Posibilitatea clericilor ortodocşi de a-şi exercita drepturile în calitate de subiecţi de drept procesual în virtutea unor acte normative noi
The Ability of Orthodox Clergy under Recent Acts to Exercise Their Rights as Subjects of Procedural Law

Summary/Abstract: The Government Decision no 53/16.01.2008 published in the Romania’s Official Monitor on the date of 22 January 2008 recognized the Statute for the Organization and Functioning of the Romanian Orthodox Church. According to art. 50 letter e second thesis, the monks and clerks of the Romanian Orthodox Church may appear, may present themselves or may be brought before a court of justice, in person or by representative, in any type of causes, including in causes of personal interest, only with the written preliminary approval of the bishop. Using this normative text as a starting point, the present study (elaborated in 6 chapters) analyses the possibility of the orthodox clerks to exercise their rights as subjects of processual law, relating art. 50 letter e of the Government Decision to art. 6 corroborated with art. 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms and to art. 21 and 24 of the Romanian Constitution, in the Romanian normative ensemble. The study conclusions show that the provisions of art. 50 letter e second thesis of the Government Decision no 53/16.01.2008 are unconventional, unconstitutional and unlawful, which draws its inapplicability given the character of the superior norms and the possibility to go to the administrative contentious, and suggest that de lege ferenda it is necessary to bring alterations to the normative text.

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