Traian Basescu: Constitutional Court is means to strike balance in law-based state

President Traian Basescu said on Monday that, in the Romanian constitutional system, the Constitutional Court was situated on the border between the three powers in the state. It is independent of any other public authority and is only subject to the fundamental law and to its own organization and functioning law.

„In the Romanian constitutional system CCR [the Constitutional Court of Romania] holds a special position. Its power increases in time both directly, by its being given some new tasks when the Constitution is revised, and especially indirectly, by the fact that, in recent years, the authorities of the state often resorted to its competence. In other words, they resorted to the arbitration of the Court. The place of the Constitutional Court in the Romanian constitutional system is on the border between the three powers in the state and it is a means to strike the balance in the law-based state. The Court does not take over the tasks of any of the three classic powers, it supports their good functioning considering the principle of the separation and balance of power,” President Basescu told the 15th Congress of the Conference of European Constitutional Courts, which was held on Monday at the Parliament Palace.

He made it clear that although the role and competences of the constitutional justice varied depending on the state in which it works, it is essential that the addressee should carry out its rulings efficiently.

„The constitutional jurisdiction in Romania has its own characteristics as has the post-December 1989 process meant to create the Romanian constitutional system, which is quite different from several points of view. Romania’s 1991 Constitution ensured the institutional support to a democratic development. Subsequently, by revising it in 2003, they tried to adapt the national mechanisms to the European ones, but the failure to clarify some institutional relations is one of the elements that, in the past few years, showed the practical shortage of some norms of Romania’s fundamental law,” added Traian Basescu.

According to him, the role of the constitutional courts is an essential and defining one and it is a real pillar of support to the state and democracy, as it guarantees equality under the law, fundamental freedoms and human rights.

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