Part III

Corneliu-Liviu POPESCU, Ph.D., Professor, The Unpredictability of Romanian Constitutional Case Law Regarding the Applicability of the Principle of Legal Symmetry

In a period of less than three years, the Romanian Constitutional Court has issued three different rulings regarding the applicability and legal effects of the principle of legal symmetry in constitutional litigation. Successively, the constitutional court applied the principle of symmetry, first ruling that a legislative provision contrary to the principle of symmetry is unconstitutional, then that a normative text based on the principle of symmetry is unconstitutional, and finally concluding that the principle of symmetry has no constitutional value and is inapplicable in constitutional review. This chaotic and unmotivated evolution of constitutional jurisprudence is contrary to legal stability, a fundamental principle in a regime based on the rule of law.