Recent Developments and Evolution Perspectives of the Constitutional Justice in Romania. From Institutional Dialogue, to Jurisprudential Confrontation Between the Constitutional Court and the High Court of Cassation and Justice of Romania

Valentin-Stelian Bădescu

Academic Journal of Law and Governance, 2022, vol. 10, issue 1-2, 150-163

Abstract: In the context of the pandemic, the entire codification process and the way in which the Administrative Code was adopted brought into question the relationship between political power, administration and society and public administration, as well as the general quality of regulation in Romanian public law. From this perspective, everything that happened in the local administrative space during this period confirmed the vulnerability, and not the solidity of the rule of law, which we know works with and on the basis of democracy, with rules established and applied in close accordance with the will freely expressed by the population, any legislative vacuum having the ability to generate anarchy. A member of the European Union, Romania currently operates on the basis of and in the application of internal legislation, in legislative harmony with European Union and international regulations. The rules established, through multilateral European and international legal instruments, require that any democratic society is obliged to ensure a fair balance between the respect of human rights, proportionately, and the satisfaction of the general interest, but neither of the two sides of the balance can be dominant in a democratic society, in which the concept of the rule of law represents a constitutional reality whose foundation is found in the mechanisms of the exercise of state power, in the relationships between power and the freedom of each individual in society and in the application of the principle of legality to the entire state activity, but also to the behavior of each member of society.

Date: 2022
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