EIRP Proceedings, Vol 7 (2012)

The responsibility of subjects implicated in the adoption of unconstitutional norms in Romania

Alina Livia Nicu


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


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