Legislation Between Bad Faith, Improvisation and Disrespect for the Rule of Law
Legislation Between Bad Faith, Improvisation and Disrespect for the Rule of Law

Author(s): Verginia Vedinaș, Ioan Laurențiu VEDINAȘ
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
Published by: ADJURIS – International Academic Publisher
Keywords: lawmaking; law; rule of law; executive power; legislative power; rules; exceptions and derogations;
Summary/Abstract: This study aims to analyse the current law-making process. We focus on its shortcomings, which violate not only procedural rules but also substantive rules and the constitutional regime of fundamental institutions of the rule of law. We refer to the emergency ordinance, which has been transformed from an exceptional procedure into the rule in lawmaking, or the engagement of the Government’s responsibility, which has broadened its scope to include codes and packages of laws, thus emptying the role of Parliament as the sole legislative authority of the country of its content. Added to this are serious procedural shortcomings, such as the classification and adoption as ordinary laws of normative acts regulating matters falling within the scope of organic law and regulation by derogation, so that the rules laid down in the normative act from which the derogation is made are emptied of content.

• Details
• Contents