Profound changes in the legal system: Constitutional Court of the Republic of Moldova made it possible for every litigant to raise the exception of unconstitutionality Cover Image
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Profound changes in the legal system: Constitutional Court of the Republic of Moldova made it possible for every litigant to raise the exception of unconstitutionality
Profound changes in the legal system: Constitutional Court of the Republic of Moldova made it possible for every litigant to raise the exception of unconstitutionality

Author(s): Tănase Alexandru
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: constitutional review; exception of unconstitutionality; individual complaint to the Constitutional Court;

Summary/Abstract: This study analyses the Judgment of the Constitutional Court of Moldova no. 2 of 9 February 2016 for the interpretation of Article 135 para. (1) letters a) and g) of the Constitution of the Republic of Moldova (exception of unconstitutionality), by which it has been decided that the right to raise the exception belongs to all courts of law, respectively to judges who belong to such courts, and the challenge regarding the constitutional review of certain rules which are to be applied in the settlement of a case shall be submitted directly to the Constitutional Court by the judges/panels of judges in the Supreme Court of Justice, courts of appeal and courts, where the case is at issue. Opening to every individual the opportunity to raise the exception of unconstitutionality, the existing mechanism for the protection of human rights has been redefined, representing the first significant step towards the introduction of an individual complaint to the Constitutional Court.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 9-21
  • Page Count: 13
  • Language: English