Realizarea controlului de constituţionalitate şi a controlului de convenţionalitate în România: despre interesul justiţiabilului
The constitutionality and conventionality control in Romania: on the legal interest of the justice seekers

Summary/Abstract: After the fall of the Berlin Wall, many former communist states had to effectively “transplant” into their legal system not only values and principles, with which they were not at all familiar, but also brand-new institutions. Among these new legal institution one can include, for example, the Ombudsman, the Romanian Constitutional Court (RCC) - practically, the entire idea of constitutional justice, including the access of individuals to it and the exception of unconstitutionality - and the direct access of Romanian citizens to the European Court of Human Rights. In this context, this paper aims to answer several questions, namely: 1. How do the Romanian citizens, currently, have access to constitutional justice and how frequently do they use it? 2. How do the Romanian citizens have access to the ECHR and which are the main features of this form of human rights protection? and 3. What could be the impact of a future direct access to the RCC, in terms of number of complaints addressed to the ECHR? If there would be the possibility of direct access to RCC, could this be translated into a reduction in the number of complaints addressed to the ECHR?

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