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The Dialogue of Constitutional Judges

Tudorel Toader and Marieta Safta

This book, both internally and internationally, determines the constitutionalization and uniformity of law, respectively the overall strengthening of the protection of values of the rule of law. The authors present the mechanisms of institutional cooperation between the Constitutional Court and the Court of Justice of the European Union, the European Court of Human Rights, the other constitutional courts, the Venice Commission, the Parliament, the President of Romania, the Government, the Advocate of the People, the courts of law and the media.
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Regardless of the constitutional review model chosen by states, the constitutional courts imposed themselves in the architecture of the rule of law, a development that was also facilitated by the institutional dialogue between them.

Starting from the role of the constitutional courts, their activity must be approached and analysed in the complex system of the relationships determined by this development at national, international and over-national level. Having in view the nature of these relationships, as well as the effects they take, we consider that they can be subsumed to the broad concept of institutional “dialogue”. As for the Constitutional Court of Romania, thus there are mechanisms of institutionalised relationship/cooperation both at international level – with other constitutional courts, international or over-national courts, and at national level – with various public authorities and even with the mass-media. Their configuration way determines us to support the idea of a permanent dialogue whose effects are materialised in a process of law constitutionalisation, of “shaping” and adapting the juridical institutions, and eventually, in a process of standardising the law, particularly visible in the matter of regulating the rights and fundamental freedoms and their guarantees.

Even if, after the adoption of the solutions with a constitutional value, certain amendments were made to the legislation, those solutions maintain their validity in the absence of an amendment to the Basic Law; therefore the decisions of the constitutional court refer to the reference norms, on the date of their issuance.

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