Stefan DEACONU – Legislative delegation in Romania – jurisprudential analysis

The present paper is an analysis of the institution of legislative delegation in Romania. The analysis is focused on the constitutional and legal acts that are representative for this institution and on the jurisprudence of the Constitutional Court regarding the matter of legislative delegation in the last 14 years.

The conclusions drawn from the analysis of the legal stipulations and of the jurisprudence of the Constitutional Court in the matter of Legislative delegation are the following:

a) Legislative delegation in Romania it’s an institution of the constitutional law that includes two categories: legislative delegation towards the Government and legislative delegation towards the President;

b) There is no specific date for the debate in the Parliament of the Government’s simple and emergency ordinances;

c) The laws on the abilitation of the Government to issue ordinances may be controlled from the constitutionally point of view by the Constitutional Court;

d) The laws on the abilitation of the Government to issue ordinances are ordinary laws and not organic laws;

e) Government may issue ordinances on the basis of the abilitation laws only in the areas that are not considered to be object of organic laws;

f)The matter of taxes and fees may constitute the object of a legislative delegation towards the Government;

g) The regulations that are included in Codes are not all of them referring to areas pertain organic laws, although according to the principle of the unicity of the legal act, the Codes shall be considered organic laws;

h) Emergency ordinances shall be issued by the Government only in exceptional cases;

i) Emergency ordinances may be issued both in the domain of organic and ordinary laws;

j) Between simple ordinances and emergency ordinances there is clear distinction in what regards their legal regime;

k) The Government may ratify international treaties by means of ordinances, despite opinions in the doctrine that make a clear difference between legislative attributions of the Parliament and ratification of international treaties.