ro fr
universul juridic magazin

Few theoretical considerations on legal effects of decisions ruled under judicial review

A brief examinaton of legal effects of decisions ruled by the Constitutional Court through which laws are declared unconstitutional points to some characteristics of those decisions: they are considered to be general and compulsory; their effects are valid only for the future; they tend to look like both abrogation and nulyfing of legal acts controled; they have the power of res judicata; they create special obligations for Parliament, Government, Romania’s President and regular courts; they have a specific and complex, unique configuration that makes them stand alone.
Rights awarded through Law 221/2009 are social rights of the second generation and their protection is granted both by Romanian constitutional provisions of article 44 and the additional Protocol n°1 to the European convention on human rights (article 1) pertaining to the guarantee of the right of property. The conclusion is that the Romanian legal system needs to be improved in a manner that can give full satisfaction and implementation to provisions of article 147 of the Constitution.