The Status of the Members of Parliament in Relationship With the Legal And Ethical Norms

Gabriela Nemtoi () and Oana Nesteriuc ()
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Gabriela Nemtoi: Associate. Prof. PhD, "Ștefan cel Mare" University of Suceava, Romania
Oana Nesteriuc: Lecturer. PhD., "Ștefan cel Mare" University of Suceava, Romania

European Journal of Law and Public Administration, 2019, vol. 6, issue 2, 245-253

Abstract: The notion of mandate was initially established and judicially formulated in terms of the private law. Thus, the public law uses the word mandate in the sense of a special delegated power given to a subject of law based on an official procedure which serves as a basis for exercising his authority prerogatives in order to fulfil certain general duties.As part of the constitutional law, the notion of mandate is used in several texts such as section 63 the 1st, the 2nd and the 4th paragraphs; section 69; section 70 the 1st paragraph; section 72 the 1st paragraph; section 81the 4th paragraph; section 82; section 83; section 84 the 1st paragraph; section 104 the 2nd paragraph; section 110. However, in spite of the fact that there is a fairly extensive judicial framework that specifies the mandatary’s conduct, namely the quality of the members of Parliament, the debating issue refers to whether this framework is specifically deliniated in itself. Based on this approach, we will attempt to clarify whether the conduct of the members of Parliament is restrained solely by legal norms or whether their actions are influenced by their ethical actions.

Keywords: Mandate; member of Parliament; constitutional; subject of law. (search for similar items in EconPapers)
JEL-codes: H7 K10 K15 K33 (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:6:y:2019:i:2:p:245-253

DOI: 10.18662/eljpa/101

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