Le principe de consentement à l’impôt, approche comparative et évolution doctrinaire
The principle of the taxation’s legality, comparative approach and doctrinal evolution
Author(s): Oana-Andreea IchimSubject(s): Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation, Comparative Law
Published by: Facultatea de Drept, Universitatea din București
Keywords: principle of legality of taxation;citizen;State;fiscal civism;new fiscal civism;representation;financial cybernetics;fiscal sovereignty;
Summary/Abstract: The principle of legality of taxation is a structured principle for the State’s existence and for ensuring the governmental harmony. It appears at a superior level, after the monarchical absolutisme and the default obscurantism, and represents the obvious result of the social movements.The citi-zen consents to pay taxes and to be requested to pay them at the moment when he elects his repre-sentatives in Parliament. The principle is universal, present in all modern democracies and consti-tutes source of tax’s legitimacy. Although the principle of the legality of taxation is accepted and integrated, it remains a source of debate and doctrinal controverse. Beyond the simple mandate that the citizen gives to his representative in this matter, this principle provokes an important de-bate regarding the administration. We notice a terminological mutation, from taxpayer citizen to client/user citizen, mutation that suggests an administration transformation where the citizen awaits to obtain a concrete benefit as a result of his pecuniary contribution.
Journal: AUBD – Forum juridic
- Issue Year: 2023
- Issue No: 1
- Page Range: 131-138
- Page Count: 8
- Language: French