Legal Conflict Between Romanian High Court And Parliament & Govt Recognized By CC

The Constitutional Court ruled, in its Wednesday meeting, on the request to solve the constitutional conflict between the judicial authority, represented by the High Court of Justice on one side and the Parliament and Government, on the other. The request was made by President Traian Basescu on the grounds of article 146, letter e of the Constitution.

The ruling was unanimous.

In performing the duties outlined by article 126 paragraph 3 of the Constitution, the High Court of Justice is tasked with providing a unitary interpretation and application of the law by all courts, respecting the fundamental principle of separation and balance of powers, as per article 1 paragraph 4 of the Romanian Constitution.

“The High Court of Justice may not implement, amend or abrogate legal norms as laws or control their constitutionality,” the Constitutional Court’s decision said.

The decision is ultimate and mandatory and is to be published in the Official Journal, Part I.