Suchergebnisse

The integration, at the national level, of the jurisprudence of the European Court of Human Rights may open the subject of a dispute in relation to a contrary jurisprudence of the Constitutional Court, regarding the protection of human rights. This paper integrates the possible disputes and proposes ways of solving them, as well as proposals for improving the dialogue of European states regarding the jurisdictional protection of human rights.

A decision on interpretation issued in 2020 by the High Court of Cassation and Justice established that legal persons under private law cannot directly invoke in administrative court the infringement of a public interest, as they would replace the prosecutor, whose mission is to protect the general interests of the society and to defend the rights and freedoms of the citizens. The political parties are persons under public law. Can a political party act against an authority (most often a political opponent) in order to protect the general interests and to defend the rule of law, as well as the rights and freedoms of the citizens?

The Constitutional Court may be notified by the judiciary courts for the settlement of exceptions of unconstitutionality of a law or ordinance or of a provision of a law or ordinance in force, which is related to the settlement of the case. The courts have a filtering role regarding the admissibility of the referral to the Constitutional Court. If the court decides that the referral to the Constitutional Court is inadmissible, the act is subject to a specific appeal, with its own configuration, drawn up in the jurisprudence of the Constitutional Court and of the judiciary courts.