Unconstitutional legislative solutions established through the 2014 Criminal Code

Abstract

The study continues the presentation of the jurisprudential evolution of the constitutional court, from the acknowledgement of the legal norm’s unconstitutionality to the acknowledgement of the unconstitutionality of the legislative solution promoted through the said norm, with precise reference to the field of substantive criminal law. The constitutionality control transcends the strict framework of the limitations of the referrals addressed to the Court, aimed at removing from the legislative system those provisions which resume the legislative solutions acknowledged as being unconstitutional. Thus, it is emphasized not only the sanctioning effect upon the norm constituting the subject matter of the exception of unconstitutionality, but also the preventive effect of the constitutionality control, through the legislator’s impossibility to resume the legislative solution declared unconstitutional, with the exception of the situation in which a change of the social and economic context takes place.