CC asks for analysis of practice concerning raising of exceptions of unconstitutionality

The Constitutional Court (CC) established that the number of applications to have exceptions of unconstitutionality raised that are filed repeatedly, abusively and unjustifiably has increased. Therefore, it recommended the Supreme Court of Justice and the Superior Council of Magistracy to work in concert with the Union of Lawyers and analyze the practice concerning the raising of exceptions of unconstitutionality, IPN reports.

CC president Vladimir Țurcan, in an event to present the report on constitutional jurisdiction in 2019, said such an analysis will help improve the quality of applications regarding exceptions of unconstitutionality as there were identified situations when the author of an application invoked provisions that earlier represented the object of another application submitted by the same author. Also, the CC noticed that the judges accepted applications to raise the exception of unconstitutionality and remitted these to the CC repeatedly and unreasonably, while lawyers asked to have the exception of unconstitutionality raised repeatedly and abusively with the aim of delaying the examination of the case.

According to Vladimir Țurcan, 82% of the applications submitted to the CC in 2019 referred to the raising of exceptions of unconstitutionality. A total number of 235 applications were filed in 2019, as opposed to 211 in 2018 – 211. As many as 84 applications were submitted since last August, when the new makeup of the CC took over, until the end of last year. Most of these referred to penal law, civil law, administrative law, social, economic, cultural and political rights.

Most of the applications last year were filed by courts of law (194), followed by those of MPs and parliamentary groups (20). In 2019, there were adopted 152 decisions concerning the inadmissibility of applications, as against 162 in 2018.

  • Vladimir Turcan despre ridicarea exceptiilor de neconstitutionalitate
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