THE ENCOURAGEMENT OF POLITICAL MIGRATION OF LOCAL ELECTED OFFICIALS THROUGH EXCEPTIONAL LEGISLATIVE INSTRUMENTS. THE OPINION OF THE CONSTITUTIONAL COURT OF ROMANIA REGARDING THIS PHENOMENON
THE ENCOURAGEMENT OF POLITICAL MIGRATION OF LOCAL ELECTED OFFICIALS THROUGH EXCEPTIONAL LEGISLATIVE INSTRUMENTS. THE OPINION OF THE CONSTITUTIONAL COURT OF ROMANIA REGARDING THIS PHENOMENON

Summary/Abstract: The emergence in the Romanian legislative landscape of the Government Emergency Ordinance no. 55/2014 triggered a number of negative effects on the social environment, starting with the shift of the local elected officials from one party to another, a situation that led to a change in the political configuration following the elections, and continuing with the brutal violation of the rule of law, as demonstrated by Constitutional Court. The present article analyzes the effects of this normative act by comparison to another regulation from 2006, namely Law no. 249/2006, as well as the result of a priori control of constitutionality exerted by the Constitutional Court, resulted in Decision no. 761/2014.It is held as a true axiom that a coherent and stable legal system guarantees the functioning of normal social relations, and the compliance of all laws with constitutional provisions ensures that the objectives of the rule of law are met. The Government intervention at legislative level has become, unfortunately, a rule within the state mechanism, which affects the role of the Parliament as the sole legislative authority and endangers the stability of the legal system. The frequent legislative changes determined by the galloping adoption of emergency ordinances, in most cases without substantiating the exceptional situation that prompted the enactment of exceptional legislative instruments, leads to an infringement of the principles of the rule of law. It is all the more serious when the government initiatives are adopted through the violation of constitutional provisions, as in the case of the Emergency Ordinance no. 55/2014.

• Details
• Contents