Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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A Few Remarks on the Role of the Principle of Legality in the Romanian Legal System

Cătălin Constantinescu-Mărunţel

Teodor Manea

This paper seeks to outline the meaning, the role and the limits of the principle of legality according to the Romanian legal system. Firstly, a few preliminary questions regarding the nature and the role of legal principles in general have to be answered. This is necessary in order to provide a reader which is not familiarized with this national set of norms with a general understanding of the concepts used during the analysis of the proposed topic. Having achieved this, one may subsequently proceed to analysing the general understanding of the principle of legality and its main coordinates in the Romanian legal system. One would have to remember that the latter is a European continental (or civil) legal system, belonging to a country which is a member of the European Union, of the United Nations and of the Council of Europe. This translates into the fact that the paper does also have to analyse the impact of the international public law on the way the principle of legality is currently comprehended and applied internally. All these being said, the third and main section of the paper concentrates on how is this concept applied in a few of the legal domains. The paper is mainly interested in the public implications of the principle; therefore, the analysis will try to discover the main ways in which the rule of law culture shapes the notion of public power and its exercise. The paper will end with a few final considerations regarding the main ideas discovered during the previous sections.

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