Acta Universitatis Danubius. Juridica, Vol 5, No 1 (2009)

L’accès Libre à la Justice, Droit Fondamental Garanti par la Cour Constitutionnelle Roumaine

Mircea Criste


The Romanian Constitutional Court has the competence to control the laws as well on the way of a control a priori, as on the way of a control a posteriori. This last one is exercise on the way of a prejudicial question, raised in occasion of a common litigation and to the exclusion of a popular action. The free access to the justice (article 21 of the Romanian Constitution), represents one of the fundamental rights about which the Court is generally called to conclude. By several decisions, the Constitutional Court has reaffirmed its role of guardian of the fundamental law, giving the adequate interpretation of article 21, many times referring to the ECHR case law, for that it regards the notion of reasonable, the judgment fees, the trial deadlines, the right to the action and to the appeal or the administrative jurisdictions.


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