2024

DOI: https://www.doi.org/10.31178/AUBD/2024.14

Abstract:The principleof legality is a fundamental concept of our legal system. It acts as a bulwark against despotism and is closely linked to the rule of law, a notion that is prevalent in pluralistic democratic societies.

This principle has not evolved significantly in the field of criminal law in recent decades, as evidenced by the case law of the European Court of Human Rights. A review of criminal law textbooks also leads to the same conclusion, as the concept of legality is relatively stable and deeply rooted in the essence of criminal law.

However, the case law of the Constitutional Court of Romania in criminal matters does not appear to have been limited by the boundaries of the principle of legality. In this article, I analyze six decisions from the past decade in which the Court appears to have gone beyond the traditional meaning of legality and adopted a more permissive approach to the concept.

Keywords:Constitutional Court, principle of legality, statute of limitations, abuse of office, open-ended regulations, legislative omission, tractor, commercial relations, turnover, abandonment of family