Parts III–IV

Ramona Delia POPESCU, Assistant Professor, Ph.D., Faculty of Law, University of Bucharest, “The Accessibility and Predictability of the Law: An Analysis Through the Lens of the Case Law of the European Court of Human Rights and the Constitutional Court”

The legislative process requires that the regulation of social relations through laws and other types of normative acts be carried out in accordance with the general principles of lawmaking inherent in the Romanian legal system, with the Constitution enshrining, in Article 1, paragraph (5), the constitutional principle of its supremacy. Authorities with legislative powers are obligated to comply with constitutional and statutory provisions and legal principles when drafting normative acts, as well as to ensure the quality of the law in the broad sense. The quality of the law requires that two conditions be met in the process of drafting normative acts: accessibility and predictability. These two concepts are used both in the context of the review of conformity with international conventions conducted by the European Court of Human Rights and in the context of the constitutional review conducted by the Constitutional Court, the latter having repeatedly referred to the case law of the ECHR.

Keywords: accessibility, predictability, supremacy of the Constitution, certainty, constitutional review