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RECEPTING THE PRINCIPLE OF SUPREMACY OF CONSTITUTION AND ITS CONSEQUENCES ON THE NEW PENAL CODE

Marius Andreescu ()

Fiat Iustitia, 2016, vol. 10, issue 1, 5-20

Abstract: The supremacy of Constitution has as main consequence the compliance of entire law with theconstitutional norms. Guaranteeing of the observance of this principle is essential for the rule of law, is primarily an attribute of the Constitutional Court, but also an obligation of the legislator to receive by texts adopted, within its content and form, the constitutional norms. Entering into force of the newcriminal codes generated a significant jurisprudence of the Constitutional Court on the verification of constitutionality of some regulations in the Criminal Code and Criminal Procedure Code. Through this study we intend to analyze the following key issues: a) how were the constitutionalprinciples and values embodied in some criminal and criminal procedural norms of the new codes; b) the effects of Constitutional Court decisions in the process of constitutionalizing of the criminal law; c) applying into judicial activities of the Constitutional Court decisions, particularly those through which the new Criminal Code regulations were found unconstitutional.

Keywords: Supremacy of Constitution; constitutionality of some regulations in the new criminal codes; effects of Constitutional Court decisions in criminal law; application of Constitutional Court; decisions in criminal proceedings (search for similar items in EconPapers)
Date: 2016
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