Facultatea de Drept / Faculty of Law
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Item LEGAL FRAMEWORK OF SUBJECTS ENTITLED TO APPEAL THE CONSTITUTIONAL COURT(Editura ASEM, 2019-04-24) Zaporojan, CorinaPeople's access to constitutional justice is a controversial and very important issue for our country. The legal framework put in place is not as rigid as in other states, as the Constitution does not explicitly provide for the right of referral of subjects. In other words, the purpose of the Constitutional Court can justify the alleged unconstitutionality of the challenged legal act by legitimate, political, moral or circumstantial arguments. In most countries that have implemented the control model of the European Constitution, the constitutional court has opted for the classical constitutional revision of Kelsen, in which the right of referral is granted only to public authorities.Item PARTICULARITIES OF THE MODEL OF CONSTITUTIONAL JUSTICE APPLICABLE IN THE REPUBLIC OF MOLDOVA(Editura ASEM, 2017-04-28) Zaporojan, CorinaThis article intends to examine the evolution of the constitutional justice applicable in Republic of Moldova, with the establishment of the Constitutional court, analyzing the key differences between European model of Constitutional court and the mechanism created in the Republic of Moldova over the years, while focusing on the concrete Moldavian historical-political background which had an impact on the shaping of the Constitutional Court.Item ROLUL JURISPRUDENȚEI EUROPENE ÎN JUSTIȚIA CONSTITUȚIONALĂ DIN REPUBLICA MOLDOVA(CEP USM, 2022) Zaporojan, Corina; Zaporojan, VeaceslavIn the article, the authors analyze the application of the ECtHR jurisprudence in the CCRM (Constitutional Court of the Republic of Moldova)jurisprudence and its importance for the national constitutional jurisprudence. In particular, its application in the area of human rights has been examined. The impact of the ECtHR jurisprudence on other areas, such as gambling control, free competition, criminal matters, has also been analyzed. The authors determine that there is a growing trend in national jurisprudence in the application of the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union.