CONSTITUTIONAL LEGAL DISPUTES BETWEEN THE PRESIDENT OF ROMANIA AND OTHER PUBLIC AUTHORITIES IN THE CASE-LAW OF THE CONSTITUTIONAL COURT OF ROMANIA

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.