Theoretical and practical aspects related to the elaboration of executing documents Cover Image

Aspecte teoretice și practice privind elaborarea actelor în executare
Theoretical and practical aspects related to the elaboration of executing documents

Author(s): Sorin Popescu, Cătălin Ciora
Subject(s): Constitutional Law, Public Administration, Public Law
Published by: Institutul Român pentru Drepturile Omului
Keywords: Legislative Council; Parliament; Government; normative acts; legislation;

Summary/Abstract: In this study, the authors analyze theoretically the issue of executing documents that have to be elaborated in those cases when the normative act on the basis of which they are issued does not entirely regulate the legislated field and when it is expressly provided that such subsequent acts may be issued. At the same time, the theoretical analysis of the topic is accompanied by many practical examples to be found in the legislation, examples proving, as if it were needed, the importance that has to be attached to issuing within the legal term the legal documents adopted for carrying into execution another normative act. The authors also point out the specific means the Legislative Council institution has in its capacity as a body that should have both a general and a detailed view on the normative system, to accomplish its task to monitor the way the competent public authorities fulfill their duty to issue the executing normative acts provided for by laws, Government ordinances and decisions. Thus, the Legislative Council submits to the delegated minister for the relationship with Parliament, and to the Secretary General of the Government as well, a report of the normative acts providing for the elaboration of executing legal documents, as well as the extent to which these duties have been accomplished, while highlighting the delays. The reports reflect the fact that executing legal documents were adopted to a great extent beyond the term within which they had to be elaborated, as well as the fact that there were numerous cases when the act providing for the elaboration of executing legal documents did not provide for time limit within which they had to be adopted.

  • Issue Year: 2011
  • Issue No: 4
  • Page Range: 32-39
  • Page Count: 8
  • Language: Romanian