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 law
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.
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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.
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from October 1, 2011.
The Romanian Constitution amended and supplemented by the Law on the revision of the Romanian Constitution no. 429/2003.
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Copyright (c) 2021 Emilian Ciongaru
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