Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Nasty Marian VLĂDOIU – A code of constitutional procedure between need and doctrine caprice

This paper highlights the opportunity of adopting a code of constitutional procedure, the moment being considered favorable for the launch of such reflections on “the legal ideas market”. So far nor the specialized literature neither the academic discussion have taken this topic on board, so this article is meant to draw attention of specialists in constitutional law, of the legislator, of lawyers, students and practitioners, on this idea. The idea of a constitutional procedure code is supported by various arguments, and in the end, even if the idea itself will not be materialized in a code of constitutional procedure in the near future, it is satisfactory that it will get the attention of the academic community in Romania. Such a codification would have important practical consequences, of general use, systematising the jurisprudence of the Constitutional Court so that the practitioner’s orientation will be easier. Of course, the scale of the proposed project is not comparable to that of other fundamental codes, but simply enunciating the idea of a codification process at constitutional level, despite de novelty of the topic, is ultimately part of the Romanian State’s legal-political culture.