Part III
Corneliu-Liviu POPESCU, Ph.D. in Law, Professor, The unpredictability of the Romanian constitutional case-law regarding the applicability of the principle of legal symmetry
In a short period, less than 3 years, the Romanian constitutional judge adopted three different decisions concerning the applicability and the effects in public law of the legal symmetry principle in judicial review. Successively, the Constitutional Court enforced the legal symmetry principle, firstly deciding that a legislative act in contradiction with the legal symmetry principle is unconstitutional, secondly deciding that a legislative act based on the legal symmetry principle is unconstitutional, in order to finally get to the conclusion that the legal symmetry principle has no constitutional value, being inapplicable within the judicial review. This chaotic and motivation-less evolution of the constitutional case-law is contrary to the principle of legal certainty, which is a fundamental principle in a state governed by the rule of law.
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