APPLYING THE PROVISIONS OF THE LAW NO 165/2013 – OBJECT TO AN ALLOWED UNCONSTITUTIONAL EXCEPTION
The Constitutional Court established that the normative act confers to the new procedural norms retroactive effects, which contravenes to the legal general rules imposed by art.15 from the Constitution of Romania. The only allowed exceptions from the law non-retroactivity principle – mandatory rule from which no derogation is permit in civil matters – are related with the more favorable provisions regarding the penal law or contravention law.
Thus, the Constitutional Court had allowed the invoked exception and has established that the art. 4 (2nd thesis) from Law no165/2013 are unconstitutional, to the extent that the terms established in the contents of the normative act (respectively through art. 33) shall not be applied also for the cases in the real estate abusively taken restoration matters, pending before the Courts in law at the entry into force of the concerned law.
Published into the Official Gazette of Romania no 281 of 16.04.2014
Issuer: The Constitutional Court of Romania