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The legal status of the Constitutional Court of Romania

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  • DANIELA CRISTINA VALEA

    () („Petru Maior” University of Târgu-Mures, Faculty of Economics, Law and Administrative Science, Romania)

Abstract

The jurisdictional control of constitutionality can also be exercised by a specialized body, which is particularly established for this purpose (generally called court, council or constitutional tribunal) and, within a more general context, is called constitutional jurisdiction. Ever since their emergence, the legal status of the special constitutional jurisdictions has given rise to debates, even controversies, which have been promoted until present, for more than 70 years from the establishment of the Constitutional Court. Initially, the system of the constitutional jurisdiction was conceived as a system for the control of constitutionality, completely independent especially in relation to the legislative power. At present, a part of the doctrine considers that such a body is not entirely jurisdictional, but also political, which, according to these authors, inevitably renders it as not completely independent from the political structures

Suggested Citation

  • Daniela Cristina Valea, 2008. "The legal status of the Constitutional Court of Romania," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 32, pages 52-58, June.
  • Handle: RePEc:pmu:cjurid:v:32-33:y:2008:p:52-58
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj08/recjurid081_25F.pdf
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    More about this item

    Keywords

    Constitutional Court; Control of Constitutionality; Mixed Nature; Judicial Power;

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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