CONSTITUTIONAL REGIME FOR THE ENGAGEMENT OF GOVERNMENT’S LIABILITY ABUSE OF POWER IN THE PRACTICE OF ENACTMENT
CONSTITUTIONAL REGIME FOR THE ENGAGEMENT OF GOVERNMENT’S LIABILITY ABUSE OF POWER IN THE PRACTICE OF ENACTMENT

Summary/Abstract: The procedure for engaging Government’s liability is a topical issue, with profound legal and political implications that should be viewed with great interest in case the Constitution would be subjected to review.This procedure shows, as it is now governed by Art. 114 of the Constitution, many legal loopholes which allow multiple interpretations and grants the Government an excess of power that can result in diminishing the role of the sole legislative authority Parliament of the country.The procedure for engaging Government’s liability for a bill without limiting the object of liability engagement and the period in which the Government may assume its responsibility, creates for the executive the possibility to substitute for Parliament in legislative activity. We believe that, if Constitution would be subjected to review in relation to the institution regulated by art. 114 of the Fundamental Law, at least three objectives should be considered: regulatory directions which may be the subject of the engagement of Government's liability for a bill, the period in which it may assume its responsibility and possibility that Government accept the amendments as drawn by deputies and senators, especially amendments concerning the content of the bill and not necessarily drafting conditions.

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