JusMin Toader: Legal conflict of constitutional nature cannot be generated by law-making activity

A legal conflict of a constitutional nature cannot be generated by law-making activity, says Justice Minister Tudorel Toader in a Facebook post. 

Toader makes reference to the Constitutional Court of Romania (CCR)'s Decision 231 of 2013 on the request for settlement of the legal conflict of a constitutional nature between the judiciary represented by the Superior Council of Magistrates (CSM) and the executive power, represented by the Government of Romania. The CCR then rejected the request made by the Superior Council of Magistrates and found that there was no legal conflict of a constitutional nature. 

"The Constitutional Court's duty to settle the legal conflicts of a constitutional nature between public authorities was not conceived by the constituent legislator as a third distinct way of examining the constitutionality of legislative acts," the reasons for the decision specify.