SOME ASPECTS ON THE GENERAL FEATURES OF THE PROCEDURE COMMITTING GOVERNMENT’S LIABILITY RESULTING FROM CONSTITUTIONAL COURT'S JURISPRUDENCE
SOME ASPECTS ON THE GENERAL FEATURES OF THE PROCEDURE COMMITTING GOVERNMENT’S LIABILITY RESULTING FROM CONSTITUTIONAL COURT'S JURISPRUDENCE

Summary/Abstract: Our concerns align during the review of the Basic Law, regarding the art. 114 of the Constitution of Romania, which regulates the procedure committing Government’s liability. Committing Government’s liability for a draft law raises serious practical issues because, as currently regulated, gives rise to multiple interpretations and enables the executive to act with abuse of power in the practice of law-making, going so far as to replace the legislative authority. The absence of an adequate constitutional and legal framework has led the Constitutional Court, as constitutional jurislator, to establish, through its decisions, rules on committing Government’s liability for a draft law. Looking at these rules we see that they do not restrict in any way the discretion of the Government, as the Constitutional Court cannot limit what the Basic Law allows. Under urgent reasons, the Government has repeatedly committed liability for complex draft laws, having a varied and unusual regulatory object, and several times per parliamentary session.

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