INFLUENȚA JURISPRUDENȚEI CURŢII CONSTITUȚIONALE ASUPRA ANSAMBLULUI NORMATIV, CU PRIVIRE SPECIALÃ LA PROBLEMA OMISIUNILOR LEGISLATIVE

The mechanism of constitutional review plays an important role in the development of the normative system. It prevents the Parliament and the Government to adopt unconstitutional laws or ordinances and, at the same time, it stimulates them to edict normative regulations in accordance with the provisions of the Constitution. In what concerns the legislative omissions, the Constitutional Court of Romania is not competent to modify or to supplement the provisions under review, following the classical theory of ‘negative legislator’. Despite of a vast case-law that reflects this rule of conduct, a new and more flexible approach appears to be more effective in correcting the constitutional deficiencies. Pointing out the lack of constitutionality due to certain legislative omissions is what brings the Constitutional Court of Romania closer to the other European jurisdictions of constitutional review.