The exception of unconstitutionality, 2013

Articles in this publication

Elena Simina TĂNĂSESCU - Plea of unconstitutionality in Romania - between reference exception injury and procedural

The claim arose from judicial interpretation in Romanian legal landscape in 1911.

Bianca SELEJAN-Gutan - Some remarks on removing the suspension process for invoking the objection

Article is a critical analysis of the legislative amendment of Law no.
177/2010 which amended the procedure for settling the objection.

Iuliana RICIU - Effects of constitutional control over administrative disputes. Effects of Constitutional Court decisions in administrative cases

Article is an analysis of the Romanian Constitutional Court's case law on administrative disputes.

Luc Briand – The ordinary judge is the first constitutional judge?

France experienced a legal revolution on 1st of March 2010, a veritable revolution of fundamental rights with the entry into force of the priority issue of constitutionality.

Stefan DEACONU - Control of the constitutionality of the repealed legal norms - cause of legal disputes of a constitutional nature between public authorities

Constitutional Court's jurisdiction to resolve legal disputes of a constitutional nature between public authorities increases the role of this institution within the state authorities.

Ioan MURARU, Andrei MURARU - A century of constitutional review in Romania

Article is an analysis of the emergence and development of constitutional review in Romania in the 100 years of existence.

Crenguţa Leaua - Exception of unconstitutionality and commercial arbitration. Some practical issues

The introduction of an express reference to the possibility of referral to the Constitutional Court with the exception of unconstitutionality either by the ordinary courts or by the arbitration tribunals is a mechanism that leads to a greater stability, because the constitutional review is possible without the necessity for an action for annulment of an arbitration decision based on a unconstitutional law.

Fabrice HOURQUEBIE - Predictability, unpredictability and redoubtability: the effects of priority issue of constitutionality

This article presents the priority issue of constitutionality procedure introduced in the Constitution of France after the constitutional revision of 23rd of July 2008, its effects on the position which the Constitutional Council has under the French institutional system and the relation between the Council and the two French Supreme Courts.

Attila VARGA - Efficiency of the exception and its effects on law-making

The paper analyzes the efficiency of the exception and its effects on law-making in Romania.

Richard GHEVONTIAN - Two years of priority issue of constitutionality in France. The first balance

This article presents a review of the first two years of a posteriori constitutional review in France: 1022 files in 2010 and 114 cases of priority issues of constitutionality in 2011.

Pactrick GAIA - Priority issue of constitutionality and the conventional control

Among the reasons which justified the introduction in France of a posteriori constitutional review we can find one that played a decisive role: it is the place which gained control of conventionality within domestic legal architecture.

Cristian Ionescu - The principle of the supremacy of the Constitution. Scientific basis and legitimacy of constitutional review of laws

In its case, the Constitutional Court stated that the constitution supreme hierarchy within normative acts has the consequence that laws and other normative acts must not conflict with the fundamental law.

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