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Constitutional Court's president: Fundamental law adopted in 1991 is Constitution of Freedom

Curtea Constitutionala
Marian Enache

The President of the Constitutional Court of Romania, Marian Enache, stated on Thursday that the Constitution adopted in 1991 is a Constitution of Freedom, which, both in its contents and in its spirit, was meant to expresses at the same time the organization of state power, but also ensures the guarantee of freedom, told Agerpres.

According to a release from the CCR on Thursday, Marian Enache delivered the lecture "Constitution of 1991: Resumption or reinvention of Romanian constitutionalism?", organized by the Acad. Andrei Radulescu Legal Research Institute of the Romanian Academy (ICJ), with the support of .

The lecture is part of the cycle of conferences with the theme "Constitutional tradition and the perspectives of constitutionalism in Romania", dedicated to the centennial anniversary of the Romanian Constitution of March 29, 1923, the cited source shows.

During the lecture, Marian Enache showed that "this inspired approach of welcoming the event marking one hundred years since the appearance of the Constitution in 1923 is both a resumption of a practice of informing and disseminating knowledge and progress from different legal branches, from the period before the WWI and inter-war, but at the same time, in "our case" it also constitutes an intention to reveal and capitalize the past and the traditions of Romanian constitutionalism".

"No people have pure traditions, each human community has shaped its own organization and institutions through the influences of other political-juridical and cultural communities in larger areas, as well as through the concrete historical circumstances that shaped their destiny. What differentiates them, however, on each individual is the will to constitute a tradition/an ensemble of traditions, the degree of their integration, the strength and respect they impose on them, the reference to them as a permanent axiological system, their harmonization with the new layers of innovations and taking them in an analytical spirit. In reality, no generation takes everything from the beginning, does not invent everything, but each of them, in order to move forward, look behind them to see what was good, valuable and useful, how can the existential and cultural 'relay' of a people that always seeks its vitality and strength from its own roots be continued", Marian Enache pointed out.

The President of the CCR also emphasized that "the Fundamental Law adopted in 1991 is a Constitution of Freedom", which, both by its content and, above all, by its spirit, was meant to express at the same time the organization of state power, but to ensure and the guarantee of freedom, as a key value from which the entire construction of the constitutional edifice proceeded, adding that the discussions regarding the extent to which these goals were achieved are subject to permanent evaluations by the doctrine.

"After the revolutionary change of the communist regime and the adoption of the Constitution of 1991, the Romanian state and law returned to the coordinates of the new matrix of European law, managing, in the more than 30 years of democracy, to build a state of law that meets the requirements the civilized model of European-style democracy. (...) Of course, in the drawing up of a new Constitution, after the change of a totalitarian regime, in Romania the new political forces resulting from the revolutionary process opted for a democratic regime, based on the principles of the separation of powers in the state, of the political and social pluralism of the free elections held at different time intervals under the conditions and the guarantee of the fundamental rights and freedoms of the citizens, of the requirements of the rule of law", said Marian Enache.


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