Relevant provisions
The Constitutional Court’s power to settle legal disputes of constitutional nature between public authorities has been introduced following the revision of the Constitution in 2003.
The settlement of legal disputes of constitutional nature between public authorities is regulated by the provisions of Article 146 e) of the Constitution and by Articles 34-36 of Law no.47/1992.
Author of the request for settlement (referral)
The Constitutional Court settles legal disputes of constitutional nature between public authorities, only upon request by:
– the President of Romania;
– one of the presidents of the two Chambers;
– the Prime Minister;
– the president of the Superior Council of Magistracy.
Subject matter of the referral
The Constitution of Romania and Law no.47/1992 on the organisation and functioning of the Constitutional Court uses the expression „legal dispute of constitutional nature” without specification of its subject matter. Accordingly, in order to determine the features of the content of a legal conflict of a constitutional nature, the principal guide mark remains the Constitutional Court’s case-law.
Referral to the Constitutional Court
The request for settlement of the legal dispute of constitutional nature shall mention:
– the public authorities involved in the dispute;
– the legal texts upon which the conflict is bearing;
– the parties’ stance and
– the applicant’s opinion.
Procedure
In view of settlement of the legal dispute of constitutional nature, on receiving the request, the President of the Constitutional Court shall communicate it to the parties involved in the dispute, soliciting them to express, in writing, their viewpoint on the subject matter at dispute and the possible ways for resolution, to be handed in within the established term, and shall designate the Judge-Rapporteur.
On the date when the last viewpoint has been received, but not later than twenty days from the receipt of the request, the President of the Constitutional Court shall establish the date for the hearing session to which he shall summon the parties involved in the dispute, the debate taking place pursuant to the inter partes principle.
Expression of viewpoints by the parties involved in the dispute is not mandatory, thus the debate shall take place on the day fixed by the President of the Constitutional Court, regardless of whether either of the public authorities involved has failed to meet the deadline for presenting its point of view or does not appear before Court, although summoned.
The debate shall take place on the basis of the report presented by the Judge-Rapporteur, of the act on the case submitted to the Court, of the viewpoints submitted, of the evidence given and of the parties’ arguments.
Type of act issued
Within this power, the Court renders, pursuant to the provisions of Article 11 (1) A. e) of Law no.47/1992, a decision. The decision shall be taken by the majority vote of the Court’s judges.
Communication of the decision
The decision which resolves the legal conflict of a constitutional nature shall be final and it shall be communicated to both the applicant, and to the parties in dispute, before its publication in the Official Gazette of Romania, Part I.
Effects of the decision
The public authorities involved in the dispute shall comply with the decision of the Court, given the generally-binding nature of the decision rendered by the latter, pursuant to Article 147 (4) of the Constitution.
All decisions rendered based on this area of jurisdiction, grouped per years, may be accessed here