Some Case Studies Regarding the Application of the Principle of Legal Security in the Jurisprudence of the Constitutional Court of Romania

• Author: Emilian Ciongaru
• Position: Professor, PhD. University Bioterra Bucharest, Associate scientific researcher, Romanian Academy - Institute of Legal Research 'Acad. Andrei Radulescu', Bucharest, Romania
• Pages: 75-85

ISSN: 2067 – 9211 Legal Sciences in the New Millennium

75

Some Case Studies Regarding the Application of the Principle of Legal Security in

the Jurisprudence of the Constitutional Court of Romania

Emilian Ciongaru1

Abstract: The term legal security, in a doctrinal interpretation, evokes specialist common terms, thus: the

retroactivity of the law, the appearance of legality, the appearance of the law, the applicability of the law, the

predictability of the law, the legality of incrimination and penalty, legislative inflation, legal acculturation or

even the obscurity of the texts of legal rules. A basic feature of the principle of legal security is that the existing

legal rules must be predictable, known and understood and that the corresponding legal solutions remain

relatively stable and unequivocal. Clarity and sobriety of the legal rule requires that that the text of the law must

be formulated clearly, so berly, fluently and intelligibly without syntactical difficulties and obscure or

ambiguous passages, and the shape and the aesthetics of expression must not prejudice the legal style, precision

and clarity of the provisions of the legal rule. Another essential characteristic of the principle of legal security

is that the existing legal rules must be predictable, known and understood and that the corresponding legal

solutions remain relatively stable and unambiguous.

Keywords: legal rule; legal security; jurisprudence; constitutionality; rule of law

1. Introduction

Aimed at a better understanding and a more accurate selection, interpretation and enforcement of

internal, European and international legal rules2 by the state institutions, but also by litigants, it is

essential that the drafting of all legislation is of quality, that their editing is made in a uniform, sober,

concise, clear, unambiguous and comprehensible manner, according to uniform principles (Top, 2000,

p. 101) of presentation and legislative technique, so that all litigants are able to understand all their rights

and obligations, and the courts can ensure their compliance.3

1 Professor, PhD. University Bioterra Bucharest, Associate scientific researcher, Romanian Academy - Institute of Legal

Research “Acad. Andrei Radulescu”, Bucharest, Romania, Tel.: +4.0722.98.45.89, Corresponding author:

emil_ciongaru@yahoo.com.

2 The New Civil Code. Art. 4. - (1) In the matters regulated by this code, the provisions regarding the rights and freedoms of

persons shall be interpreted and applied in accordance with the Constitution, the Universal Declaration of Human Rights, the

covenants and other treaties to which Romania is a party. (2) If there are inconsistencies between the pacts and treaties on

fundamental human rights, to which Romania is a party, and this code, international regulations shall have priority, unless this

code contains more favorable provisions.

Art. 5.- In the matters regulated by the present code, the norms of the community law are applied in a priority way, regardless

of the quality or the statute of the parties.

3 Art. 36 of Law no. 24/2000 regarding the norms of legislative technique for the elaboration of normative acts, text published

in the Official Monitor. of Romania, in force since March 31, 2000. Form applicable from August 25, 2004 to April 20, 2010,

being replaced by republishing (r2) of the Official Monitor, Part I no. 260 of April 21, 2010. Form applicable from April 21,

2010.