Exception of unconstitutionality – way of individual access to the constitutional justice
Journal Title: Revista Institutului Național al Justiției - Year 2016, Vol 36, Issue 1
Abstract
In the present paper, the author analyses the institution of the exception of unconstitutionality, including the developments in this area in the domestic case-law and the comparative law aspects. The exception of unconstitutionality is an efficient instrument of the person’s access to constitutional justice in many countries. Over the years, in our country, due to the restrictive application of the constitutional provisions, this institution had operated in an ineffective form. By Judgment No.2 of 9 February 2016, performing a functional and evolutive interpretation of the constitutional provisions, the Constitutional Court paved the way for the efficiency of this institution. If it will be possible to improve the institution’s potential, from the stage of trial on the merits, the access to the Constitutional Court by means of the exception of unconstitutionality will be an effective measure to defend the constitutional rights of the individuals in Republic of Moldova. It will be also an effective way to review the constitutionality of the laws concerning the fundamental rights and freedoms.
Authors and Affiliations
Aurel Băieșu
Keywords
Related Articles
- EP ID EP214361
- DOI -
- Views 96
- Downloads 0
The concept of administrative liability and its forms
In the national law, the administrative liability is confused with the contraventional liability. This impose an analyse of the concept of administrative liability, its peculiarities and the identification of liability f...
The civil liability and its’s efficiency on the prevention and counteracting unfair competition actions
The article exposes the aspects of civil legal liability for unfair competition actions and reflects the role of this liability in preventing and counteracting it. The author states that the cessation of the unlawful act...
Particular forms of evaluation and assessment of judges: between exigency of a consolidated justice and violation of justice independence
The issue analyzed in the present paper refers to the fact if judges must be verified and/or assessed in their activity. In case of affirmative answer, we have to establish exigencies demanded for these verifications and...
Defining aspects on the contractual and judicial protection measures of adult natural persons
The legal capacity of natural persons has a different regulation into national law, so that natural persons cannot be claimed incapable. However, protection measures can be imposed on adult individuals or on individuals...
The assignments of Constitutional Court of Republic of Moldova in matters of control of executive power acts
This study is dedicated to an analysis of the assignments of the Constitutional Court on issued documents by executive authorities. A central place in this study is dedicated to the Government as main component and respo...