The President: the mediator of the conflicts between public authorities or part of a legal conflict of a constitutional nature? Cover Image

The President: the mediator of the conflicts between public authorities or part of a legal conflict of a constitutional nature?
The President: the mediator of the conflicts between public authorities or part of a legal conflict of a constitutional nature?

Author(s): Elena-Cristina Murgu
Subject(s): Politics, Constitutional Law, Politics and law
Published by: Editura Universitaria Craiova
Keywords: legal conflicts; the President; role of mediator; public authorities; Constitutional Court; fundamental law;

Summary/Abstract: The legal conflicts of constitutional nature have always been controversial, but nowadays, due to the fact that the situations in which the President of Romania is directly involved in the conflicts constituted within the state are more and more frequent, it is inevitable not to analyze the President’s role of mediator of conflicts between the public authorities by reference to his quality of being an active subject of the legal conflicts of constitutional nature. Although this situation in which the President is placed seems relatively absurd because these two qualities (that of mediator and that of a party of a legal conflict of a constitutional nature) seem to exclude each other, in fact things are completely different. Both these conditions punctually and gently delimit the nature of the President's function, distinguishing himself as a representative of the state, when he is on a separate position from the other authorities and as an executive body as part of a bicephalous executive, specifically pointing out that the President exerts the power of mediation only in the first position, whereas as an executive body, the President can generate a legal conflict of a constitutional nature.

  • Issue Year: 2021
  • Issue No: 69
  • Page Range: 146-155
  • Page Count: 10
  • Language: English