SCURTE CONSIDERAŢII DESPRE (NE)CONSTITUŢIONALITATEA DECIZIEI ÎNALTEI CURŢI DE CASAŢIE ŞI JUSTIŢIE NR. 5/2021
BRIEF CONSIDERATIONS ABOUT THE (UN)CONSTITUTIONALITY OF THE DECISION OF THE HIGH COURT OF CASSATION AND JUSTICE NO. 5/202

Summary/Abstract: The Constitutional Court has established in its jurisprudence that although the decision of the Court including of the High Court of Cassation and Justice are subject exclusively to the remedies provided by law, the text of the law is criticize in the interpretation given before the High Court is obligatory for the others courts it has the competence to rule on the merits of the case. Through the contravention process the competent authority can apply a main sanction as well as a complementary sanction, and the applied sanction must respect the principal of proportionality between them and the degree of concret dangerous. Any person dissatisfied with the application of this sanctions may apply to independent and impartian Court which may rule on the legality and validity of the act of contravention. The Court must exercise effective and total judicial control all aspect invoked by the petitionar in order not to violate his right to fair trial art 6 CDHR. The right to fair trial art 6 CDHR requirest that the petitioner benefit from an effective way to access the Court that can analyze all measures sanctions applite by the authority. According to the Decizion 5/2021 control of legality, validity, opportunity, proportionality carried out by the Court would be only partially limited only to the main sanctions. Complementary sanctions could no longer censured by the petitioners right to effective and concrete remedy. In this way the complementary sanctions could be analyzed a judge being violated even the right to judge by him.

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