DECIZIILE INTERPRETATIVE ALE CURȚII CONSTITUȚIONALE A ROMÂNIEI ȘI IMPACTUL LOR ASUPRA CADRULUI NORMATIV

The decisions of the constitutional courts establishing unconstitutionality representa formal source of constitutional law, they assume the legal force of the constitutional norms theyinterpret and, at the same time, shape the national normative framework. These decisions are not onlypure and simple to ascertain the unconstitutionality of the legal text, but also interpretive, both typesof decisions contributing to the achievement of the same purpose, namely the constitutionalizationof the right. The particularity of the latter consists in the fact that it does not completely overturn thepresumption of constitutionality of the legal norm, but in a limited way, allowing the adaptation ofthe norm to the requirements, principles and values of the Constitution.The Constitutional Court of Romania appealed in its jurisprudence to the interpretive decisionsin a constructive way, which allowed the permanent and adequate connection of the laws to therequirements of the Constitution. Its jurisprudence makes the distinction between text and interpretation, valorizes the doctrine of living law and pays more attention to the applied legal phenomenonin a permanent evolution. Through these decisions, the Court avoided placing itself strictly in thesphere of Kelsenian normativism and its jurisprudential isolation, succeeding, in a way not withoutsyncope and challenges, to impose a paradigm of constitutionalism in the activity of legislation andinterpretation and application of the law.