GOVERNMENT’S ACCOUNTABILITY ON A DRAFT LAW. SOME CRITICAL ISSUES ON THE APPROVAL OF AN EMERGENCY ORDINANCE BY GOVERNMENT’S ACCOUNTABILITY
GOVERNMENT’S ACCOUNTABILITY ON A DRAFT LAW. SOME CRITICAL ISSUES ON THE APPROVAL OF AN EMERGENCY ORDINANCE BY GOVERNMENT’S ACCOUNTABILITY

Summary/Abstract: Analysing the case law of the Constitutional Court, we cannot but notice the tolerant attitude of the constitutional litigation court with regard to the unorthodox trends of the executive power, which used the procedure laid down by Art. 114 of the Basic Law, often, as dictated by the momentary interests. As an author considers, in some cases the Court has laid down certain minimum conditions that need this procedure to be performed , but, in our opinion, the limitations instituted are too general and in the governmental practice the result was not the one anticipated. Relative to the approval of an emergency ordinance by Government’s accountability, it is a violation of both the constitutional provisions of Art. 114 and of the provisions of Art. 115, the right of the Government to pass ordinances being circumscribed to limits and conditions. Legislative delegation does not involve the adoption of laws but of governmental instruments, known as ordinances on which the legislator can subsequently intervene, by a law for their approval or rejection, while the institution provided for by Art. 115 of the Constitution, namely the accountability of Government for a draft law, is the procedure by which the executive, relying on the support of the parliamentary majority, determines the Parliament to adopt at the outset of a law which, once in force, produces legal effects until it will be changed by another law or ordinance.

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