Obligation to Apply the Decisions of the Constitutional Court by the Courts Cover Image

Obligativitatea aplicării deciziilor Curții Constituționale de către instanțele de judecată
Obligation to Apply the Decisions of the Constitutional Court by the Courts

Author(s): Bogdan Buneci
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Universul Juridic
Keywords: Constitutional Court; unconstitutionality; decision; immediate enforcement; fair trial;
Summary/Abstract: The immediate enforcement of procedural norms in expressly included in national legislation and is also a general principle of law in the European Union, which provides that these norms apply to all pending criminal procedures upon the norms’ entry into force. As regards the immediate enforcement of Constitutional Court decisions, we note that this principle was consecrated by this Court’s case law in several decisions that established, in accordance with the provisions of art. 15 para. (2) of the Romanian Constitution, that courts of law shall directly enforce art. 21 para. (3), art. 124 and art. 126 para. (1) of the Romanian Constitution, which refer to the immediate enforcement of the provisions included in decisions of the Constitutional Court. In fact, the provisions of the law on the organization and functioning of the Constitutional Court expressly provide that the decisions finding the unconstitutionality of a law or ordinance or of a provision included in a law or ordinance in force, are mandatory.