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Mirela Carmen IACOB: Comparative study on European Constitutional Courts

Abstract: The Constitutional Court, defined by law as the sole authority of constitutional jurisdiction, independent of any other public authority, is a component of the system of constitutional safeguards for upholding fundamental rights and freedoms. To guarantee the supremacy of Constitution being the very goal of its activity, the Constitutional Courtis as well a guarantor of a democratic operation of society, in accord with the constitutional provisions and principles. Since the Court defends constitutional values in keeping with the European human rights standards, but also democracy and the rule of law, this may be seen as an implicit articulation of its vocation to be an active, although specific factor, a negative legislator watching over the law-making activity so that the criteria for our country's accession into the European Union are being met with. The Constitutional Court presentation in one comparative perspective represents an imperative determined by the Romanian integration processes in the European structures while the election of the constitutional courts from France, Germany and Italy are determined by the fact that these countries, alongside other ones, founded the European Union, the role of this step being to underline similar points inclusive existing differences between the Constitutional Courts from these countries, concerning the organization way and the duties conferred to these. Given the new prerogatives conferred by provisions of the revised Constitution, approved by the referendum on 18th–19th October 2003, the Constitutional Court is presently called upon to meet new demands prefigured by a future European construction, in the context of Romania's commitment to finalize the integration process into an enlarged Europe. Constitutional Court will confirm its level of european institution status thorough the exertion of the granted prerogatives, with caution, moderation and wisdom. An examination of the solutions pronounced by the Constitutional Court takes one to the conclusion, beyond subjective appreciation, that the Court judges showed exigency and concern for watching over the observance of the supremacy of the Constitution and for defending the fundamental human rights and freedoms. As the Court watches over the observance of constitutional principles and norms, including the respect for human rights, one may say that it equally makes a specific contribution to the country's efforts of integration into the Euro-Atlantic structures. At the exigency of times we live in today, Constitutional Court of Romania can be considered a capitalization of romanian experience and of the experience from other countries, all this in the perspective of one organizational and functional integration, efficient and viable in the European judicial structure according to the pacts, treatise an conventions in which Romania takes part. The connection at the European institutions clearly arises from the rules concerning the name, the way in which the judges are nominated and concerning the role and the functions of Constitutional Court.

Key-words: Constitutional Court, European Union, judicial structures.


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