Meanings of nullity in the case law of the Constitutional Court

JURISPRUDENȚA CURȚII CONSTITUȚIONALE A ROMÂNIEI

Abstract

Given the diversity of cases in which the Constitutional Court of Romania (CCR) has ruled directly or indirectly with reference to the institution of nullity of legal acts, and in order to provide a more complete picture of the jurisprudence of the constitutional court in this matter, in the section dedicated to this topic we present a selection of decisions considered to be more relevant, especially those admitting applications for unconstitutionality. In view of the same diversity, we will structure the case law on the basis of the CCR's attributions, referring mainly to decisions rendered in the resolution of exceptions of unconstitutionality and, within the attributions, we will use the chronological criterion.

Keywords: plea of unconstitutionality, nullity, non-retroactivity, jurisdiction, control, legal conflict of constitutional nature.