UNELE ASPECTE PRIVIND JURISPRUDENŢA CURŢII CONSTITUŢIONALE REFERITOARE LA CONTROLUL PARLAMENTAR EXERCITAT PRIN COMISIILE DE ANCHETĂ
Certain considerations regarding the case-law of the Constitutional Court relating to the parliamentary control exercised by the investigation committees

Summary/Abstract: In this article, the author describes important issues relating to the parliamentary control exercised on the Executive and public administration, as a complex and expressive operation of enforcement of the functional principle of division of State powers. The structure and the content of the study reveal the fact that a parliamentary control could be “systematically” performed by the permanent parliamentary committees or, unless otherwise decided by a Chamber or by the Parliament, by a specially established committee to this end. At the same time, the parliamentary control on the central public administration may be also exercised through the agency of investigation committees, which may be established by each Chamber either separately, or in common, by both Chambers. The role of the investigation committees is to provide those two Chambers of Parliament with extremely correct, complete, specialized and relevant information on a certain issue, in relation to which they should finally express their opinion. Next, considering the Decisions no. 45/1994 and no. 1231/2009 of the Constitutional Court, the author describes relevant issues from the point of view of the case-law, in relation to the parliamentary control exercised through the agency of investigation committees. Finally, the author draws conclusions regarding the case law of the Constitutional Court.

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