EXCEPȚIA DE NECONSTITUȚIONALITATE: PALID INSTRUMENT DE ASIGURARE A ORDINII CONSTITUȚIONALE? I. ASPECTE INTRODUCTIVE. PARTAJAREA ATRIBUȚIILOR ÎN DOMENIUL CONTROLULUI DE CONSTITUȚIONALITATE A POSTERIORI. ACTUL DE SESIZARE A CURȚII CONSTITUȚIONALE

The present study addresses a topic surrounded by increasing heated debate in the Romanian legal jurisprudence, namely the legal regime of the exception of unconstitutionality and the impact of such legal instrument on ensuring the constitutional order. The first part of the study explores the citizens’ access to constitutional justice, as designed both in the American model and in the European model. Further, the solution adopted in the Romanian constitutional system, as part of the European model of constitutional justice, is outlined. The analysis subsequently deepens the configuration of the a posteriori constitutional review in terms of setting forth the distribution of attributions with respect to this type of review as well as the nature, content, effects, and legal regime of referrals to the Constitutional Court of Romania dealing with exceptions of unconstitutionality.