Controversial Issues Relating to Legal Disputes of Constitutional Nature between Public Authorities
Controversial Issues Relating to Legal Disputes of Constitutional Nature between Public Authorities

Summary/Abstract: The legal disputes of a constitutional nature are a relatively new concept in the Romanian space and this is the main reason why they still represent an important and yet a controversial aspect for the institutional framework of the state. The normative coordinates are extremely relevant for the constitutional nature of this legal conflicts due to the fact that they imply a variety of domains: the subjects involved (which can be only public authorities); the situations which may lead to the configurations of such disputes; the specific content of these litigations (represented mainly by the conflicts of jurisdiction, but somehow their sphere was extended through the jurisprudence of the Constitutional Court of Romania); the effects they are capable of produce (which consist in institutional blockages which affect the well functioning of the rule of state) and the examples may continue. Their controversial nature was the element that determined the provisions of the Fundamental Law to invest only the Constitutional Court with the settlement of these conflicts, thing that increased the interest of the scholars in this area encouraging them to proceed forward and to seek for answers in the constitutional jurisprudence, studying in detail every decision of the Court which came into notice. Our main objective is to emphasise and in the same time to analyse each one of the normative coordinates of the legal disputes of a constitutional nature throughout the jurisprudence of the Constitutional Court in this domain in order to offer a clear vision of the concept.

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