A Comparative Study on the Subjects of a Legal Conflict of Constitutional Nature in the European Space
A Comparative Study on the Subjects of a Legal Conflict of Constitutional Nature in the European Space

Summary/Abstract: It is a fact that nowadays the legal conflicts of constitutional nature have become a substantial problem in the institutional architecture of the states, due to their importance generated, on one hand, by the subjects involved in such a dispute and, on the other hand, by their uncertain and misleading content. These are the main reasons why only the Constitutional Courts or Federal Tribunals can be invested, by certain institutions, with the settlement of the legal conflicts of constitutional nature. In the European space, this matter acquired significance by the instrumentality of the fundamental laws. To express it more clear, almost every Constitution precisely and concrete states the subjects between which a legal conflict of constitutional nature may arise. Evidently, we could not assert that, regarding their nature, there is an identity of subjects of the legal conflicts of constitutional nature in several European countries. It is precisely the opposite of those mentioned above: the nature of the subjects involved in such disputes varies depending on the constitutional and administrative structure of the countries, on the form of government of the states, on the public authorities representing the powers of the states. Therefore, the subjects of a legal conflict of constitutional nature represent a defining element in any attempt to determine whether a conflict is of a constitutional nature or of any other nature. Taking into consideration such aspects, we can claim that the first step towards establishing the constitutional nature of a legal conflict is to identify and determine the subjects of such dispute.

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