The Binding Aspect of the Decisions of the Constitutional Court and Their Effect
DOI:
https://doi.org/10.18662/eljpa/10.1/201Keywords:
Constitutional Court, constitutional decisions, exceptions of unconstitutionality, constitutional guarantorAbstract
The Constitutional Court, as an authoritative body regarding the application of constitutional control, issues decisions that would take the place of the segment of the legislative text that has been proven to be illegal. In this context, the decisions have the character of law and as such should be applied in the context of admitting a notification of unconstitutionality. The decisions and rulings of the Constitutional Court are generally binding and have force only for the future. Consequently, all public authorities are obliged to respect the decisions and rulings of the Constitutional Court. At the same time, according to the Court’s jurisprudence, the power of res judicata that accompanies the jurisdictional acts, therefore also the decisions of the Constitutional Court, is attached not only to the device, but also to the considerations on which it is based. Consequently, both the Parliament and the Government, respectively the public authorities and institutions must fully respect both the considerations and their devices.
The mandatoryness of the decisions of the Constitutional Court is a subject of real topicality, a fact that incites various analyses to elucidate the necessity of this characteristic. In this sense, this article seeks to present the overall legal framework through which the decisions of the Constitutional Court have the character of law.
References
Decision of the Plenary of the Constitutional Court no. 1 of January 17, 1995, published in the Official Gazette of Romania, Part I, no. 16 of January 26, 1995.
Decision no. 414 of April 14, 2010, published in the Official Gazette of Romania, Part I, no. 291 of May 4, 2010.
Decision no. 392 of June 6, 2017, published in the Official Gazette of Romania, Part I, no. 504 of June 30, 2017, para. 52.
Law no. 47/1992 regarding the organization and functioning of the Constitutional Court Published in Official Gazette no. 187 of August 7, 1997.
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