The canon of reasonableness (and proportionality) in constitutional jurisprudence on housing. Insights from ruling no. 1 of 2025

Abstract

Recently, the Constitutional Court, with ruling no. 1/2025, offered some (new?) food for thought regarding the criterion of reasonableness (as well as proportionality) as a parameter of legitimacy regarding the sensitive issue of housing construction. These brief reflections aim to explore how the Constitutional Court, despite some shortcomings in its reasoning, sought to reaffirm, among other things, the existence of a «flexible» review, based not so much on the specific content of the legislative provision as on the stated purposes of the regulatory intervention