Open AccessThe authority of the minister of justice in relation with the prosecutors, provided by article 132 paragraph (1) of the Constitution, in the case law of the Constitutional Court
Author(s) -
Tudorel Toader,
Marieta Safta
Publication year - 2018
Publication title -
revista de drept constituţional
Language(s) - English
Resource type - Journals
eISSN - 2810-1979
pISSN - 2457-8754
DOI - 10.47743/rdc-2018-1-0005
Subject(s) - law , impartiality , constitution , principle of legality , political science , economic justice , habeas corpus , constitutional court , paragraph , sociology
The Decision no. 358/20183 by which the Constitutional Court has settled a legal conflict of a constitutional nature between the Minister of Justice and the President of Romania states on the interpretation of the phrase “under the authority of the Minister of Justice” contained in Article 132 (1) of the Constitution, according to which “Prosecutors operate in accordance with the principles of legality, impartiality and hierarchical control, under the authority of the Minister of Justice.” We will summarize this decision, whose reasoning is structured on the following main coordinates: