Jurisprudenţa Curţii Constituţionale a României și diversitatea poziţiilor luate de specialiștii din domeniul dreptului faţă de unele soluţii adoptate
The Jurisprudence of the Romanian Constitutional Court and the diversity of approaches of the specialists in the field of law regarding the solutions

Summary/Abstract: The problem of the “dialogue” between the Constitutional Court of Romania and the doctrine, between its jurisprudence and the opinions expressed by certain experts regarding the solutions adopted by the Constitutional Court, is discussed in two parts of this article: (i) A coherent dialogue; (ii) A complex dialogue, in which the Court is sometimes compelled to take into account political interests. “A coherent dialogue” is considered to be the one regarding the solutions given by the Constitutional Court in interpreting the rule according to which “the resolution given to the issues of law presented is mandatory for the courts” (art. 329 paragraph 3 final phrase of the Code of Civil Procedure). “A complex dialogue, in which the Court is sometimes compelled to take into account political interests” is illustrated by mentioning the decisions given by the Constitutional Court in resolving certain legal conflicts of a constitutional nature between the President of Romania and the Prime Minister (according to art. 146 letter e of the Constitution) and, especially, by discussing the decisions taken according to the article mentioned above, on the occasion of the notification of the Constitutional Court of the unconstitutionality of Government liability regarding a bill that has already been debated by the Parliament and that has already been discussed by the Chamber of Deputies and through doctrinarian disapproval of these decisions (no. 1431, November 3, 2010 and no. 1525, November 24, 2010 decisions of the Constitutional Court).

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