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The consequences of not applying mutátis mutándis a decision of the Romanian Constitutional Court

Camelia Daciana Stoian ()
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Camelia Daciana Stoian: West University „Vasile Goldis” of Arad, Romania

Juridical Tribune (Tribuna Juridica), 2016, vol. 6, issue 1, 148-163

Abstract: The article aims at procedural mechanism of application of art.147, paragraph 2 of Romanian Constitution, in the specific case of pronouncing an unconstitutionality decision which concerns a law in draft before its promulgation, but especially focuses on the effects produced by such a normative act adopted without consideration of the Constitutional Court Decision. In other words, the Parliament, although bound to reconsider those provisions to bring them into line with the Constitutional Court decision, for failure to comply with this obligation, it brings us into the situation of prevalence inability of this Constitutional Court Decision and breach of a law in force which was, moreover, declared unconstitutional still at the planning stage. In this way, we find that the effects in question are reflected in an unfavorable way; above all the interest of local collectivities; and raises a big question mark on the achievement of both the "joint" powers of Parliament's own, and the concept of "local autonomy" by those who exercise it, knowing your rights, obligations and limits allowed.

Keywords: Romanian Constitution; Constitutional Court; Supremacy guarantor of Constitution; The Romanian Parliament; Legislative Council; President of Romania; enactment; deliberative authorities; local autonomy; community development associations. (search for similar items in EconPapers)
JEL-codes: K10 K23 K40 (search for similar items in EconPapers)
Date: 2016
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