CONFLICTS OF A CONSTITUTIONAL NATURE BETWEEN THE GOVERNMENT OF ROMANIA AND THE JUDICIAL AUTHORITY – THE SUPERIOR COUNCIL OF MAGISTRACY

Razvan Viorescu ()
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Razvan Viorescu: Associate prof. PhD., University ,,Stefan cel Mare” Suceava, Romania

European Journal of Law and Public Administration, 2016, vol. 3, issue 2, 5-17

Abstract: Decisions of the Constitutional Court are when: ruling on the constitutionality of laws, before promulgation, treaties or other international agreements before their ratification by Parliament and Parliament regulations, decide on objections of unconstitutionality of laws and ordinances and the complaints that the constitutionality of a political party and solve legal disputes of a constitutional nature between public authorities. Decisions are pronounced in the name of the law, are generally binding and have effective only for the future. With regard to the legal conflict of a constitutional nature between the Executive authority - the Romanian Government, and the Legislative authority - the Romanian Parliament, this study will note, according to the definition given by the Constitutional Court to a legal conflict of a constitutional nature between public authorities in its Decision no. 53/2005, that such definition has also circumscribed the hypothesis when one authority has assumed powers, tasks or competencies entrusted to another public authority, without an effective constitutional empowerment. It is precisely the assumption which underlies the enactment of Emergency Ordinance no.13/2017 by the Romanian Government in spite of the fact that constitutional requirements with regard to "extraordinary situations whose regulation cannot be postponed" have been met or not.

Keywords: Decision; the Constitutional Court; effects erga omnes; legal conflict of a constitutional nature (search for similar items in EconPapers)
JEL-codes: A23 H1 K3 (search for similar items in EconPapers)
Date: 2016
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