LE JUGE CONSTITUTIONNEL ROUMAIN, GARANT DE L’ACCÈS LIBRE À LA JUSTICE
THE ROMANIAN CONSTITUTIONAL COURT, GUARANTOR OF FREE ACCESS TO JUSTICE

Summary/Abstract: The Romanian Constitutional Court has the competence to control the laws, both by means of an a priori control and also by those of an a posteriori control. The latter is exercised by means of a prejudicial question, raised during a trial, the action popularis being excluded. The free access to justice (article 21 of the Romanian Constitution), represents one of the fundamental rights upon which the Court is generally called to conclude. By several decisions, the Constitutional Court has reaffirmed its role of guardian of the fundamental law, giving the adequate interpretation of article 21, many times referring to the ECHR case law, regarding the notion of reasonable, the court costs, the trial length, the right to sue and to appeal the judicial decisions or to take a matter to an administrative jurisdiction.

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