EXCEPȚIA DE NECONSTITUȚIONALITATE: PALID INSTRUMENT DE ASIGURARE A ORDINII CONSTITUȚIONALE? II. CONDIȚIILE DE ADMISIBILITATE A CERERII DE SESIZARE A CURȚII CONSTITUȚIONALE. INADMISIBILITATEA EXCEPȚIEI DE NECONSTITUȚIONALITATE. CONCLUZII

This second part of the study addressing the legal regime of the exception of unconstitutionality and the impact of such legal instrument on ensuring the constitutional order focuses on the admissibility conditions of requests to refer an exception of unconstitutionality to the Constitutional Court of Romania as well as the grounds for finding an exception of unconstitutionality inadmissible. In this context, there is strong emphasis placed on divergent case law approaches, which seems symptomatic for a certain „eccentric” tendency of construing the long-standing type of constitutional review enshrined in the Romanian Constitution. The conclusions of the study suggest the need for giving careful consideration to the manner of tackling such referrals to the Constitutional Court so as to remain in line with the structural requirements relating to the constitutional review as enshrined in our fundamental law.