Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

Marieta Safta ()
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Marieta Safta: Law Department of the Bucharest Academy of Economic Studies, first assistant magistrate to the Constitutional Court of Romania

Juridical Tribune - Review of Comparative and International Law, 2012, vol. 2, issue 1, 128-147

Abstract: This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

Keywords: right to property; presumption of lawful acquirement of property; legal certainty; extended confiscation; revision of the Constitution. (search for similar items in EconPapers)
JEL-codes: K10 K11 K14 (search for similar items in EconPapers)
Date: 2012
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:2:y:2012:i:1:p:128-147

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