The rule of law as enshrined in the romanian constitution

• Author: Luminita Dragne
• Position: Faculty of Legal and Administrative Science, Department of Public Law 'Dimitrie Cantemir' Christian University, Bucharest, Romania
• Pages: 14-18

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 14-18

14

THE RULE OF LAW AS ENSHRINED IN THE ROMANIAN

CONSTITUTION

L. Dragne

Luminia Dragne

Faculty of Legal and Administrative Science, Department of Public Law

“Dimitrie Cantemir” Christian University, Bucharest, Romania

*Correspondence: Luminia Dragne, Associate Professor, PhD., “Dimitrie Cantemir”

Christian University, 176 Splaiul Unirii St., 4th sector, Bucharest, Romania

E-mail: luminita_ucdc@yahoo.com

Abstract

The rule of law is rooted in constitutional provisions and means that the state is based

on law and is organized on the principle of separation of powers. The rule of law must ensure

the supremacy of the constitution and state authorities must act within the law. It is necessary

that the law should be accessible, clear and precise so that its recipients know and

understand its provisions and consequences of disrespecting it.

Keywords: rule of law, law, legal certainty.

Introduction

The rule of law is a basic rule currently recognized in all democratic states and due to

the importance foreseen of the fundamental laws. This principle enshrined also in the new

Constitution of Romania - adopted after the Revolution of 1989 which aimed, among other

things, removing a totalitarian regime - stresses that all state activity must be subordinated to

the right and take place in accordance with the and rules of law.

Romanian Constitution, in paragraph 3 of Article 1, states that Romania is a state of

law, which means that the state is subordinate to the law. Constitutional provision which

promote that Romanian State is governed by law is mandatory

1

, which means that is

obligatory for all its recipients.

Rule of law means that the state is based on the law, work and exercise their powers

under the law. At the same time, the rule of law implies the existence of separation of powers,

the principle that the three branches of government - legislative, executive and judicial - are

entrusted to distinct and independent bodies to each other. Thus, a balance between states

powers collaboration and mutual control, preventing these organs to abuse the powers which

were vested.

1

As Romanian Constitutional Court

established, mandatory erga omnes of its decision finding unconstitutional a

law or an ordinance, implies the existence of liabilit y for breach of these decisions. Under this aspect, exists

equivalence with that situation in which is not respected a law passed by Parliament o r an order issued by the

Government. Or, in more general terms, it is the problem of identifyin g liability when one state authorit y refused

to implement the measures set out, within the powers conferr ed by the Constitution, by another state authority. In

such a case identify legal liability ar ising from the mandatory nature of the provisions of art. 1 par. (3) of the

Constitution, according to which “Romania is the rule of la w [...]”. Would otherwise reach by removing one of

the state's powers of this fundamental constitutional principle, which is unacceptable. Also, regarding the art. 11

and 20 of the Constitution liability for infringeme nt of a Constitutional Court judgment may consist, provided

that the conditions laid d own in the Convention for the Protection of Hu man Rights and Fundamental Freedoms,

in a judgment of the European Court of Human Rights against the Romanian state – Romanian Constitutional

Court Decision no. 169/1999, published in Official Gazette of Romania, P art I, no. 151/12.04.1999.