based on scientific techniques and procedures
. Governance and legislation are the vectors of
national sovereignty, "creating a system of mutual transparency"
by which the principle of
separation of powers in a state, demonstrates its usefulness. A distinct place in the state
institutional architecture is occupied by the Constitutional Court - a complex institution that
is placed outside the three branches of government, but shares the nature of each of them,
being thus a jurisdictional
, political and legal authority.
In exercising its powers, the Constitutional Court is involved in conflicting relations
between the executive, the legislative and the judicial, between state and society, etc
The Constitutional Court attribution to resolve the constitutional legal disputes between
the public authorities was introduced following the revision of the Constitution in 2003. The
expert Romanian authors in this field
consider that this attribution of the Court is inspired by
the provisions of the European Constitutions, respectively by the resolution of conflicts
between federal and federated authorities-from Germany
- or by
the resolution of disputes between the state and the autonomous regional authorities (the
authorities of the collectivities) - Spain
The common denominator of the involvement of the Constitutional Court in
constitutional disputes mediation is based on the need ”not to let at the discretion of any
judge from any level, the power to censor the legislator and to create an inconsistent, and
therefore, inefficient practice”
See I.Muraru, E.S.Tănăsescu, (coord.),ConstituŃia Ro mâniei, Comentariu pe articole, (Romanian
Constitution, Comments by articles) Editura C.H.Beck, Bucureşti, 2008, p.1375.
See M.Senellart, Artele guvernării, De la conceptul d e regim medieval la cel de guvernare, Editura
Meridiane, (The Arts of Governance, from the Medieval Regime Concept to that of Governance) (Meridiane
Publishing House), Bucharest, 1988,p.245
The jurisdictional character of the Constitutional Court is directly stated by the Law o f the organization of
the Court n r. 47/1992, art. 1, para. (2), which states that this is „the only constitutional jurisdictional authority in
See I.Vida, Curtea ConstituŃională a României, JustiŃia politicului sau politica justiŃiei?, ( The
Constitutional Court of Romania, Political Justice and Justice Policy) Editura (publishing house) Monitorul
Oficial, Bucureşti, 2011, p. 42.
See G.Vrabie, M. Balan, Organizarea politico-etatică a României, (Romania’s Political and State
Organization)Institutul European (European Institute), Bucureşti,2004,p. 293 and M. Criste, Scurtă prezentare
comparativă a jurisdicŃiei constituŃionale în Ńările Uniunii Europene, ( A Brief, Comparative Presentation of the
Constitutional Jurisdiction in the EU countries) Revista Dreptul (Law Magazin e), Editura (Publishing House)
Universul Juridic, nr. 4/2010, p. 181.
According to the German Constitution ”The Constitutional Federal Court decides that : ..3. in case of
difference of opinions regarding the rights and ob ligations of the Federation and the Lander, especially regarding
the execution of federal laws by the Lander and the exercising of surveillance b y the Federation; 4. regarding the
public law conflicts between the Federation and the Landers(Provinces), between Landers or within a Lander,
whenever there is no possibility of appeal to another Court.” (art.93)
Article 138 of the Austrian Constitution states that: „(1) The Consituttional Court may pronounce decisions
on coflicts of jurisdiction c) between states, as well as between states and the Federation.
(2) The Constitutional Court prono unces decisions regarding the application by the federal Government or
by the Government of the federate state of a legislative act, when this is in either the federation or the state
Article 189 of the S witzerland Constitution also regulates jurisdiction : (2 ) The Court pronounces decisions
on disputes between Federations and Cantons or between Cantons.”
Article 161 o f the Spanish Constitution states that: „(1) The Constitutional Court has jurisdiction over the
entire Spanish territory and h as the competency to judge:..c) the competency disputes b etween the state and the
autonomous communities or bewteen the autonomous communities themselves”.
Article 134 of the Italian Constitution confers competence to the Constitutional Court to decide with
regard to ”conflicts created by the allocation of powers in the b ranches of governance within the state, i.e.
conflicts between the state and the regions as well as between regions.”
See M. Criste, op.cit., p. 181.