THE EVOLUTION OF THE ACCESS TO JUSTICE FOR PERSONS EXCLUDED FROM A POLITICAL PARTY IN THE JURISPRUDENCE OF THE CONSTITUTIONAL COURT

• Main Author: APOSTOLACHE Mihai Cristian
• Format: Article
• Language: English
• Published: Technopress 2014-06-01
• Series: Journal of Public Administration, Finance and Law
• Subjects: local elected; jurisprudence; Constitutional Court
• Online Access: http://www.jopafl.com/uploads/issue5/THE_EVOLUTION_OF_THE_ACCESS_TO_JUSTICE_FOR_PERSONS_EXCLUDED_FROM_A_POLITICAL_PARTY.pdf

The dynamics of social life, the continuing challenges arising at different levels of society, normative pressure and the European jurisprudence determine the constitutional control court to reconsider its position on certain issues. It is the case of the art. 16, paragraph 3 of the Political Parties Law no.14/2003 which the Constitutional Court initially considered to be consistent with the constitutional provisions, and later to limit the access to justice of the person dissatisfied with the decision of the party which made him/her lose the membership of a party, thus violating the Constitution. According to the Constitutional Court, the change of opinion is due to extremely serious consequences arising from the loss of membership of the party of a person who is also a local or county councilor, namely the termination of mandate for the local elected and the high number of requests addressed to the Constitutional Court, by the objection raised to the courts, on the mentioned legal text.