Raporturile dintre
Președinte și Parlament în
republici semiprezidențiale
The Relations between the
President and Parliament in
Semi-presidential Republics
Author(s): Crina Mihaela VergaSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: President; Parliament; relations; semi-presidential republics
Summary/Abstract: This paper is a comparativeanalysis of the relations between thePresident and Parliament in semipresidentialrepublics, such as France,Finland, Portugal, Austria and Ireland.Firstly, the specific features of a semipresidentialsystem are presented. Then, wefocus on the relations between the head ofstate and legislature, appearing as anecessity of control and collaborationbetween public authorities, which arefundamental requirements of the principleof the separation of powers. Thecooperation between the President and theParliament is expressed by means ofdifferent procedures: addressing messagesto Parliament, extending the President’smandate, convening and dissolvingParliament, promulgation of laws,collaboration on forming the Government,placing members of Government undercriminal prosecution, initiatingreferendum, constitutional revision,establishing exceptional measures,impeachment of the head of state for hightreason. The commented constitutionalprovisions show that in Finland, Portugal,Austria and Ireland, in the relationsbetween the President and Parliament, thelatter has a decisive role. The exception tothis is represented by France, where thePresident is "the cornerstone" of the entireinstitutional system, as he has importantattributions. The Parliament issubordinated to him, especially if the head of state has the support of theparliamentary majority in the NationalAssembly. The comparative analysis of therelation between President and Parliamentin the examined states can be useful to boththe constitutional legislator of theexamined states, in order to improve therelevant legislation in the analyzed fieldand to redefining, in practice, the relationsbetween the head of state and thelegislature.
Journal: Acta Universitatis George Bacovia. Juridica
- Issue Year: V/2016
- Issue No: 2
- Page Range: 343-384
- Page Count: 42
- Language: English, Romanian