Abstract

The Constitution attributes to the People's Advocate the possibility to notify the Constitutional Court of the unconstitutionality of the Government's Emergency Ordinances on the way of the exception of unconstitutionality. The study proposes an analysis of the legislative evolution in this field, highlighting some solutions regarding the conditions to be fulfilled by the People's Advocate on the occasion of the notification of the Constitutional Court with exceptions of unconstitutionality of some provisions of Government Emergency Ordinances, as they were stated in the Constitutional Court's case law. The mechanism, characterized by a number of peculiarities, proves its practical utility, given that in many cases the exceptions of unconstitutionality raised directly by the People's Advocate were admitted by the Constitutional Court. The exception of unconstitutionality of certain provisions of the Government Emergency Ordinances allows for the quick removal of the vices of unconstitutionality, avoiding the perpetuation of the unconstitutional state contrary to the fundamental rights and freedoms and the functioning of the rule of law.

Authors and Affiliations