romanian english

Ramona Delia POPESCU: The role of Romanian constitutional court in ensuring good governance through its case law regarding electoral matters

Constitutional principle of respect for the Constitution, its supremacy and laws is mandatory for all legal. The Constitutional Control, as guarantee of supremacy that is a penalty for all public authorities who violate this principle in regulating legal norms, the decisions of the Constitutional Court are binding and causing effects erga omnes only for the future. Constitutional court must be a factor of equilibrium in society, guaranteeing the supremacy of the constitution and rights and liberties, and the separation of powers. In jurisprudence relating to the election, the Court, referring to the recommendations Venice Commission, has an inconsistent position on the issue constitutionality change electoral law less than one year before election, citing the principle of legal certainty. Analysis jurisprudence matters highlighted new approaches referendum on the effects Advisory referendum and misinterpretation on the majority and quorum.

Key words: elections, referendum, quorum, majority, previsibility, principle of legal security, guarantees of the supremacy of constitution


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