The role of precedents and case-based reasoning in the case law of the Romanian Constitutional Court

Abstract

Romania has a continental judicial system and an independent Constitutional Court that is not a part of the judiciary. The principle of judicial precedents is not applicable within the Romanian judicial system. The present chapter examines the impact of the Constitutional Court’s case law on ordinary courts, through the most interesting and controversial examples of the recent years, as well as its influence on the judicial dialogue between the Constitutional Court and national, foreign and international courts (European Court of Human Rights and Court of Justice of the European Union). The authors also discuss the context of the interaction between the Romanian Constitutional Court and the Romanian judiciary and the tendency of the Constitutional Court to become (even willingly) an instrument used for political purposes. This tendency can affect the outcome of pending cases before ordinary courts and even overturn final judicial decisions.