The Role of the Court of Conflicts in Preserving the Rules of Subject-Matter Jurisdiction

Abstract

The Court of Conflicts is considered a judicial body aimed at resolving conflicts of jurisdiction between the judicial bodies of the ordinary judicial system and those of the administrative judicial system. It was established pursuant to paragraph four of Article 152 of the 1996 Constitution, which stipulates that a Court of Conflicts shall be established to rule on conflicts of subject-matter jurisdiction between the Council of State and the Supreme Court. The same wording remained until the constitutional amendment of 2020 in Article 179, paragraph four, which stipulates that the Court of Conflicts shall decide on cases of conflict of jurisdiction between the ordinary judiciary and the bodies of the administrative judiciary. This was also provided for in Organic Law No. 98/03 relating to the competencies, organization, and functioning of the Court of Conflicts, as amended and supplemented, where Article 3 states: “The Court of Conflicts shall have jurisdiction over disputes of jurisdiction between the judicial bodies subject to the ordinary judicial system and the judicial bodies subject to the administrative system.” Subsequently, Organic Law No. 25/13 amending and supplementing Law 98/03 was issued, adopting the same wording.