Deciziile Curții Constituționale, legitimitate prin discriminare
Decisions of the Constitutional Court, Legitimacy Through Discrimination

Author(s): Mihaela Aghenitei, Jafar Samdani
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Universul Juridic
Keywords: CCR Decisions; effects; legality; absolute nullity; discrimination;
Summary/Abstract: Constitutional Court Decision no. 26/2019 expressly stating that the courts had the possibility of removing the probationary procedures performed by the intelligence services as the Court ruled on the involvement of Romanian Intelligence Service in the act of justice and in the sanctions incident in these cases, it does nothing more than point out that where the absolute nullity intervened during the resolution of the cases, the subsequent regulation is necessary in order to remove the consequences of this nullity. According to the decision of the Constitutional Court of Romania, to which we referred, it turns out that the effects of the decisions of the Court occur, in pending cases and regarding acts drawn up based on the texts of law declared as unconstitutional, before the publication in the Official Monitor of the decisions of the Constitutional Court. Therefore, it is not justified to limit the application of such decisions only in the ordinary appeals or during the resolution of the cases, thus creating a discrimination between the previous cases and the cases after the appearance in the Official Monitor, the relevant ministry being able to take measures in this meaning through a legislative proposal.

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