„ACCESIBILITATEA” ŞI „PREVIZIBILITATEA” LEGII ÎN JURISPRUDENŢA CURŢII EUROPENE A DREPTURILOR OMULUI ŞI A CURŢII CONSTITUŢIONALE ROMÂNE

Availability and predictability of law – essential attributes of quality thereof – are and will certainly be some of the most common grounds for the conventional and constitutional control, not only because these legal requirements stand for fundamental premises of regulating and self-regulating social behaviour in a democratic society, but also because, inevitably, legal regulation always maintains a paradox, apparently insoluble: “the generality of the law” and its “accuracy”. Case law of the European court and the Romanian constitutional litigation court on the availability and predictability of the law is already sufficiently relevant to justify at least a synthetic outline in this area. This is what we attempt to do hereinafter.