DIMENSIONS OF THE ASPECT OF �LEGISLATIVE AUTHORITY� OF THE EXECUTIVE BRANCH

Ionel Bostan ()
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Ionel Bostan: Stefan cel Mare University, ionel_bostan@yahoo.com, Suceava, Romania,

Journal of Public Administration, Finance and Law, 2014, vol. 6, issue 6, 247-254

Abstract: The legislative delegation, based on which the legislative powers are transferred from the Parliament to other state bodies, is an exception to the principle of the separation of powers. According to paragraph 1 of Article 115 of the Constitution, the Parliament may adopt a special law enabling the Government to issue (simple) ordinances in fields outside the scope of the organic laws. Thus, the Constitution grants that the Government - an organ of the executive power, under certain conditions, may be vested by the Parliament with attributions of the legislative function, specific to the Parliament. The prohibition of the Government to issue legislative acts in the field of organic laws only refers to the government ordinances issued under a special enabling law. Even knowing all these facts, given the ampleness of the phenomenon to which we refer in this paper, the foreign investors invoke the instability of the business laws in Romania, increased by the frequency of the emergency ordinances and lack of transparency of the local legislative process. In our case, through this paper, we limit ourselves only to covering certain dimensions of the aspect of the �legislative authority� of the Executive branch, consistent with the period following the accession of Romania to the EU, of which several years have been included in the post-crisis period.

Keywords: Government ordinances; emergency ordinances; separation of powers; the Constitution; the Parliament (search for similar items in EconPapers)
Date: 2014
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