Considerations on Legal Conflicts of a Constitutional Nature between the President and Other Authorities

  • Crina Mihaela Verga Lecturer Ph.D., "George Bacovia" University, Bacau, Romania
Keywords: legal conflicts, President, public authorities, Romania

Abstract

This study aims, first of all, to present a specific attribution of the Romanian Constitutional Court, introduced by the 2003 revision of the Constitution, namely the settlement of legal conflicts of a constitutional nature between public authorities.
In the second part of this article, we comment upon the Constitutional Court’s decisions on the legal conflicts of a constitutional nature between the head of state and different state institutions, in the recent years.
Our analysis reveals a permanent deterioration of the relationships between the President and other public authorities, fact which has led to an obvious disruption in the democratic exercise of government.

References

Constitutional Court’s Decision no. 53 of 25 January 2005, published in the Official Journal no.144 of 17 February 2005 and Constitutional Court’s Decision no. 435 of 26 May 2006, published in the Official Journal no. 123 of 4 June 2006

Decision no. 148 of 16 April 2003 on the constitutionality of the legislative proposal for the revision of the Constitution of Romania, published in the Official Journal of Romania, Part I, no. 317 of 12.05.2003

Constitutional Court’s Decision no. 53 of 28 January 2005 on the request for settlement of the legal conflict of a constitutional nature between the President of Romania and the Parliament, submitted by the President of the Chamber of Deputies and the President of the Senate, published in the Official Journal no. 144 of 17.02.2005

Constitutional Court’s Decision no. 97/2008 on the request submitted by the President of Romania, Mr. TraianBăsescu, regarding the existence of a legal conflict of a constitutional nature between the Government of Romania and the Supreme Council of Defense of the Country, published in the Official Journal, Part I, no. 169 of 05.03.2008

Verga Crina Mihaela, Aspects Concerning the Relationships between the Head of State and the Constitutional Jurisdiction in Romania and France, Procedia - Social and Behavioral Sciences, Volume 92, 10 October 2013, Logos Universality Mentality Education Novelty, (LUMEN 2013), Iasi, Romania, 10–13 April 2013, Editors: Antonio Sandu and Ana Caras, Elsevier Ltd. Publishing p.1003–1010

Constitutional Court’s Decision no. 270/2008 on the requests submitted by the President of the Chamber of Deputies and the President of the Senate regarding the existence of a legal conflict of a constitutional nature between the President of Romania, the Ministry of Justice and the Prosecutor's Office attached to the High Court of Cassation and Justice, on the one hand, and the Parliament of Romania, on the other hand, as well as on the request submitted by the President of the Superior Council of Magistracy regarding the legal conflict of a constitutional nature between the Public Ministry and the Parliament of Romania - the Chamber of Deputies, published in the Official Journal, Part I, no. 290 of 15.04.2008

Vrabie Genoveva, La nature juridique des Cours Constitutionnelles, Vrabie Genoveva (sous la direction de), Le rôle et la place des Cours Constitutionnelles dans le système des autorités publiques, Institutul European Publishing House, 2010, p.67.

Decision no. 284 of 21 May 2014 on the request for settlement of the legal conflict of a constitutional nature between the President of Romania and the Government of Romania, submitted by t Prime Minister Victor-Viorel Ponta, published in the Official Journal no. 495 of 03.07.2014

Decision no. 358 of 30 May 2018 on the request for settlement of the legal conflict of a constitutional nature between the Minister of Justice, on the one hand, and the President of Romania, on the other hand, published in the Official Journal no. 473 of 07.06.2018

Neagoe Vlad, About the Constitutional Relations between the Minister of Justice and the Prosecutors. Constitutional Court’s Decision no. 358/2018 on the legal conflict of a constitutional nature between the Minister of Justice and the President of Romania - the limits of the interpretation of Art. 132 par. 1 of the Romanian Constitution republished. The Journal of Law no. 2/2019. p. 76.

Decision no. 538 of 12 September 2018 on the request for the settlement of the legal conflict of a constitutional nature between the Prime Minister of Romania, on the one hand, and the President of Romania, on the other hand, published in the Official Journal no. 1076 of 19.12.2018.

Decision no. 875 of 19 December 2018 on the request for settlement of the legal conflict of a constitutional nature between the President of Romania, on the one hand, and the Government of Romania, represented by the Prime Minister, on the other hand, published in the Official Journal of Romania, Part I, no. 1093 of 21 December 2018.

Decree no. 925 of 20 November 2018 for the cessation of certain mandates and the appointment of some members of the Government of Romania, published in the Official Journal of Romania, Part I, no. 982 of 20 November 2018.

Costea Vladimir-Adrian, The Role of the Constitutional Court in Defining the Post-Communist Romanian Political Regime.The Journal of Law no. 2/2019. p. 114.

Published
2019-10-08