Considerații teoretice cu privire la competența Curții Constituționale prevăzută, de art. 146 lit. e din Constituția României
Reflections on the competence of the Constitutional Court provided for under article 146 par. e in the Constitution of Romania

Summary/Abstract: The constitutional practice, accumulated both with the political life and justice, as well as the practice of the Constitutional Court, after almost 12 years since the Constitution was validated, paved the way for a climate favoring the revision of the Constitution and the strengthening of the Constitutional Court, in its capacity as a court ruling on constitutional matters. Thus, the Constitutional Court was given new powers, including the power provided for under par. e of art. 146, reading as follows: “… to solve legal disputes of a constitutional nature between public authorities, at the request of the President of Romania, one of the presidents of the two Chambers, the Prime Minister, or of the president of the Superior Council of Magistracy”. Also, the wording referring to the pronouncements of the Constitutional Court was refined, in the sense that the new wording has removed the possibility for Parliament to overrule the Constitutional Court's decisions, and included the obligation of Parliament and the Government to comply with the Court's decision within 45 days. Since the Constitutional Court also has the competency to solve the exceptions of unconstitutionality raised before the ordinary courts or the trade arbitration courts, or directly by the Advocate of the People, it goes without saying that, when the Court is addressed to solve a conflict between two public authorities regarding a legal text, it may also take legal action by itself as far as the constitutionality of the respective legal text is concerned. The solution to the conflict in such cases also means that the text submitted to the Constitutional Court has been ruled out as unconstitutional, in application of art. 147 referring to the obligation of Parliament and the Government to comply with the Court's decision.

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