THE CONSTITUTIONALITY OF THE DIFFERENT TREATMENT BETWEEN STATE AND CITIZENS ON THE EXEMPTION FROM BAIL

Authors

  • Agata Mihaela Popescu
  • Ionita Cochintu

Abstract

The right of access to justice is one of the most important fundamental rights elevated to constitutional principle, as laid down in Article 21 of the Constitution, which provides that "any person can go to court to protect the rights, freedoms and interests legitimate, no law may restrict the exercise of this right, the parties having the right to a fair trialand settlement of cases in a reasonable time". But, like any law, access to justice is subject to certain limitations, not an absolute right, and in consideration of special circumstances may be considered special rules of procedure, as well as ways to exercise procedural rights. Under the constitutional provisions of Article 126, the legislature may establish general rules of procedure, but may establish certain rules derogating from the common procedure. These are the general rules which set bail, but also that certain entities exempt from the payment. In this paper we try to present reasons why the legislature has resorted to such measures and considerations taken into account by the constitutional court has ruled that it is constitutional exemption from the payment of public institutions established by way of bail.

Issue

Section

Studies and Articles