Elena Simina Tanasescu

University of Bucharest | Unibuc · Doctoral School

This special issue is the result of a conference organized in cooperation with the University of Luxembourg by SIPE on the very notion of the Rechtsstaatlichkeit in Europa / the rule of law in Europe / l’État de droit en Europe focusing therein on judicial independence and effective remedies. The contributions reflect various perspectives on the no...

This new book edited by Julia Iliopoulos-Strangas continues and, for the time being, concludes her examination of fundamental social rights as an integral part of the constitutional frameworks of the EU’s Member States, which she has conducted for many years. Her first anthology in French entitled ‘La protection des droits sociaux fondamentaux dans...

The Romanian legal system has gradually evolved in the past 5 years to include a set of principles and rules limiting the public debt and deficits and creating a supervision and correction framework. This legal mechanism aiming to ensure fiscal and budgetary discipline has been inspired from two main sources: in first place, the conditions attached...

The starting point for the legal protection of freedom of expression used to be free political speech or freedom of the press; today there is a large variety of a virtually infinite number of forms of expression that benefit of this protection. This paper is trying to understate the complex relationship established between art as a form of expressi...

Les droits fondamentaux identifiés et protégés par la CJ sont aussi autonomes que l’ordre juridique auquel ils appartiennent et qu’ils façonnent. La constitutionnalisation de l’UE est également un phénomène distinct de celui rencontré au niveau national ou international. Toutefois, la protection des droits fondamentaux au sein de l’UE reste un phén...

Two main issues would be worth exploring in relation to the judiciary: the institutional structure and functioning of the judicial system in Romania and the comprehensive relationship between the independence of magistrates and their responsibility. On the first aspect, it is necessary to mention that it covers both the Superior Council of Magistra...

When we ask to know how we want to revise the Constitution, the answer to the question of knowing whether we want to revise the Constitution is implicitly yes, and the answer aimed to know to what extent that Constitution is the fundamental law for the community of individuals constituted within the state seems to be completely ignored. I think it...

L’exception d’inconstitutionnalité est apparue par voie prétorienne dans le paysage juridique roumain en 1911. Lorsqu’en 1991 le pouvoir constituant a changé le paradigme du contrôle incident et postérieur de la constitutionnalité des lois, ce label a été gardé pour désigner les relations de coopération qui devraient s’établir entre le système judi...

The Constitution, which came into force in 1991, created a Constitutional Court according to the European model of judicial review, thus breaking with traditions. This was not the first attempt to modernize or democratize the Romanian State through transplant of political institutions and legal standards.However, once political and State institutio...

Judicial councils are State institutions created to ensure the independence of judicial systems from political influence, while providing a reasonable level of magistrates' accountability as a professional body. A common feature of judicial councils is that they decide upon the selection and promotion of magistrates, and enforce (disciplinary) sanc...

Judicial councils are State institutions created to ensure the independence of judicial systems from political influence, while providing a reasonable level of magistrates’ accountability as a professional body. A common feature of judicial councils is that they decide upon the selection and promotion of magistrates, and enforce (disciplinary) sanc...

Treatment of nationals by their kin state deals with what legal science amuses itself to call “concepts à géometrie variable” or even “non-identifiable objects”. To the date there is no broadly accepted definition of the concept of nationalities or national minorities and, in order to identify a kin-state, one needs to clarify the concept of nation...

Directly elected, but in constitutional terms not the central authority of the Romanian political system – A ‘trailblazer’ role in parliamentary elections – Political neutrality constitutionally required, but hard to realise in practice – Comparison with the French Presidency – Limited powers making the President in theory ‘a colossus with clay fee...

This paper deals with a key issue for contemporary democracy, namely the influence of governments over democratic manifestations of the sovereign people and with the possibility of the judiciary to review these direct manifestations of the sovereign people. The article is illustrated with the example that occurred in Romania, an Eastern European co...