L'impacte de la jurisprudence de la Cour Constitutionnellle de la Roumanie sur le droit privé

Abstract

Adoption of the new codes – the civil code, the code of civil procedure, the criminal code and the code of criminal procedure –, as well as of other legislative acts with significant impact on Romanian society, was indubitably a positive event. All the aforementioned regulatory acts contain legal rules that reflect the current (new) concept of the Romanian legislature, a concept that crystallised after observing and analysing the developments taking place also in other countries’ legislation.

However, the application of the new legal rules to the social relations that characterise the Romanian society (in other words, the application thereof to real life) reveals that some of the new legal provisions do not sufficiently meet the requirements imposed by the constitutional rules and principles. This is the reason why the Constitutional Court has been often asked (provoked) to rule on the constitutionality of some of the legal provisions contained in the new regulations.

The present paper intends to highlight– through a summary of relevant decisions – the impact of the case-law of the Constitutional Court of Romania on private law (more specifically, on civil law and on civil procedural law).