). Introduction to the study of law. Targoviste: Daniel Publishing House.
Case law of the European Court of Justice, (1998). p. I-08153, Case C-381/97. Belgocodex.
CCR decision no. 662 of November 11 2014 (January 20, 2015). Published in the Official Gazette. No. 47.
CCR decision no. 743 of June 2, 2011 (August 16, 2011). Published in the Official Gazette. No. 579.
CCR decision no. 903 of July 6, 2010 (August 17, 2010). Published in the Official Gazette. No. 584.
Decision of the Constitutional Court of Romania no. 448 of October 29 (January 7 2013) published in the Official Gazette. no.
Law no. 24/2000 regarding the norms of legislative technique for the elaboration of normative acts, text published in the Official
Gazette. of Romania, in force since March 31, 2000. Form applicable from August 25, 2004 to April 20, 2010, being replaced
by republishing (r2) of the Official Gazette, Part I no. 260 of April 21, 2010. Form applicable from April 21, 2010.
The New Romanian Civil Code (Law 287/2009), updated 2020, republished in the Official Gazette no. 505/2011, applicable
from October 1, 2011.
The Romanian Constitution amended and supplemented by the Law on the revision of the Romanian Constitution no. 429/2003.
Published in the Official Gazette of Romania, Part I, no. 758 of October 29, 2003.
Downloads
Published
Issue
Section
License
Copyright (c) 2021 Emilian Ciongaru
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material
- for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
-
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.