DECISION No.2 OF APRIL 7, 1994 ON CC No.2/94
Motion by the Supreme Court to declare the Law Amending the Amendment Act to the Civil Procedure Code (DV, No. 61 of July 16, 1993 ) unconstitutional.
The Constitutional Court overruled the motion and held that the challenged law does not contravene but supports both the principle of equality of all citizens before the law and the principle of their right to seek legal recourse - Art.6, Para.2 and Art.117, Para.1 of the C. The supervisory functions of the Plenum of the Supreme Court have been restored so that it can consider in substance the motions for review which have been suspended at the time of termination of its powers. The formulation in the Law is abstract and does not encroach upon the independence of the judiciary since it provides for review of motions of a certain category in conformity with the law and does not indicate how the cases should be decided by the Court. Resumption of proceedings by legislative means is not ruled out where the suspension is a result of legislative changes. The Law is found to be interpretive. In fact, the amendment it makes specifies and clarifies the application field of the Act of Amendments to the Civil Procedure Law of 1991. The National Assembly can give authentic interpretation of the Law.
