Autor: Rodica Burdușel

Publicat în: Analele Universității „Titu Maiorescu”, 2017

Disponibil onlineaici.

Abstract: The Constitutional Court of Romania (CCR) clarified the meaning of the phrase „in case of cohabitation” by checking the constitutionality of art. 5 lit. c) of Law no. 217/2003 on the way of the exception of unconstitutionality, the control ending with the admission of the exception, and finding the unconstitutionality of the phrase and publishing Decision no. 264/2017 in the Official Gazette of Romania. Given that the decisions of the Constitutional Court take effect erga omnes and not only inter partes, we are following in the present study whether the articles of the Penal Code containing the concept of family member in the meaning of persons who have established relations similar to those of spouses will be affected, such as art. 5 let. c) of Law no. 217/2003, declaring the unconstitutionality of the phrase „in case of cohabitation”.

Keywords: family member; cohabiting; unconstitutionality; legal effects.