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SM ISO690:2012 PULBERE, Dumitru. Accesul cetăţenilor la Curtea Constituţională prin ridicarea excepţiilor de neconstituţionalitate. In: Revista Institutului Naţional al Justiţiei, 2008, nr. 4(7), pp. 41-50. ISSN 1857-2405. |
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Revista Institutului Naţional al Justiţiei | ||||||
Numărul 4(7) / 2008 / ISSN 1857-2405 | ||||||
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Pag. 41-50 | ||||||
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Article 135.(1).g of the Constitution of the Republic of Moldova referring to the
settlement of exceptional cases of unconstitutionality through submission of
pleas to the Constitutional Court by the Supreme Court of Justice, constitutes
at present one of the guarantees for citizens in view of sticking up for their fundamental
rights and liberties. The exception of unconstitutionality represents a
procedural means for putting in place citizen’s access to constitutionality control
of laws as bearer of fundamental rights and liberties.
The exception of unconstitutionality expresses an organic and logical link between
the issue of constitutionality and the essence of the lawsuit being stated
as an incident upon initiative of the parties or from the offi ce by the judicial body.
Hence, unconstitutionality exception represents an exception, as a matter and in
its capacity of public order, is a technical instrument of constitutionality control
which can be evoked in each phrase of a lawsuit.
The exception of unconstitutionality constitutes an important possibility of protecting
the rights of citizens but it is an insuffi cient one. Under current situation, a
person should at fi rst claim to be a victim of an unconstitutional law, then to bring
an action against the respective act. In case a law runs counter to the Constitution
and has not been subject of constitutionality control due to lack of complaint,
then only the exception can preclude it from producing negative eff ects, at least,
for a certain person whose case is under examination in a court.
Accordingly, it is considered as appropriate both to review the Constitution with
a view of enacting an institution for individual complaints on constitutionality
and establishing certain legal mechanisms allowing to revive and reanimate an
unconstitutionality exception that could be evoked not only through the Supreme
Court of Justice but mainly directly by each court, as already stipulated in the Civil
Procedure Code (Article 12/1). |
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