Monday, July 28, 2014
Viorel Pasca (West University of Timisoara) has posted Romania's New Penal Code and the Saga of its Adoption (Journal of Eastern European Criminal Law issue 1/2014) on SSRN. Here is the abstract:
The decision to proceed to the drafting of a new Penal Code was not a mere manifestation of the political will, but equally represented a corollary of the economic and social evolution and also of the doctrine and case-law and was based on a series of shortcomings in the regulation of the 1968 Penal Code.
A very important role in the harmonization of the legislation with the constitutional provisions has been played by the Constitutional Court, both through its a priori and a posteriori judicial review, the latter taking the form of the settlement of the constitutional challenges raised before the courts.
The harmonization of the provisions of the Penal Code with the new constitutional order was performed in this manner, followed, but not always, by appropriate legislative changes.
Following the overturn of the communist regime, the 1968 Penal Code was amended or supplemented 54 times, out of which 23 times by means of Government Emergency Ordinances, in order to put in line with the new constitutional regulations and the requirements of Romania’s European integration process.