Romanian Constitutional Court and its Active Role in Assuring the Supremacy of the Constitution

AuthorEmil Balan
PositionProfessor, PhD, National University of Political Studies and Public Administration, Romania
Pages31-38
JURIDICA
33
Public Law
Romanian Constitutional Court and its
Active Role in Assuring the Supremacy of
the Constitution
Emil BĂLAN
1
Abstract: Having read this paper, someone should have a general idea of some main constitutional
concepts and principles and how they relate to the Romanian legal system. Romanian Constitutional
Court is - according to art. 142 (1) of the Romanian Constitution - the guarantor of the Constitution’s
supremacy. By virtue of th is role, the Constitutional Court shall exercise general co ntrol of the
compliance with the Constitution and the constitutionality of laws. The quality of guarantor allows
the Constitutional Court to exercise an active role so that, throughout the provision of the decisions,
but also throughout their considerations, which are imposed with equal force to all the legal issues/all
subjects of law, it is pu t in view that the public authorities have the obligation of conform application
of decisions, including of effects determined by them.
Keywords: supremacy of the constitution; Constitutional Court; active role; loyal constitutional
behaviour
1. Supremacy of the Constitution
Constitutions deal with the fundamental framework of government and its powers,
reflecting the political interests of those who design and operate them and
providing mechanisms for the control of government.
One of the main means of achieving democracy and the rule of law is the
recognition of the supremacy of the Constitution as a fundamental politico-legal
principle. Political, moral, legal values, which it enshrines, are rooted in the state's
democratic traditions adapted to economic and social changes produced in the post-
revolutionary era.
1
Professor, PhD, National University of Political Studies and Public Administration, Romania.
Address: 6 Povernei Street, Sector 1, Bucharest, Romania, Tel.:+4021.318.08.97, fax:
+4021.312.25.35. Corresponding author: emil.balan25@yahoo.com.
AUDJ, vol. 11, no. 3/2015, pp. 33-40

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