Consideraţii privind echilibrul puterilor prin prisma principiului separaţiei şi colaborării puterilor în stat [Articol]

Abstract

According to the provisions of Article 6 of the Constitution of the Republic of Moldova, entitled 'Separation and collaboration of powers' - the legislative, executive and judicial powers are separated and collaborate in the exercise of their prerogatives according to the provisions of the Constitution. Analyzing these provisions, the authors of the commentary on the Constitution of the Republic of Moldova assert, in this sense, two sides that reflect the essence of this principle: a) separation of powers, b) collaboration of powers. As far as the content and meanings of the separation of powers are concerned, it has been and is being affirmed more and more often that it is less about separation than about the balance of powers, because in reality the separation of state powers involves entrusting the functions of the state to distinguished and independent holders under conditions that allow their collaboration and mutual control. So it would not be a question of a 'separation of powers', but above all of their relative autonomy and their mutual dependence: 'balance of powers'.