Clarifications on the Legal Terminology in the Constitutional Court Jurisprudence

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Abstract

The legal terminology represents a specialised language by which both the lawmaker and the person implementing the law focus on a pre-established communication channel which guarantee for the stability, the accessibility and the predictability of the law, as well as on the juridical security. In the situations when the law moves away from various reasons from the unanimously agreed meaning, imbalances are triggered in practice. In order to re-establish the balance of the law, the Constitutional Court intervenes in decisive situations. Thus, our instance of constitutional contentious has been seized on the exception of non-Constitutionality of the provisions of the art. 249 par. (1) of the Criminal Law in 1969 and of the art. 298 of the Criminal Law. The authors of the exception asked the Court to notice that the provisions of the art. 298 of the Criminal Law are constitutional only in the measure when the phrase “it fails to accomplish it” from their contents mean “it accomplishes it by breaking the law”.

1. To see Decision no. 453 of April 16, 2008, published in the Official Journal, Part I, no. 374 of May 16, 2008.

2. To see Decision no.189 of March 2, 2006, published in the Official Journal, Part I, no. 307 of April 5, 2006.

3. Published in the Official Journal, Part I, no. 765 of September 26, 2017.

4. Republished in the Official Journal of Romania, Part I, no. 65 of April 16, 1997.

5. Decision no. 405 of June 15, 2016, published in the Official Journal of Romania, Part I, no. 517 of July 8, 2016.

6. Decision no. 392 of June 6, 2017, published in the Official Journal of Romania, Part I, no. 504 of June 30, 2017.

7. To see Decision no. 23 of January 20, 2016, published in the Official Journal of Romania, Part I, no. 240 of March 31, 2016, paragraph 16.

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