ACQUIRING THE PARLIAMENTARY MANDATE AND STARTING THE EXERCISE OF THE PARLIAMENTARY MANDATE
ACQUIRING THE PARLIAMENTARY MANDATE AND STARTING THE EXERCISE OF THE PARLIAMENTARY MANDATE

Summary/Abstract: Acquiring the capacity as MP implies the competence provided under article 29 of the Code of Criminal Procedure. According to the Romanian Constitution, the Deputies and Senators begin the exercise of their mandate on the date the Chamber they form part of has lawfully met, provided that the elections are validated and the oath is taken. In practice, the question whether the moment the capacity as MP is acquired differs from the moment the MP begins the exercise of their mandate and the question regarding the precise moment the provisions on special competence for senators and deputies start to be enforced have been frequently raised. Upon analyzing the legal provisions and the doctrine, the author considers that the MPs acquire their capacity when the Election Commission issues the certificate of election; also, the provisions on special competence shall be enforced as of such date.

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