THE COMPETENCE OF THE CONSTITUTIONAL COURT OF ROMANIA TO SETTLE THE CONSTITUTIONAL CONFLICTS BETWEEN THE PUBLIC AUTHORITIES

Daniela Valea ()

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2010, vol. 42, 95-102

Abstract: The competence of the Constitutional Court of Romania to settle constitutional conflicts between public authorities has generated and is still generating numerous debates and analyses due to both theoretical as well as practical implications. Although initially such an attribute was considered for the Constitutional Court of Romania, finally it was not included in the competence area of the constitutional jurisdictional authority as regulated by the 1991 Romanian Constitution. However, it seems that such a competence for a constitutional court is required for a balanced functioning of a relatively “young” democratic system; consequently, starting with 2003 we find it among the attributes of this body. This paper approaches several aspects related to the application of this attribute and the implied consequences.

Keywords: Constitutional Court; constitutional conflict; conflicts of competence; public authorities; institutional deadlock (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2010
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Persistent link: https://EconPapers.repec.org/RePEc:pmu:cjurid:v:42:y:2010:p:95-102

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