Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Daniel PISTEA – Constitutionalisation and suspended sentence with probation

Constitutionalisation of the legal system is the main effect of the supremacy of the fundamental law. Transformation of law, as a consequence of constitutionalisation, is mainly translated into amendment of legal norms so they comply with constitutional provisions.

This paper addresses a particular case of constitutionazation through amending certain provisions of the Criminal Code following a decision of the Constitutional Court. Nevertheless it aims at warning against the manner in which the Romanian legislator ignores constitutional provisions concerning non-discrimination criteria.