Inadmissibility of the claim for revision based on the admission of a plea of unconstitutionality in another case. Compensation for damages in case of deprivation of liberty ordered in the course of criminal proceedings

JURISPRUDENȚĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

According to art. 509 para.1 item 11 of the Civil Procedure Code „revision of a judgment rendered on the merits or evoking the merits may be requested if, after the judgment has become final, the Constitutional Court has ruled on the exception invoked in that case, declaring unconstitutional the provision which was the subject of that exception”.

Therefore, for a claim for revision based on this ground to be admissible, the legal text under consideration requires the cumulative fulfilment of the following conditions:

– during the trial of the case which resulted in the judgment whose review is sought, the party seeking the review or the court of its own motion must have raised the plea of unconstitutionality in respect of a law or ordinance or of provisions of a law or government ordinance;

– the court has referred the plea to the Constitutional Court;

– the Constitutional Court has admitted the objection of unconstitutionality in a decision which was handed down (published in the Official Gazette) after the judgment whose review is sought had become final.

All these conditions must be met cumulatively for the admissibility of the claim for revision on this ground.