Part II

Elena-Simina TĂNĂSESCU, Professor Ph.D. Faculty of Law, University of Bucharest, Constitutional Court and Judicial System: Power Politics?
The procedure for the settlement of an exception of unconstitutionality raised

before the Constitutional Court of Romania (CCR) has been subject to recent amendments in terms of legislative provisions and jurisprudence. On the one hand, suspension of proceedings pending before ordinary courts of law becomes optional, being at the discretion of the judge who submits the referred prejudicial question to the CCR; on the other hand the CCR, revising its previous jurisprudence, considered admissible exceptions of unconstitutionality related to legal provisions no longer in force, but which still have legal effects. These two procedural matters set a new framework for the relations of (alleged) cooperation between the CCR and the ordinary courts of law.

Key-words: exception of unconstitutionality, prejudicial question, terms of admissibility, Constitutional Court, ordinary courts of law

« back