Part I

Bogdan DIMA, Ph.D. Candidate, The Impact of the Constitutional Court Judgments regarding the Judicial Conflicts of Constitutional Nature
This article analyzes the influence of the Constitutional Court’s judgments in cases concerning judicial conflicts of constitutional nature (article 146, letter e Romanian Constitution) regarding the balance of powers between public authorities. Through this new jurisdiction the Constitutional Court received increased powers. The impact of the Constitutional Court judgments is even stronger when the relation between the public authorities evolves in the presence of a rigid constitution and ambiguities regarding the division of powers between the President, the prime minister, members of Government, the Parliament and the judicial power. In the Romanian semipresidential regime the potential for conflict is residual and is fully manifesting in concrete political contexts. These conflicts – regardless their nature – between the President, prime minister, members of Government and members of Parliament are conflicts determined by the logic of political competition for power in a given political context. Through the general obligatory judgments of the Constitutional Court regarding the judicial conflicts of constitutional nature, a new wave of formal powers were built for the public authorities, rather than clarified and/or explained those already stipulated in the Constitution. Some aspects are extremely important. First, these new obligatory erga omnes rules are generated from an inter partes conflict. Second, the way in which this new responsability was exercised, its efficiency, the new rules imposed following the obligatory judgments of the Court, political – judicial character of the conflicts submitted to judgment have determined a series of changes which influenced the checks and balances power system. In the end, we shall emphasis if and how these judgments can or cannot be submitted to relevant critics, particulary if they can generate abuses and dysfunctions in the constitutional order.

Keywords: judicial conflict of constitutional nature, constitutional relations between public authorities, Constitutional Court role, political conflict, judicial conflict, interpretation of the Constitution
« back