EIRP Proceedings, Vol 12 (2017)

Considerations on the Legal Regime Applicable to the Romanian Government Ordinances

Vasilica Negrut

Abstract


In preparing the current article we have started from the facts established by the adoption by theGovernment Emergency Ordinance no. 13/2017 amending and supplementing Law no. 286/2009 on theCriminal Code and Law no. 135/2010 on the Code of Criminal Procedure. The Romanian Constitution amendedin 2003, in Article 115 par. (1), provides that the Government, the executive authority issues orders under aspecial law of habilitation, in areas that are not covered by the organic laws. Also, the Government may adoptemergency ordinances “only in exceptional cases, the regulation of which cannot be postponed, having theobligation to motivate the urgency in their content” (art. 115, par. (4) of the Constitution). Among the objectivesof this work we have aimed to clarify some aspects referring: the specifics of government ordinances (simpleand emergency ordinances); their legal effects; the legislative delegation; control of constitutionality. To thisend, we have analyzed the acts that refer to this field, the doctrine and jurisprudence. Finally, after examiningand empirical research, the paper details the general conclusions on the legal regime applicable to theordinances of the Romanian Government.

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