Despre raporturile constituționale dintre ministrul justiției și procurori. Decizia Curții Constituționale nr. 358/2018 privind conflictul juridic de natură constituțională dintre ministrul justiției și Președintele României – limitele interpretării
About the constitutional relations between the Minister of Justice and the prosecutors. The Decision of the Constitutional Court No 358/2018 on the legal conflict of a constitutional nature between the Minister of Justice and the President of Romania

Summary/Abstract: The solution given by the Constitutional Court of Romania through its Decision No 358/2018 onthe legal conflict of a constitutional nature between the Minister of Justice and the President ofRomania, regarding the possibility of revoking the Chief Prosecutor of the National AnticorruptionDirectorate, as a result of which it acknowledged a „power of decision” on the part of the Minister ofJustice on prosecutors’ activity, is based on the interpretation of the constitutional text provided byArticle 132 (1), according to which public prosecutors shall carry out their activity under the authorityof the Minister of Justice. This particular legal provision was interpreted by the Constitutional Courtby applying the historical interpretation method, by expressly referring to the will of the originalconstituent, from which it could not digress without exceeding the limits of its interpretation operationand thus interfering with the law making process, in the Court’s opinion.But what are the limits of legal interpretation? How did the Constitutional Court justify its optionfor the historical interpretation approach? Is this historical interpretation static or dynamic, evolutivekind? Could the constitutional text have been interpreted from an evolutive perspective? But even so,did the Court make a just historical interpretation of the constitutional text? What are the solutionsenvisaged and how can the Constitutional Court fulfil its rightful role in a rule of law state?

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