Aplicarea articolului 110 alineatul (4) din Constituția României. Competența unui Guvern demisionar de a adopta sau a propune acte cu putere de lege
Application of Article 110 paragraph (4) of the Romanian Constitution. The power of a resigning Government to adopt or propose primary legislation acts
Author(s): Teodor-Radu IancuSubject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Facultatea de Drept, Universitatea din București
Keywords: Resigning Government; Constitution of Romania; emergency ordinances; article 110 paragraph (4); Interim Government; Administrative Code; Assumption of responsibility of the Government;
Summary/Abstract: In the context of the unanimous doctrinal interpretation according to which article 110 paragraph (4) of the Constitution of Romania must be read in the sense that the competence of a resigning Government of Romania is limited exclusively to the adoption of government decisions, this article aims to analyse the evolution of the regulation, to expose the points of view expressed over time about the notion of administration of public affairs and to propose a different key to its interpretation, closer, from our perspective, to the intention of the constituent legislator, in the sense that the resigning Government may adopt emergency ordinances and (simple) ordinances and may draft laws, under constitutional provisions.
Journal: AUBD – Forum juridic
- Issue Year: 2023
- Issue No: 2
- Page Range: 1-17
- Page Count: 17
- Language: Romanian
