At the hearing on 3 December 2024, the Constitutional Court, in the context of the a posteriori review of constitutionality, unanimously upheld the objection of unconstitutionality and held that the provisions of Article 44 of Emergency Government Ordinance No 80/2013 relating to court stamping fees were constitutional in so far as the court issued its decision granting public aid in accordance with the principle that the subject matter of an action is delimited by the parties.
In essence, the Court held that, after the request for legal aid has been granted, the court is obliged to consult the party on the continuation of the proceedings and, according to latter’s consent, establishes the enforceability of the decision granting legal aid. However, by failing to observe the principle that the subject matter of an action is delimited by the parties, the impugned text infringes the requirements of Article 44 (1), read in conjunction with Article 56 (2) of the Constitution.
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Decisions are final and generally binding.
The arguments set out in the grounds for the decision of the Constitutional Court will be set out in the decision, which will be published in the Official Gazette of Romania, Part I.
External Relations, Press and Protocol Department of the Constitutional Court