Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Lucian BERCEA – Constitutionalization of the protection of the consumer

The article presents the need to establish a balance in relation to economic relations between producers and consumers. This stability, in the author’s view, should be devoted to the constitutional level. Thus, he argues that, just as freedom of contract is regulated by the Constitution, it is equally necessary the regulation of consumer protection in the Romanian Constitution. To this ends, it shows both principled and factual reasoning. First, the article illustrates the existence of such regulations in many different countries around the world. Moreover, it expresses the need to regulate through ideas which refer to a system of levers of control, in the sense that it would protect consumers, it would rationalize the behavior of producers and it would implement a mechanism typical of “hard-law” that can operate in the Romanian legal system. In addition, regulation of the consumer protection has already been made, indirectly, by the Constitutional Court, the only thing needed being the revision of the Constitution in order to put across a situation that has become a fact.