17. Suspendarea contractului individual de muncă. Neconstituționalitatea dispozițiilor care constituie temeiul de drept al măsurii. Efectele deciziei Curții Constituționale
17. Suspension of the individual employment agreement. Unconstitutionality of the provisions which represent the legal basis of the measure. The effects of the decision of the Constitutional Court

Summary/Abstract: The decision under which the Constitutional Court, when exercising the concrete, subsequent power, settles, through admission, the plea of unconstitutionality which is mandatory and produces erga omnes effects, and not only inter partes litigantes, even if it is delivered in a litigation pending before the court between specific parties. The courts obliged under the Constitution to observe only the Constitution and the laws as regards the settlement of litigations in the courts are, to the same extent, obliged to observe the final and binding decisions of the Constitutional Court, which means that in a pending trial, the court may not provide any legal effect to the rule declared as unconstitutional, and which disappeared from the active legislative basis.

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