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

AuthorEmilian Ciongaru
PositionProfessor, PhD. University Bioterra Bucharest, Associate scientific researcher, Romanian Academy - Institute of Legal Research 'Acad. Andrei Radulescu', Bucharest, Romania
Pages75-85
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.

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