RELEVANȚA CONSTITUȚIONALĂ A AVIZULUI CONSILIULUI LEGISLATIV ÎN CADRUL PROCEDURII DE ADOPTARE A ORDONANȚELOR DE URGENȚĂ
CONSTITUTIONAL RELEVANCE OF THE ADVISORY OPINION OF THE LEGISLATIVE COUNCIL IN THE PROCEDURE OF ADOPTING EMERGENCY ORDINANCES

Summary/Abstract: The Constitutional Court of Romania has ruled, in a rich jurisprudence, that the failure to request the opinion of the Legislative Council in the procedure of adoption of an emergency ordinance by the Government entails the unconstitutionality of the normative act thus adopted. In order to reach this conclusion, the Court applied Art. 79 para. (1) of the Constitution, which enshrines the role of the Legislative Council, in relation to art. 1 para. (5) of the Constitution, which enshrines the obligation to comply with the law. In this study, we aim to nuance this opinion in relation to the particularities of the emergency ordinance as a normative act adopted in extraordinary situations by the Government, an authority against which the Legislative Council does not have a constitutional consecration as a consultative body, but only a legal consecration.

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