Constitutional legal disputes between the president of romania and other public authorities in the case-law of the constitutional court of romania

AuthorMihaela Simion
PositionUniversity '1 Decembrie 1918' Alba Iulia, Romania
Pages88-95
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2017), pp. 88-95
88
CONSTITUTIONAL LEGAL DISPUTES BETWEEN THE PRESIDENT OF
ROMANIA AND OTHER PUBLIC AUTHORITIES IN THE CASE-LAW OF THE
CONSTITUTIONAL COURT OF ROMANIA
M. SIMION
Mihaela SIMION
University "1 Decembrie 1918" Alba Iulia, Romania
*Correspondence: Mihaela Simion, 15-17 Strada Unirii, Alba Iulia, Romania
E-mail: simionmihaela10@gmail.com
ABSTRACT
Article 146 (e) of the Romanian Constitution stipulates the power of the Constitutional Court
to solve legal disputes of a constitutional nature between public authorities. Thus, the
Constitutional Court solves or settles constitutional disputes between the authorities
belonging to the three powers in the state. These situations may concern disputes between two
or more constitutional authorities regarding the content or length of their powers, as
provided for by the Constitution. The result sought is to overcome possible institutional
blockages.
From 2005, when the Constitutional Court of Romania first decided on such dispute, and until
today, thirteen decisions for settling certain disputes between the President of Romania and
other public authorities have been issued. The multitude of disputes is due, primarily, to the
semi-presidential system of government provided for by the Constitution and to the
ambiguous provisions regarding the division of powers between the Romanian President,
Government, Parliament and the judicial power. Last but not least, this dispute is due to a
certain political context, too.
The present paper aims to analyze the case-law of the Constitutional Court of Romania
regarding the constitutional legal disputes between the President of Romania and other
public authorities, as well as its impact on the constitutional order and the relationships
between the public authorities from the checks and balances system.
KEYWORDS: Constitution, Constitutional Court, constitutional legal disputes, public
authorities, President of Romania.
INTRODUCTION
The emergence of certain conflicts between public authorities is quite natural given the fact
that these authorities are organized and operate on the principle of separation and balance of
powers, a principle that involves, when talking about collaboration, areas of autonomy and
independence
1
.
Following the model of constitutions of Austria, Poland and Slovakia, since 2003, the
Constitution of Romania, through Article 146 (e), assigns to the Romanian Constitutional
Court the competence to settle legal disputes of a constitutional nature between public
authorities, at the request of the President of Romania, one of the presidents of the two
Chambers, the Prime Minister or the President of the Superior Council of Magistracy. It is,
therefore, a political prerogative exercised exclusively by the Romanian constitutional
contentious court, in its capacity as guarantor of the supremacy of the Constitution.
1
Ioan Muraru, Elena Simina Tănăsescu, Constituția României. Comentariupearticole, CH Beck Publishing
House, Bucharest, 2008, pp. 1404-1405.

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