Excess of regulation in criminal matters. The Constitutional Court – possible “obstacle” in the way of this phenomenon?

  • Oana Bugnar-Coldea Faculty of Law, Babeș-Bolyai University, Cluj-Napoca; Cluj Bar Association
Keywords: overcriminalization, the principle of subsidiarity, the principle of proportionality, social value, punishment, the Constitutional Court, constitutionality control


The continuous and exponential development of society, of industry, of economy, of technology, forces the legislator to keep up with the reality, including in criminal matters. Under these conditions, the risk that the principle of subsidiarity and proportionality will be violated is quite high. Consequently, this material highlights the situations in which it is possible to discuss about overcriminalization, and then, to what extent, the Constitutional Court, based on its constitutional prerogatives, could or could not control this risk.