Facultatea de Drept / Faculty of Law

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UNELE CONSIDERENTE PRIVIND INTERACȚIUNEA CURȚII CONSTITUȚIONALE CU PARLAMENTUL
(CEP USM, 2024) Aramă, Elena
The Constitutional Court and the Parliament are differents institutions, according to their legal nature, the Parliament being a representative institution with legislative powers and the Constitutional Court – institution for controlling the constitutionality of legal acts. However, their activity intersects with the participation in the legislative process, which does not put the Parliament in a position of subordonation to the Constitutional Court, but of ensuring respect for the Constitution, to which both must obey. The analisis of the jurisprudential practice of the Constitutional Court of the Republic of Moldova demonstrates the courageous position of the Court, which from being a negative legislator (Kelsen), sometimes resorts the position of a positive legislator. The situation exemplified in the case of the exception of unconstitutionality when the Court issues some provisional solutions to protect the rights of people who have a case before a court. The Parliament informed through the Addresses about these provisional solutions and the need to make changes in the normative acts containing the contested provisions.