Parts I - II

Ştefan DEACONU, Ph.D. in Law, Lecturer Professor, Special jurisdictions in the case law of the Romanian Constitutional Court. Case Analysis – National Council for the Study of the Securitate Archives
Following the revision of the Constitution in 2003, administrative special jurisdiction is optional and free of charge in Romania. In compliance with Law no. 187/1999, the National Council for the Study of the Securitate Archives (CNSAS) has a series of jurisdiction prerogatives that have been declared unconstitutional by the Constitutional Court, in the Decision no. 51/2008. According to this Decision, the Constitutional Court has shown that jurisdiction of CNSAS is an extraordinary jurisdiction and it is not art of the administrative special jurisdictions provided by Constitutions. The extraordinary character of its jurisdiction resides in the confusion between investigation, judgement and resolution of ways of appeal against its own decisions; limitation of the right to defense of persons verified; arbitrary administration and assessment of bodies of evidence and the possibility to give, in the same cases new rulings, contrary to the ones validated by definitive decisions of the courts of law.

The article herein performs an analysis of the administrative special jurisdiction from the perspective of the case law of the Romanian Constitutional Court, with special emphasis of the Decision on the constitutionality of the CNSAS prerogatives, provided by Law no. 187/1999.

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