European Integration - Realities and Perspectives. Proceedings 2017
Considerations on the Legal Regime Applicable to the Romanian
Abstract: In preparing the current article we have started from the facts established by the adoption b y the
Government Emergency Ordinance no . 13/2017 amending and supplementing Law no. 286/2009 on the
Criminal Code and Law no. 135/2010 on the Code of Criminal Procedure. The Romanian Constitution amended
in 2003, in Article 115 par. (1), provides that the Government, the executive authority issues orders under a
special law of habilitation, in areas that are not covered by the organic laws. Also, the Government may adopt
emergency ordinances “only in exceptional cases, the regulation of which cannot be postponed, having the
obligation to motivate the urgency in their content” (art. 115, par. (4) of the Constitution). Among the objectives
of this work we have aimed to clarify some aspects referring: the specifics of government ordin ances (simple
and emergency ordinances); their legal effects; the legislative delegation; control of constitutionality. To this
end, we have analyzed the acts that refer to this field, the doctrine and jurisprudence. Finally, after examining
and empirical research, the paper details the general conclusions on the legal regime applicable to the
ordinances of the Romanian Government.
Keywords: ordinances; emergency ordinances; legislative delegation, legal regime, constitutionality control
1. Context of Development
In the elaboration of this article we have started from the factual situation created by the Government's
adoption of the Emergency Ordinance no. 13/2017 for amending and completing the Law no. 286/2009
on the Criminal Code and Law no. 135/2010 on the Code of Criminal Procedure, abrogated shortly by
the Emergency Ordinance no. 14/2017. The enactment of this normative act has generated countless
interpretations of some legal institutions regulated by the amended normative acts, especially the job
abuse (article 297 of the Criminal Code), but also street protests, considering that the adoption of an
emergency ordinance for the modification of the two codes, since, by adopting it, only the harmonization
with decisions passed prior to the adoption by the Constitutional Court of Romania was envisaged.
2. The Constitutional Regime of Ordinances and Emergency Ordinances
The matter is represented by art. 108 of the revised Constitution and article 115 devoted to legislative
According to the doctrine, the Constitution has opted for the term of ordinance in order to identify the
normative act by which the Government carries out the legislative delegation (Apostol Tofan, 2014, p.
237), seen as a way of its participation in the exercise of legislative power. In our constitutional system,
1 Professor, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654, Romania,
Tel.: +40372361102, Corresponding author: firstname.lastname@example.org.