THE PRINCIPLE OF LEGALITY

Authors

  • Simina-Mihaela MICLEA Author

Keywords:

Principle of Legality, Nullum Crimen Sine Lege, Constitutional Law, Abuse of Office, Psychoactive Substances, Judicial Predictability, Romanian Criminal Code

Abstract

The principle of nullum crimen, nulla poena sine lege serves as the ultimate safeguard against judicial arbitrariness. This article traces the historical origins of the principle of legality and analyzes its rigorous requirements for the modern legislator: clarity, accessibility, and non-retroactivity. Through a detailed examination of landmark rulings—including Constitutional Court Decision 405/2016 on abuse of office and ICCJ Decision 25/2025 regarding driving under the influence—the study highlights the ongoing struggle to ensure that criminal norms remain predictable for every citizen.

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Published

2026-05-07

Issue

Vol. 2: UMFST Law Review

Section

Articles