Categories of Normative Acts Object of the Control of Constitutional Courts

Abstract

The Constitutional Court was constituted in a body that was suitable for ensuring the legality of legal norms. In this respect, the Constitutional Court is in fact an independent body that submits to constitutionality control a series of acts with legal effects. In this context, the legislator has developed in a constitutional aspect a control that is applied by notifying the Constitutional Court. In the respective work, we will try to present comparatively the acts that are subject to constitutional control, within the different constitutional courts in different states. The essential idea on which this construction is based is precisely the variety of acts that can be subject to constitutional control precisely to establish their legality. From the reports of the Constitutional Courts, it is found that the unitary treatment of the categories of acts on which the constitutionality control is exercised is a difficult problem, taking into account the particularities of regulating the competencies of the Constitutional Courts, as well as the existing differences regarding the legislative systems of the countries. The variations, among others, the structure of these - unitary or federative states and the difference of conception regarding the method of applying constitutionality control, demonstrate the existence of a conceptual difference in establishing the legality of normative acts in consensus with the fundamental law.