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The Competence Of The Constitutional Court Of Romania To Settle The Constitutional Conflicts Between The Public Authorities

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  • Daniela Cristina VALEA

    (Lecturer, PhD. “Petru Maior” University of Tîrgu-Mureº, Faculty of Economics, Law and Administrative Sciences, ROMANIA)

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.

Suggested Citation

  • Daniela Cristina VALEA, 2010. "The Competence Of The Constitutional Court Of Romania To Settle The Constitutional Conflicts Between The Public Authorities," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 42, pages 95-102, September.
  • Handle: RePEc:pmu:cjurid:v:42:y:2010:p:95-102
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj10/recjurid103_8F.pdf
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    More about this item

    Keywords

    Constitutional Court; constitutional conflict; conflicts of competence; public authorities; institutional deadlock;

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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