Principiul loialității constituționale – privire comparativă în dreptul național și în cel german
The principle of Constitutional Loyalty – Comparative View in National and German Law

Author(s): Cosmin Țugui
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: Loyal Cooperation; Public Authorities; Constitutional Contentious; Rule of Law;
Summary/Abstract: The principle of constitutional loyalty appears as an extension of the separation of powers in the state and regulates the relations between the branches of thestate's government, establishing the general obligation of collaboration and loyal cooperation. In order to fulfil the integrative function of the state, the principle of constitutional loyalty has been imposed in particular in relations between the legislature and the executive. The requirement of cooperation, respect and mutual consideration imposes a series of obligations on the executive towards the legislature and vice versa. The executive must act with respect and consideration both towards the parliamentary majority that gave it the vote of confidence and towards the parliamentary opposition. The instruments through which loyal cooperation materialises are, first and foremost, legal institutional dialogue and the establishment of mutually accepted constitutional practices, instruments to which the state authorities/institutions have recourse, within the framework of those rational and increased diligences, in order to avoid as far as possible the generation of constitutional conflicts. In this paper, we intend to make a brief historical incursion through the stages of the evolution of this fundamental principle and to analyse the main forms in which it takes shape in intra-executive relations and in the relations between the executive and the legislative power, in Romanian and German constitutional law.

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