Post by account_disabled on Dec 20, 2023 18:22:37 GMT 10
Athe rejection conclusion through a decision. The fact that according to art. paragraph of law the courts decision must also include its opinion on the exception does not mean that the substantive court has carried out an effective constitutional review since the Courts referral decision is only an act procedurally it is not equivalent to a decision on the merits or otherwise of the exception nor does it constitute a prepronouncement the court being effectively bound by the solution given by the Court on the constitutionality or unconstitutionality of the criticized norm. According to art. para. of Law no. during the resolution of the exception of unconstitutionality the trial of the case is suspended ope legis.
The suspension lasts for the entire duration of the resolution of the country email list exception of unconstitutionality by the Constitutional Court following that after the communication of the Courts decision after publication in the Official Gazette of Romania and the resending of the case file to the court the trial of the case will be put back on the docket by resolution of the president the respective court. The suspension is ordered by the same conclusion by which the court admits the exception of unconstitutionality Referral to the Constitutional Court by the Peoples Advocate. The direct referral to the Constitutional Court with an exception of unconstitutionality outside of a trial can only be made by the Peoples Advocate.
The Peoples Advocate can intervene both in the framework of the constitutional review prior to the promulgation of laws but also in the subsequent constitutional review by directly raising the exception of unconstitutionality regarding laws a law or ordinance in force by submitting direct of a motivated address. The right of the Peoples Advocate to invoke an exception of unconstitutionality is based not on the existence of a personal interest but on its quality as a fundamental institution of the rule of law.
The suspension lasts for the entire duration of the resolution of the country email list exception of unconstitutionality by the Constitutional Court following that after the communication of the Courts decision after publication in the Official Gazette of Romania and the resending of the case file to the court the trial of the case will be put back on the docket by resolution of the president the respective court. The suspension is ordered by the same conclusion by which the court admits the exception of unconstitutionality Referral to the Constitutional Court by the Peoples Advocate. The direct referral to the Constitutional Court with an exception of unconstitutionality outside of a trial can only be made by the Peoples Advocate.
The Peoples Advocate can intervene both in the framework of the constitutional review prior to the promulgation of laws but also in the subsequent constitutional review by directly raising the exception of unconstitutionality regarding laws a law or ordinance in force by submitting direct of a motivated address. The right of the Peoples Advocate to invoke an exception of unconstitutionality is based not on the existence of a personal interest but on its quality as a fundamental institution of the rule of law.