Excepţia de neconstituţionalitate – cale de acces individual la justiţia constituţională

Abstract

In the present paper, the author analyses the institution of the exception of unconstitutionality, including the developments in this area in the domestic case-law and the comparative law aspects. The exception of unconstitutionality is an efficient instrument of the person’s access to constitutional justice in many countries. Over the years, in our country, due to the restrictive application of the constitutional provisions, this institution had operated in an ineffective form. By Judgment No.2 of 9 February 2016, performing a functional and evolutive interpretation of the constitutional provisions, the Constitutional Court paved the way for the efficiency of this institution. If it will be possible to improve the institution’s potential, from the stage of trial on the merits, the access to the Constitutional Court by means of the exception of unconstitutionality will be an effective measure to defend the constitutional rights of the individuals in Republic of Moldova. It will be also an effective way to review the constitutionality of the laws concerning the fundamental rights and freedoms.

Keywords

• acces la justiţie
• drepturi şi libertăţi fundamentale
• recurs constituţional individual