The principle of the taxation’s legality, comparative approach and doctrinal evolution Cover Image

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 Ichim
Subject(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.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 131-138
  • Page Count: 8
  • Language: French
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