Moreover, another juridical conflict of a constitutional nature was acknowledged in the Court's Decision No.
Moreover, the most frequently broken constitutional provisions are those regarding the Parliament's competency--or so they are perceived by the Parliament--when the President is the one breaching them and, quite paradoxically, the ones in which the judicial authority disputes its independence and competency over certain rulings with the dualistic structure of the executive branch--a total of 4 cases.
On a final note, I believe that the analysis of the constitutional prerogatives presumably broken and disputed in the juridical conflicts of a constitutional nature between public authorities are also those provisions which need a terminological improvement and thereby, the Romanian Constitutional Court is the only authority competent to carry out such clarifications.
Before proceeding with the analysis of this next variable, it is important to note that not all of the cases implying juridical conflicts of a constitutional nature which were brought to the Romanian Constitutional Court were automatically admitted as such.
On this note, from a total of 11 Decisions on juridical conflicts of a constitutional nature between public authorities, the Romanian Constitutional Court decided that 4 of them were not cases of such conflicts (55), 5 of them were indeed admitted as constitutional conflicts and reglemented accordingly, whereas 2 had a special status (56)--they were recognized as being juridical conflicts of a constitutional nature, but they were perceived to have already stopped before the Court's ruling so no legal clarifications were made in those cases.
2008 admitted the existence of a juridical conflict of a constitutional nature between the Public Ministry and the Parliament regarding the procedural aspects employed in the prosecution of the Cabinet members who are also Parliament members.
Finally, a similar situation occurred in 2010, when two juridical conflicts of a constitutional nature between public authorities shared the same articles of the Fundamental Law in their dispute--that between the Parliament and the Government on the bill of the national education--respectively art.
Therefore, after an overview of the constitutional provisions which were violated in the juridical conflicts of a constitutional nature between public authorities and which were brought forth to the Romanian Constitutional Court, as well as of the parties involved in these conflicts, it appears that most of them occurred between the President and the Parliament (3), followed closely by the conflicts between the President and the judicial authority (2) and those between the Government and the judicial authority (2).
Furthermore, when analyzing the actual constitutional provisions disputed between these public authorities, I found that most of them were centered on the fourth paragraph of article 1 of the Fundamental Law, which refers to the principle of separation of powers.
In addition, the first conflict of 2009 between the judicial authority, on the one hand, and the Romanian Parliament and Government on the other disputed the supposed violation of the following Constitutional provisions: art.
At the end of 2008, in the conflict between the President Traian Basescu and the High Court of Cassation and Justice as representative of the judicial branch, there was just one constitutional provision, namely that of art.
Later that same year, in the most complex decision of the Romanian Constitutional Court which compiled three notifications of presumed juridical conflicts of a constitutional nature which, nonetheless, all dealt with the same issue in the matter of the criminal investigations of four Cabinet members who were also Parliament members, art.
Then, in 2007, the Prime-Minister Calin Popescu Tariceanu notified the Constitutional Court on a constitutional conflict in which the President was accused of refusing to fulfill his duties with regard to nominating a new minister at the proposal of the Prime-Minister and as such violating a series of constitutional provisions on this matter under articles 80, 85, 86, 87, 91, 103, 106 and 107 on which I will not further develop at this point (38), but basically, this was a negative juridical conflict of a constitutional nature, in which the President refused to fulfill certain attributions regarding the approval of the nomination of Ministers, fact which led to an inter-branch conflict in the dual executive of the Romanian political system.
2006, the President of the Superior Council of Magistracy considered that the Constitutional stipulations of articles 1, paragraph 4) (35), 80, paragraph 2) (36) and 133, paragraph 2 (37) had been disregarded by the behavior and public declarations of the President Traian Basescu, the Prime-Minister Calin Popescu Tariceanu and several members of his Cabinet--in brief, this was a conflict between the judicial branch and the two parts of the executive, over certain political statements made by the latter.
The second important variable in analyzing the role of the Romanian Constitutional Court in safeguarding the checks and balances principle is, naturally, that of the constitutional prerogatives which were presumably violated in the conflicts.