Challenges of the Knowledge Society (Jun 2022)
REQUIREMENTS REGARDING THE QUALITY OF THE LAWS HIGHLIGHTED IN THE RECENT JURISPRUDENCE OF THE CCR
Abstract
The quality of the laws represents a requirement that derives from the principle of legality, enshrined at the constitutional level, thus representing a reference norm in the constitutionality review. The recent jurisprudence of the CCR reveals a frequent approach consisting in examining the constitutionality of legal provisions in relation to the constitutional provisions that establish the obligation to observe the laws in the rule of law. The study proposes an analysis from the perspective of the recent jurisprudential guidelines in the matter, addressing mainly the situations in which the CCR has sanctioned the lack of precision, clarity, predictability or accessibility of some legal norms. Through the a priori constitutionality review, the prevention of the entry into force of some deficient legal provisions was achieved, the considerations of the Court being a real benchmark for the primary legislator. Through the a posteriori constitutionality review, it resulted that, in some cases, legal provisions in the field of criminal law, civil law, administrative law or labour law or in the field of legislative technique rules etc. contained deficient norms, contrary to the constitutional rules and which, through their content, created real obstacles in their understanding and application, creating difficulties for their recipients to adopt an appropriate behaviour. The role of the CCR as guarantor of the supremacy of the Constitution is thus highlighted, with concrete consequences in terms of defending fundamental rights and freedoms, as well as ensuring loyal cooperation between public authorities and institutions.
