Aspects concerning the Admissibility of the Exception of Unconstitutionality

Access to constitutional justice by way of the exception of unconstitutionality is subject to conditions, provided by law and developed in the practice of the Romanian courts of justice and of the Constitutional Court. An exception of unconstitutionality implies a procedural mechanism that must meet...

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Bibliographic Details
Main Authors: S.G. Barbu, C.M. Florescu
Format: Article
Language:English
Published: Transilvania University of Brasov Publishing House 2020-12-01
Series:Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
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Online Access:https://webbut.unitbv.ro/index.php/Series_VII/article/view/286/226
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Summary:Access to constitutional justice by way of the exception of unconstitutionality is subject to conditions, provided by law and developed in the practice of the Romanian courts of justice and of the Constitutional Court. An exception of unconstitutionality implies a procedural mechanism that must meet the conditions of predictability and clarity, in order to ensure legal certainty and effective access to constitutional litigation. We intend this paper to be a useful tool for litigants and for the courts when they refer to the Constitutional Court with exceptions of unconstitutionality, in terms of a clear delimitation of the powers of the courts of justice and the Constitutional Court.
ISSN:2066-7701
2971-9410