Observații cu privire la Decizia Curții Constituționale nr.118/2018 în contextul trinomului constituționaliotate-legislație-jurisdicție
Observations on the Decision of the Constitutional Court no. 118/2018 in the Context of the Trinom Constitutionality-Legislation-Jurisdiction

Author(s): Nelu Dorinel Popa
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Criminal Law, Source Material
Published by: Universul Juridic
Keywords: Right to learn; Constitutional Court; Constitutionality; Set up a high school; Legislator/lawmaker; Case law/jurisprudence; Executive authority;
Summary/Abstract: A judicial authority found the crime against the background of initiation of actions for the establishment and functioning in accordance with the law of T.R.C. II R.F. High School from T.M. On 2017 the Law was passed establishing the T.R.C II R.F. High School from T.M. for legalisation. By decision no. 118/19.03.2018, Constitutional Court sustained the objection of unconstitutionality, noting that the above-mentioned Law was unconstituional. Neither the measures initiated at public institutions within the executive authorities nor cases pending before the courts failed to legitimize the set up of above-mentioned High School, the fundamental right to learn of interested people being not respected.

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