The legal conflict fo constitutional nature – a problem of constitutional loyality?
The legal conflict fo constitutional nature – a problem of constitutional loyality?

Summary/Abstract: This hypothesis easily outlines from the political and legal context in which Romania is part of and it is dued to the evolutionary state of the constitutional democracy, maily to the changes generated by the revision of the Fundamental Law in 2003. This moment brings novelty and it concedes the Constitutional Court of Romania a special position in the institutional framework of the state – the mediator of constitutional legal conflicts. Thus, it arises a new legal concept, but without being defined by the Constitution, in order to assure the transparency of the judicial meaning of the concept. In the event of a conflict, the Constitutional Court, must intervene in order to solve this kind of conflicts. While exercising its role, it advocates for creating and, in the same time, maintaining a constitutional framework based on loialty and colaboration between public authorities but also on the balance between the three powers - legislative , executive and judiciary.

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