L’exception d’inconstitutionnalite en Roumanie: instrument de protection des droits ou technique dilatoire?
The Exception of Unconstitutionality in Romania: Instrument for the Protection of the Rights or delaying Technique?

Summary/Abstract: The present article discusses a particular situation recently born in the Romanian constitutional law: the change of the procedure of solving exceptions (referrals) of unconstitutionality, by eliminating the suspension of the main trial after appealing to the Constitutional Court. saisine de la Cour constitutionnelle. The author makes a critique of this „legislative solution” of an actual problem – of using the referral of unconstitutionality as a delaying technique by some litigators. In doing that, she invokes comparative law arguments and also the contemporary doctrine, discussing the situation by reference to the legal certainty principle and to the protection of fundamental rights, which seem forgotten in favour of the celerity of judicial proceedings.

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