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2015 Law Annals Titu Maiorescu U. 204 (2015)
Assumption of Responsibility on a Draft Law: Romanian Governmental Practice during 1996-2014

handle is hein.journals/latitu2015 and id is 594 raw text is: ASSUMPTION OF RESPONSIBILITY ON A DRAFT LAW: ROMANIAN GOVERNMENTAL PRACTICE DURING 1996-2014 Mariana OPRICAN* ABSTRACT According to Art. 61 par. (1) the second sentence of the Constitution Parliament is the sole legislative authority of the country. The Constitution of Romania provides two tools available to the Government, allowing it to enter the scope of enactment - whether by the assuumption responsibility to Parliament, according to Art. 114, or by enacting ordinances or emergency ordinances under Art. 115. The enactment of a draft law by the assumption of responsibility of the Government is not only a measure to avoid the rules of the legislative procedure, but also an ultra-fast way generated by exceptional circumstances to enact a law. The enactment of a law by the procedure of governmental responsability entails in practice a number of issues, the constitutional text, as formulated, giving rise to multiple interpretations, and grants the Government an excess of power that can lead to abatement of the role ofParliament as sole legislative authority of the country. KEYWORDS: Parliament, Government, parliamentary practice, government responsability, draft law. The analysis of the Romanian governmental practice on the matter - 1996-2014 period Section 1. 2.1. Governmental practice until the enactment of Law no. 429/2003 on the revision of the Constitution, adopted on December 8, 1991 a) The Government vested in November 1996 resorted to its res- ponsability procedure in February 1998 for the draft of Law approving Government Emergency Ordinance no. 88/1997 on the privatization of companies, becoming Law no. 44/1998,1 an ordinance already filed for approval of legislature and already producing legal effects. * Assistant Professor, Ph.D.candidate, University of Bucharest, Romania. Acknowledgment: This work was supported by the strategic grant POSDRU/159/ 1.5/S/133255, Project ID 133255(2014), co-financed by the European Social Fund within the Sectorial Operational Program Human Resourses Development 2007-2013. 1 Law no. 44/1998, published in the Official Gazette no. 88 of February 25, 1998. 204

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