Marian Enache praises the CCR contribution to democracy

The president of the Constitutional Court of Romania, Marian Enache, states that, apart from the rule of law, democracy becomes « anarchic, arbitrary » and is no longer related to the demands of constitutional values ​​and principles, the « foundation » of any democratic regime.

According to a statement of the RCC, the president of the Constitutional Court, Marian Enache, met, on Wednesday, with Nicolas Warnery, the Ambassador of France in Bucharest, a context in which the excellent relations between the two states, the traditions of collaboration, cultural and friendship between Romanians and French were underlined. During the conversations, he was also discussed on topics of legal interest.

Nicolas Warnery addressed a message of support and solidarity towards the Constitutional Court of Romania in the defense of the rule of law, democracy and Western constitutional values, the source said.

The president of the RCC stressed that, in a relatively young democracy as of Romania, the role and functions of the Constitutional Court of Defense of the existence of the Romanian democratic and sovereign state, of its values, of maintaining the balance of powers in the state, as well as of the constitutional democracy represents « permanent imperatives of Romanian constitutionalism ».

« We consider constitutionalism and constitutionality a barometer to measure the democratic level of a country. The importance of promoting and affirming constitutional principles, values ​​and procedures represents a sine qua non condition of the rule of law. In view of the process of constitutionalizing the entire system of law, the strengthening and consolidation of constitutionalism are decisive for the constitutional state. The rule of law is an activity of rationalization within which the control of constitutionality is valued as a structuring and authorizing principle of constitutional democracy. Because the rule of law equates semantically with the constitutional state, and democracy with its rules, rights and freedoms must be carried out within the limits of constitutional democracy. The constitutional order is the system of reference and validation of an authentic democracy. For the Constitutional Court of Romania, the respect and protection of the constitutional order is a priority. Apart from the rule of law, democracy becomes anarchic, arbitrary and no longer relates to the demands of Western values ​​and constitutional principles, the foundation of any democratic regime ”, said Marian Enache, quoted in the statement.

He added that the decisions of the Constitutional Courts protect and guarantee the supremacy of the Constitution.

« The penetration of populism in the decisions or decisions of a constitutional court is directly proportional to the weakening of the democracy of a state. The decisions and decisions of the Constitutional Courts protect and guarantee the supremacy of the Constitution, these being the anchor of maintaining a state in the fundamental coordinates of democracy. It is necessary to edicts, at the level of the national and European Union, a set of legal regulations for the discipline, transparency and democratic control of the new information systems and devices in order to prevent the violation of rights and freedoms. In the absence of these regulations, the potential risks of artificial intelligence can have a major impact for the stability of government, the protection of the sovereignty and security of the states, as well as in the sphere of human rights ”, pointed out the president of the RCC.

According to the statement, the ambassador of France expressed the support and sharing of the common values ​​of the constitutionalism, as an integral part of the legal heritage of Francophonie and the other law systems that implement the values ​​of the constitutional civilization.

At the end of the meeting, both parties discussed the opportunity for a bilateral meeting with the Constitutional Council in France to carry out an exchange of jurisprudence and good practices, in order to revitalize in the constitutionalism of Franco-Romanian relations, CCR shows.