Aspects pertaining to the legal regime of Presidential decrees in Romania

Author:Camelia Florentina Stoica - Marieta Safta
Position:Head of the Law Department, Bucharest University of Economic - Titu Maiorescu University of Bucharest
Pages:195-204
SUMMARY

The doctrinal debates on the legal regime of presidential decrees and the recent case-law of the Constitutional Court have determined the present approach for analysis of some aspects pertaining to the issues arising in relation to these acts, especially their legal features and nature and, from this perspective, the differentiations with regard to the challenging of presidential decrees - we... (see full summary)

 
FREE EXCERPT
Aspects pertaining to the legal regime
of Presidential decrees in Romania
Professor Camelia Florentina STOICA1
Lecturer Marieta SAFTA2
Abstract
The doctrinal debates on the legal regime of presidential decrees and the recent
case-law of the Constitutional Court have determined the present approach for analysis of
some aspects pertaining to the issues arising in relation to these acts, especially their legal
features and nature and, from this perspective, the differentiations with regard to the
challenging of presidential decrees – we refer, in this context, to the extension of the
control carried out by courts. The conclusions of the study reveal the importance of
addressing and establishing the relations between public authorities, inclusively with
regard to the substantiation, issuance and implementation of presidential decrees, in
relation to the principle of constitutional loyalty.
Keywords: presidential decree, administrative act, constitutional review,
administrative litigation.
JEL Classification: K23
1. The regulation and the legal features of presidential decrees
According to Article 100 (1) of the Constitution, “In the exercise of his
powers, the President of Romania issues decrees that shall be published in the
Official Gazette of Romania. Failure to publish any of the decrees causes such to
be non-existent”3.
Having interpreted the cited constitutional text and the provisions of Title
III Chapter II of the Constitution - the President of Romania, with reference to Law
no.554/2004 on Administrative Litigations, the conclusion is that presidential
decrees are legal acts, namely administrative acts, unilateral manifestations of will,
issued in order to produce legal effects, under public authority. The definition of

1 Camelia Florentina Stoica – Head of the Law Department, Bucharest University of Economic
Studies, camelia.stoica@cig.ase.ro.
2 Marieta Safta – „Titu Maiorescu” University of Bucharest, Law School; First assistant magistrate to
the Constitutional Court of Romania, marietasafta@yahoo.com.
3 These constitutional provisions should be interpreted in conjunction with the other constitutional
provisions, which establish the exercise of the powers of the President of Romania also through
other acts: e.g. messages, statements, calls, letters; under this aspect, the doctrine distinguishes
between political acts and legal acts of the President of Romania - see E. Albu, Natura i regimul
juridic al decretelor emise de preşedintele României [Nature and legal regime of decrees issued by
the President of Romania], in the „Curierul Judiciar” Magazine, no. 9/2006, p. 85

To continue reading

REQUEST YOUR TRIAL