ACCEPTANCE OF THE PRINCIPLE OF CONSTITUTION SUPREMACY AND OF ITS CONSEQUENCES IN THE NEW CRIMINAL CODES

Marius Andreescu

Abstract


The main consequence of constitutional supremacy is the compliance of the entire law with constitutional rules. Ensuring full respect of this principle, essential to the rule of law, is primarily an attribute of the Constitutional Court, but also an obligation of the legislative power to accept constitutional rules, via legal acts adopted in terms of contents and form. The new penal codes’entry into force has led to a significant case law of the Constitutional Court on the control of constitutionality of some regulations in the Criminal Code and Criminal Procedure Code. We aim to examine the following key issues in this study: a) the manner in which the constitutional principles and values embodied in some criminal and criminal procedural norms of the new codes were realized; b) the effects of Constitutional Court decisions in the constitutionalisation process of the criminal law; c) enforcement of decisions made by the Constitutional Court to trials, particularly those through which the new Criminal Code regulations were found unconstitutional.


Full Text: PDF

Refbacks

  • There are currently no refbacks.


cc_88

Această operă este pusă la dispoziţie sub Licenţa Creative Commons Atribuire-Necomercial 4.0 Internațional .

https://creativecommons.org/licenses/by-nc/4.0/