Brief Analyzes on the Manner in Which the State Power is Distributed among the Constitutional Institutions of Romania
Brief Analyzes on the Manner in Which the State Power is Distributed among the Constitutional Institutions of Romania

Summary/Abstract: One of the pillars of the rule of law is the fundamental principle of separation of powers in the state – a concept that involves a clear, concrete and precise distribution of attributions between the Legislative, Executive and Judiciary power, so as to ensure both the institutional balance and also the proper functioning of the state. Precisely the balancing of powers in the state, through means of mutual control - which ensures the necessary conditions for the proper functioning of the institutions but also of the relations between them-, represents a more convenient solution than the absolute delimitation of powers, separation that inevitably produces an institutional blockage capable of disrupting the efficient functioning of institutions. Starting from these considerations, it emerges the idea of collaboration and balance between the state powers, which can be interpreted as a counterweight to the tendency of their rigid separation. According to this constitutional principle, the establishment of distinct public authorities, each with a well-defined role in the rule of law is a necessary measure, which involves the idea of balance and cooperation between state powers, cooperation that must be governed by mutual respect and constitutional loyalty. This is in fact the desideratum, because in reality, every public institution seeks by any means, the protection of its own interests, and precisely this lack of cooperation between state institutions determines an obvious violation of this principle that affects the internal order of the rule of law. Therefore, it is not possible to bring into discussion a correct distribution of state power between its constitutional bodies without implicitly discussing about legal conflicts of a constitutional nature. Moreover, the domain of legal conflicts of constitutional nature is in fact a matter of pure clarification of the system of competences established by the Constitution, and the effect of these disputes can only consist in damaging the distribution of responsibilities with the direct consequence of affecting the proper functioning of institutions within a state based on the separation of powers. Therefore, it can become a common fact that the legal conflicts of a constitutional nature represent the guarantee of the distribution of state power among its constitutional bodies.

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