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The Responsibility of Subjects Implicated in the Adoption of Unconstitutional Norms in Romania

Keywords: responsibility , judicial liability , enactment , malpractice , unconstitutional judicial norms

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Abstract:

The purpose of the present paper is to analyze certain aspects regarding the responsibility of actorsinvolved in the enactment activity, with an emphasis on the case of adopting unconstitutional norms. Thissubject was chosen starting from the situations occurring in practice following the creation of legal rightsthrough judicial norms, subsequently declared as being unconstitutional. The analysis of the existent judicialframe in this matter leads to the conclusion that the judicial commitment of the actors involved in theenactment process cannot be involved, with the exception of the personnel of the Legislative Council and theGovernment. Practically, there is no specific sanction for these situations. Our conclusion is that in suchsituations, the Romanian legislation does not protect the citizen against the results generated by the defectivepractice in the enactment activity. In consequence, we have formulated propositions de lege ferenda.

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