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Training on the exception of unconstitutionality for judges, lawyers and prosecutors


Wednesday, 30 November 2016, the Constitutional Court of Moldova organized a training for judges, lawyers and prosecutors across the country entitled Exception of unconstitutionality. Impact of constitutional jurisdiction on justice."

Participating as trainers were Mr. Alexandru Tănase - President of the CCM, Mr. Dainius Žalimas - President of the CC of Lithuania, Mrs. Ingrida Danelienė - Secretary General of the CC of Lithuania, Mr. George Papuashvili - Former President of the CC of Georgia and Mrs. Anna Śledzińska-Simon - Polish professor.

The training approached the most important aspects and particularities of the exception of unconstitutionality as a means of indirect access of citizens to the constitutional court and the role of all actors in this process. In this regard the trainers shared the experience of the constitutional courts of Moldova, Lithuania, Georgia and Poland.

Other important issues discussed at the event were the impact of the constitutional jurisdiction on the judiciary and the generally binding nature of the decisions of the Constitutional Court. The most important judgements on the status, the guarantees of independence and liability of judges; on the judicial procedures and powers of the courts of law; on the exercise and limits of restriction of fundamental freedoms, were brought as examples.

As a reminder, by the CMM Judgment no.2 of 9 February 2016, all courts of law were given the possibility to lodge exceptions of unconstitutionality with the Constitutional Court. The exception of unconstitutionality may be raised in a trial by the judge, litigants and lawyers in case they consider that the legal provisions, applied in settling the case, violate the rights guaranteed by the Constitution.

The training was organized in collaboration with the EU project „Support to the CCM."

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