Notification of the Constitutional Court in recourse. Conditions. Request to suspend the case

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

The lack of an express processual provision in the sense of suspending the judgment of the cause in case of admitting the request for notifying the constitutional contentious court with the exception of unconstitutionality, as well as the repeal of art. 29 paragraph (5) of Law no. 47/1992, which provided to suspend by right the judgment of the case in the timeframe of resolving the exception of unconstitutionality, reveals the intention of the legislator, manifested by the new regulations, not to impose with mandatory, imperative, by right character the taking of such a measure by the judge.