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Outside rule of law, democracy no longer relates to demands of Western constitutional values (CCR president)

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The president of the Constitutional Court of Romania (CCR), Marian Enache, says that, outside the rule of law, democracy becomes „anarchic, arbitrary” and no longer relates to the demands of Western constitutional values and principles, the „foundation” of any democratic regime.

According to a CCR press release sent to AGERPRES, the president of the Constitutional Court, Marian Enache, met on Wednesday with Nicolas Warnery, the French ambassador in Bucharest, in which the excellent relations between the two countries, the traditions of cooperation, culture and friendship between Romanians and French were emphasized. During the talks, topics of legal interest were also discussed.

Nicolas Warnery addressed a message of support and solidarity with the Constitutional Court of Romania in defence of the rule of law, democracy and Western constitutional values, reads the cited source.

The CCR president emphasized that, in a relatively young democracy like Romania’s, the role and duties of the Constitutional Court in defending the existence of the democratic and sovereign Romanian state, its values, the maintenance of the state powers balance, as well as of the constitutional democracy represent „permanent imperatives of Romanian constitutionalism”.

„We consider constitutionalism and constitutionality as a barometer to measure the democratic level of a country. The importance of promoting and affirming constitutional principles, values and procedures is a sine qua non of the rule of law. Given the process of constitutionalization of the entire system of law, the strengthening and consolidation of constitutionalism are decisive for the constitutional state. Rule of law is an activity of rationalization within which the control of constitutionality is valued as a structuring and ordering principle of constitutional democracy. Because the rule of law is semantically equivalent to the constitutional state, and democracy with its rules, rights and freedoms must unfold within the limits of constitutional democracy. Constitutional order is the system of reference and validation of an authentic democracy. For the Constitutional Court of Romania, respecting and protecting the constitutional order is a priority. Outside the rule of law, democracy becomes anarchic, arbitrary and no longer relates to the demands of Western constitutional values and principles, the foundation of any democratic regime,” Marian Enache was quoted as saying in the press release.

He added that the decisions of constitutional courts protect and guarantee the supremacy of the Constitution.

„The intrusion of populism in the decisions or rulings of a constitutional court is directly proportional to the undermining of a state’s democracy. Decisions and rulings of constitutional courts protect and guarantee the supremacy of the Constitution, as they are the anchor for maintaining a state in the fundamental coordinates of democracy. It is necessary to enact, at the level of national states and the European Union, a set of legal regulations for the discipline, transparency and democratic control of new information systems and devices in order to prevent the violation of rights and freedoms. In the absence of such regulations, the potential risks of artificial intelligence may have a major impact on the stability of governance, the protection of the sovereignty and security of states, as well as in the sphere of human rights,” the CCR president pointed out.

According to the release, the French ambassador expressed his support and endorsement of the common values of constitutionalism, as an integral part of the legal heritage of the French-speaking world and of other legal systems that implement the values of constitutional civilization.

At the end of the meeting, both sides discussed the opportuneness of a bilateral meeting with the Constitutional Council of France in order to exchange jurisprudence and best practices, with the aim of revitalizing Franco-Romanian relations in the field of constitutionalism, shows the CCR in the press release.

AGERPRES

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