Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Simina TĂNĂSESCU – Revision of economic Constitution in Romania

Article does not present an analysis of the revision of the Constitution of Romania, but a systematization of concepts, namely the economic constitution, economic ideology and at the same time, it succeeds to overtake the status quo regarding these notions into Romanian society.

The economic constitution must be understood as the system of rules governing a particular human behavior and at the same time, establishes an ideology to follow; the ideology, in particular, is that of the market economy.

But the goal set is to establish the theoretical model within the economic constitution fits.

Analyzing the two principles of the market economy (freedom of contract and free competition) it is seen that main purpose of the state is to protect the fundamental rights and freedoms of citizens.

At this point we can refer to the apparent contradiction between the welfare state and the market economy, concepts that, actually, complete the image of the economic constitution: the two principles are essentially devoted to coexist, complete and guarantee the observance of the rights in a society based on free trade.

The mere good faith interpretation of the constitutional provisions may establish the existing balance of the system which, once understood, is proving to be effective.