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universul juridic magazin
Revista Română de Drept Privat

Benchmarks of conventionality review, constitutionality review, and legal review over “vague” legal concepts related to the legal procedure

“Vague” legal concepts are inevitable, these proving their usefulness not only for covering some varied and virtually unlimited legal situations, impossible to imagine by the legislator, but also for ensuring the transition from the “the written law” to the experienced law” – given the evolution of the regulatory legal system background, while stimulating the updating of the written one. Conventional rules, primary and secondary, excel through the use of such concepts, called “autonomous”, but these are not foreign to any constitutional standards either, although one could say that, by definition, these must single out by the rigor and perfect predictability. Therefore, recognizing their indispensability and usefulness, we shall bring into focus some of the peculiarities of the review in terms of the way of interpretation and implementation of such concepts.