Reflecţii asupra unei situaţii de vid legislativ – imposibilitatea depunerii jurământului de către Preşedintele nou ales
Reflections on a situation of legislative gap – the impossibility of taking the oath by the newly elected President

Summary/Abstract: From the study of the national legislation, a possible theoretical but also practical situation of legislative gap was identified, regarding the head of state. The current Constitution does not detail what happens or how to proceed in case of non-taking the oath by the newly elected President, this being the factual situation found as a result of reading the Basic Law. The question that serves as a pretext in the documentation and analysis of the present study is: “What happens if, at the final moment of the procedure by which a person reaches the position of President of the country, that of the investiture, according to Article 82 of the revised Constitution, the official moment no longer takes place, for any reason, objective or subjective?”. Going through and interpreting the constitutional provisions as well as other normative acts may provide a possible theoretical answer, but the jurisprudence is non-existent at this moment. The conclusions we reached after the documentation are found at the end of the study, on which occasion the lines of future research on the subject of the oath will be drawn.

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