Civil processual right. Decision of the Constitutional Court. Effects

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

The problem of the effects of a decision of the Constitutional Court is not a procesual exception, but a substantive problem that has consequences over the substantial rule of law that is applicable to the legal report deduced to the judgment. The effects of the decision of the Constitutional Court are reversed, on one hand, directly and immediatly, even in the case in which the exception of unconstitutionality was invoked, and on the other hand, through the legal mechanisms provided by art. 147 paragraph 1 and 4 of the Constitution and art. 31 paragraph 1 and 3 of Law no. 47/1992 and in other cases.