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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?