EIRP Proceedings, Vol 3 (2008)

Abstract

Pursuant to the provisions of art. 61 paragraph 1 of the Constitution of Romania, the
Parliament is the only legislating authority of the country, being made up of 2 chambers – the Chamber of
Deputies and the Senate, which enacts constitutional laws, organic laws and ordinary laws.
Apart. from laws, the Constitution of Romania grants the same legal force to other normative acts too
that are not issued by the Parliament but by the Executive, but only in special situations expressly governed by
the law.
The legislative delegation is a legislative procedure given by the fundamental law in emergency
situations, by means of which the normative act is not issued by the Legislative (the Parliament) but by the
Executive (the Government).
Thus, by virtue of this legislative delegation, the Government, as a collegial body of the Executive, may
enact and issue simple or emergency ordinances, as well as decisions.
Through decisions the Government performs the organization of the laws’ enforcement, and through
ordinances it issues primary norms having law force, being authorized by the Parliament in this respect.
The Parliament’s special arbitration law, for the Government, to issue norms with law force, is
compulsory and not at all optional, setting the date and the scope in which the respective normative act must be
issued.
The Decisions and the Ordinances enacted by the Government must be signed by the Prime Minister
and countersigned by the Ministers who must carry them into effect.

Pursuant to the provisions of art. 27 paragraphs 1 and 2 of Law no. 90/2001 regarding the
organization and operation of the Government of Romania and of the Ministries, the Government enacts
decisions and ordinances in the presence of the majority of its members, by consensus. Should the consensus not
be reached the Prime Minister shall take the decision.
In art. 115 paragraph 6 the Constitution of Romania expressly limits the scopes in which Government
ordinances may be enacted, namely the scope of the constitutional laws, the regime of the State’s fundamental
institutions, the rights, liberties and liabilities provided by the fundamental law, the voting rights are excluded.
Despite all these limitations, one currently notes an abuse through the unjustified enactment of
emergency ordinances, the Executive acquiring enactment power in scopes the regulation of which belongs to
the Parliament of Romania.