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Acceptance Of The Principle Of Constitution Supremacy And Of Its Consequences In The New Criminal Codes

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  • 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.

Suggested Citation

  • Marius Andreescu, 2018. "Acceptance Of The Principle Of Constitution Supremacy And Of Its Consequences In The New Criminal Codes," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 12(1), pages 7-17, May.
    • Handle: RePEc:dcu:journl:v:12:y:2018:i:1:p:7-17
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    More about this item

    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;
    All these keywords.

    JEL classification:

    • K0 - Law and Economics - - General
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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