{"title":"法律制度的深刻变化:摩尔多瓦共和国宪法法院使每一个诉讼当事人都有可能提出违宪的例外","authors":"Al. Tanase","doi":"10.47743/rdc-2016-1-0001","DOIUrl":null,"url":null,"abstract":"This study analyses the Judgment of the Constitutional Court of Moldova no. 2 of 9 \nFebruary 2016 for the interpretation of Article 135 para. (1) letters a) and g) of \nthe Constitution of the Republic of Moldova (exception of unconstitutionality), \nby which it has been decided that the right to raise the exception belongs to all \ncourts of law, respectively to judges who belong to such courts, and the \nchallenge regarding the constitutional review of certain rules which are to be \napplied in the settlement of a case shall be submitted directly to the \nConstitutional Court by the judges/panels of judges in the Supreme Court of \nJustice, courts of appeal and courts, where the case is at issue. Opening to every \nindividual the opportunity to raise the exception of unconstitutionality, the \nexisting mechanism for the protection of human rights has been redefined, \nrepresenting the first significant step towards the introduction of an individual \ncomplaint to the Constitutional Court.","PeriodicalId":421528,"journal":{"name":"Revista de Drept Constituțional","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Profound changes in the legal system: Constitutional Court of the Republic of Moldova made it possible for every litigant to raise the exception of unconstitutionality\",\"authors\":\"Al. Tanase\",\"doi\":\"10.47743/rdc-2016-1-0001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This study analyses the Judgment of the Constitutional Court of Moldova no. 2 of 9 \\nFebruary 2016 for the interpretation of Article 135 para. (1) letters a) and g) of \\nthe Constitution of the Republic of Moldova (exception of unconstitutionality), \\nby which it has been decided that the right to raise the exception belongs to all \\ncourts of law, respectively to judges who belong to such courts, and the \\nchallenge regarding the constitutional review of certain rules which are to be \\napplied in the settlement of a case shall be submitted directly to the \\nConstitutional Court by the judges/panels of judges in the Supreme Court of \\nJustice, courts of appeal and courts, where the case is at issue. Opening to every \\nindividual the opportunity to raise the exception of unconstitutionality, the \\nexisting mechanism for the protection of human rights has been redefined, \\nrepresenting the first significant step towards the introduction of an individual \\ncomplaint to the Constitutional Court.\",\"PeriodicalId\":421528,\"journal\":{\"name\":\"Revista de Drept Constituțional\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista de Drept Constituțional\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.47743/rdc-2016-1-0001\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Drept Constituțional","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.47743/rdc-2016-1-0001","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Profound changes in the legal system: Constitutional Court of the Republic of Moldova made it possible for every litigant to raise the exception of unconstitutionality
This study analyses the Judgment of the Constitutional Court of Moldova no. 2 of 9
February 2016 for the interpretation of Article 135 para. (1) letters a) and g) of
the Constitution of the Republic of Moldova (exception of unconstitutionality),
by which it has been decided that the right to raise the exception belongs to all
courts of law, respectively to judges who belong to such courts, and the
challenge regarding the constitutional review of certain rules which are to be
applied in the settlement of a case shall be submitted directly to the
Constitutional Court by the judges/panels of judges in the Supreme Court of
Justice, courts of appeal and courts, where the case is at issue. Opening to every
individual the opportunity to raise the exception of unconstitutionality, the
existing mechanism for the protection of human rights has been redefined,
representing the first significant step towards the introduction of an individual
complaint to the Constitutional Court.