Legea bugetului de stat – o „lege vedetă” (I)
The State budget law – a “star law” (I)

Summary/Abstract: The state budget law can be considered a “star law”, because the constitutive power has given it a special place in the Fundamental Law, granting it there is limited in time and with the help of the procedure of adopting them different from the usual legislative procedure applicable to others. laws. Thus, both the legislative initiative and the legislative and adoption procedure are distinct, in the sense that, according to art. 138 para. (2) of the Constitution, the Government elaborates annually the draft state budget, which presupposes the approval of the Parliament, and this approval takes place in the joint sitting of the two Chambers of the Romanian Parliament. Regarding the constitutionality control exercised by the court of constitutional contents over the laws and ordinances, by virtue of art. 146 lit. a) and d) of the Constitution, this control can be performed, upon notification, on the laws of the state budget. Moreover, the analysis of the legislative process regarding the adoption of the State Budget Law over time, as well as the jurisprudence of the Constitutional Court in the matter, shows that there have been countless cases in which the law in question has been subject to a priori constitutionality control and even constituted the object of a legal conflict of a constitutional nature. These are the aspects that will be addressed in this paper and especially the jurisprudence of the Constitutional Court in the matter will be presented.

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