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References Benvenisti, E. (1999). Margin of Appreciation, Consensus, and Universal Standards. New York University Journal of International Law and Politics, 31, 843-854. Bustamante, T. and De Godoi Bustamante E. (2011). Constitutional Courts as “Negative Legislators”: The Brazilian Case. In Ed. Brewer-Carias, A. Constitutional Courts as Negative Legislators. Cambridge: Cambridge University Press. Duguit, L. (1919). Law in a modern state. Reprint Kessinger Publishing, LLC, 2008. Ferrari, G. F. (2008). Introduction to Italian Public Law. Giuffr`e Editore. Heinig, H

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”.

DOI: 10.1515/jles-2017-0015 Journal of legal studies Volume 20 Issue 34/2017 ISSN 2457-9017; Online ISSN 2392-7054. Web: publicatii.uvvg.ro/index.php/jls. Pages 38-51 38 THE CONSTITUTIONAL COURT OF ROMANIA AGAINST THE DIRECTION OF THE CONSTITUTIONAL MOMENT OF 1991 Assist. Prof. Răzvan Cosmin ROGHINĂ PhD Lucian Blaga University of Sibiu E-mail: rc.roghina@gmail.com (Received October 2017; Accepted November 2017) Abstract: The year 1991, the year when the current Romanian fundamental law came in to force, designed a constitutional

Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court1 Ondrej Hamuľák & Tanel Kerikmäe Palacký University Olomouc, Faculty of Law, Czech Republic; Tallinn Law School, Tallinn University of Technilogy, Estonia ondrej.hamulak@upol.cz; tanel.kerikmae@ttu.ee HAMUĽÁK, Ondrej, KERIKMÄE, Tanel. Indirect Effect of EU Law under Con- stitutional Scrutiny – the Overview of Approach of Czech Constitutional Court. International and Comparative Law Review, 2016, vol. 16, no. 1, pp. 69–82. DOI: 10.1515/iclr-2016

). Komentar Ustave Republike Slovenije. Kranj: Fakulteta za podiplomske državne in evropske študije. The Basic Constitutional Charter on the Sovereignty and Independence of the Republic of Slovenia from June 25, 1991, Official Gazette of RS, no. 1/91-I in 19/91 - corr. The Constitutional Court of the Republic of Slovenia. U-I-266/95 from November 20, 1995. Retrieved September 26, 2016, from http://odlocitve.us-rs.si. The Constitutional Court of the Republic of Slovenia. U-I-109/10 from September 26, 2011. Retrieved September 26, 2016, from http://odlocitve.us-rs.si. The

Abstract

The present study is an empirical legal research which was conducted at the companies in West Nusa Tenggara. The data were obtained through legal reasoning which is logical, systematic and coherent and were analyzed using descriptive-analytic. Based on the analysis, the result showed that the implementation of outsourcing system in industrial relation after the Constitutional Court decision No. 27/PPU-IX/2011 on private companies in West Nusa Tenggara has not been done properly. The companies which became object of the study have understood that after the Constitutional Court Decision No. 27/PPUIX/ 2011, labor contract on outsourcing system has changed from PKWT (perjanjian kerja waktu tertentu/ labor contract for specific time) to PKWTT (perjanjian kerja waktu tidak tertentu/ labor contract for an unspecified time). In other words, the principle of labor protective measure transfer at companies might happen in case the company implements PKWT. However, the Constitutional Court Decision No. 27/PUU/-IX/2011 which changed PKWT into PKWTT collides with Article 59 of Act No. 13 of 2003 on Manpower.

, Edward Elgar, Cheltenham, UK, Northampton, MA, USA. · Pollicino Oreste, 2015, ‘The European Court of Human Rights and the Italian Constitutional Court. No ‘Groovy Kind of Love’’, in Ziegler et al. (eds), The UK and of European Court of Human Rights - A Strained Relationship? Hart Publishing, Oxford and Portland, 361-377. · Puppinck Gregor, 2012, ‘The Case of Costa and Pavan v. Italy and the Convergence between Human Rights and Biotechnologies. Commentary on the ECHR Ruling in Costa and Pavan v. Italy, No. 54270/10’, Quaderni di Diritto Mercato Tecnologia, III (3): 152

Consequences of Large Fiscal Adjustments. NBER Working Paper , 17655. Angrist, J., Pischke, J.-S. (2009). Mostly Harmless Econometrics. An Empiricist’s Companion . Princeton University Press. Bergh, A., Karlsson, M. (2010). Government size and growth: Accounting for economic freedom and globalization. Public Choice , 142, 195–213. Bossuyt, M. (2008). The Belgian Constitutional Court and the re-enacting of an annulled law. International Almanac Constitutional Justice in the New Millennium , 200–217. Brender, A. (2003). The Effect of Fiscal Performance on Local Government

References Resolution on Amendment of the Resolution of Seimas "On Approval of the Conception of the Institute of Individual Constitutional Complaint". Official Gazzette, 2009, no. 152-6323. Resolution on Approval of the Conception of Individual Constitutional Complaint. Official Gazzette, 2007, no. 77-3061. Ruling on court precedents and on lodging complaints against court rulings whereby one applies to the Constitutional Court or an administrative court. The Constitutional Court of the Republic of Lithuania, 2007, no. 26/07. Ruling on restoration of the

http://eulawanalysis.blogspot.com/2017/12/criminal-law-human-rights-and.html [accessed Jun 2019] CJEU (2019), Annual Report 2018 , Luxembourg: Court of Justice of the European Union / Communications Directorate. Retrieved from https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-04/ra_pan_2018_en.pdf [accessed 15 Jun 2019] Constitutional Court of the Czech Republic (2006), Cukerné kvóty , Judgement of the Constitutional Court, Pl. ÚS 50/04, ECLI:CZ:US:2006: Pl.ÚS.50.04. Constitutional Court of the Czech Republic (2009), Pfizer , Judgement of the