DE LA CONFLICTELE JURIDICE DE NATURĂ CONSTITUŢIONALĂ LA COMPORTAMENTUL CONSTITUŢIONAL LOIAL AL AUTORITĂŢILOR STATULUI
FROM LEGAL CONFLICTS OF A CONSTITUTIONAL NATURE TO CONSTITUTIONALLY LOYAL BEHAVIOUR OF STATE AUTHORITIES

Summary/Abstract: The supremacy of the Constitution would remain a mere theoretical matter if there were no adequate guarantees. Undeniably, constitutional justice and its particular form, the constitutionality control of laws, represent the main guarantee of the supremacy of the Constitution, as it is also expressly stipulated in the Fundamental Law of Romania. The obligation of the authorities, namely the parliament and the executive to have a constitutionally loyal behavior was stipulated for the first time in the jurisprudence of the French Constitutionals Council, which is the constitutional court of France. This obligation is found in the powers that state authorities have to interpret and apply constitutional norms. It is not limited only to the simple requirement of legality of the acts and dispositions of the rulers, that is, to the formal observance of the law. In our opinion, the preoccupation of the political class and the state authorities in the current period, in relation to the current content of the Fundamental Law, should also be oriented towards its correct interpretation and application and respect for the democratic purpose of the constitutional institutions For the consolidation of the rule of law in Romania, even in the current normative form of the Constitution, it is necessary that the political formations, especially those that hold the power, all the state authorities act or exercise their powers within the limits of a loyal constitutional behavior that implies respect for the meaning and the democratic meanings of the Constitution, the Christian Orthodox traditions and values of the Romanian people, the rights and dignity of the person. In this study we analyze doctrinal and jurisprudential aspects of the issue of resolving conflicts of a constitutional nature by state authorities and the concept of loyal constitutional behavior.

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