Aspects Concerning the Admissibility of the Exception of Unconstitutionality
Aspects Concerning the Admissibility of the Exception of Unconstitutionality

Summary/Abstract: Access to constitutional justice by way of the exception ofunconstitutionality is subject to conditions, provided by law and developed inthe practice of the Romanian courts of justice and of the ConstitutionalCourt. An exception of unconstitutionality implies a procedural mechanismthat must meet the conditions of predictability and clarity, in order to ensurelegal certainty and effective access to constitutional litigation. We intendthis paper to be a useful tool for litigants and for the courts when they referto the Constitutional Court with exceptions of unconstitutionality, in terms ofa clear delimitation of the powers of the courts of justice and theConstitutional Court.

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