Parts III - IV

Ramona Delia POPESCU, Lecturer, Faculty of Law, University of Bucharest, Accessibility and Foreseeability of the Legislation – Case Law of the European Court of Human Rights and of the Constitutional Court
Law-making process has to ensure that regulation of social relations shall be made in accordance with general principles of Romanian law, among others with art. 1 para. (5) of the Constitution referring to the principle of the supremacy of the Constitution. Authorities vested with normative competences have to comply with the Constitution, laws and general principles of law when enacting normative acts and to ensure a certain quality of legal acts. This last requirement means that the process of drafting normative acts is subject to two conditions: accessibility and foreseeability of legislation. These concepts are used both within the control of conventionality exercised by the European Court of Human Rights and in judicial review exercised by the Constitutional Court, the latter making reference in several cases to the ECHR case law.

Key-words: accessibility, foreseability, supremacy of Constitution, certainty, judicial review

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