New legal provisions on the exception for non compliance with the Romanian constitution

20 October 2010

On 4th of October 2010 the Official Gazette. 672/04.10.2010 also published Law no. 177/2010 whish brings important changes to the legal regime and the effects of the unconstitutionality exception as follows:

  • the new regulations have extended the material competence of the Constitutional Court in the cases in which the exceptions is raised by members of the Romanian Parliament;
  • the raising of the unconstitutionality exception before the common courts of law is no longer likely to determine the suspension the proceedings until the Constitutional Court passes a judgment, which resulted in the introduction in the Code of Civil Procedure of a new reason to pursue the appeals to review, namely the admitting by the Constitutional Court of the unconstitutionality exception invoked in the said court case.

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