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The Constitutional control in Romania implies the obligation of the courts to apply the decisions of the Constitutional Court and may involve the disciplinary sanctioning of judges for non-compliance with these decisions. Some judges considered that this mechanism may affect their independence, especially if the EU law may come into conflict with the decisions of the Constitutional Court. Our paper highlights that a proper understanding of the constitutional control underlines the essential role of the Constitutional Court for the protection of the democratic state and of the values of the European Union through its dialogue with the CJEU and with the national courts. [ABSTRACT FROM AUTHOR]

The exception of illegality is a procedural means of verifying the legality of an administrative act. The settlement of the plea of illegality is subject to procedural conditions of admissibility. One of the conditions is that an exception be invoked before the court that settles the substance of the dispute. A decision on interpretation was issued by the High Court of Cassation and Justice, considering that the exception can be invoked in the appeal. We consider that, even after the interpretative decision of the High Court of Cassation and Justice, elements of non-unitary judicial practice may arise in particular as regards the conditions under which the exception may be considered on the merits. [ABSTRACT FROM AUTHOR]