Ministerial liability in the romanian constitutional system

Author:Nicolae Pavel
Position:PhD, Lecturer, Constitutional Law and Political Institutions, Bucharest Law and Public Administration Department, 'Spiru Haret' University, Bucharest
Pages:85-97
SUMMARY

What seems relevant to us for highlighting in this study is the approach of the ministerial liability within the Romanian constitutional and legal system starting with the first document of constitutional value, namely the Developing Statute of the Paris Convention of 1858 until today,that is the Constitution of Romania, revised in 2003 and republished. Having in view that this is a generous... (see full summary)

 
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LESIJ NO. XX, VOL. 2/2013
MINISTERIAL LIABILITY
IN THE ROMANIAN CONSTITUTIONAL SYSTEM
Nicolae PAVEL*
Abstract
What seems relevant to us for highlighting in this study is the approach of the ministerial liability
within the Romanian constitutional and legal system starting with the first document of constitutional value,
namely the Developing Statute of the Par is Convention of 1858 until today,that is the Constitution of
Romania, revised in 2003 and r epublished. Having in view that this is a generous study topic covering over
150 years of constitutiona l and legal evolution of ministerial lia bility in Romania, it is necessary to specify
from the very beginning the need of a diachronic appr oach of this topic by identifying a ll Romanian
Constitutions that have regula ted the constitutional system during this period o f time. Moreover, we have to
specify that, during this per iod of time, Romania has experienced several forms of governance, namely
monarchy, people’s republic, socialist republic and semi-presidential republic. With this appr oach, the
proposed study opens a complex and complete yet not exhaustive vision in the current scope of the ministerial
liability. It is also the reason why the study begins with preliminary considera tions in which the terminology
used in the content of the study is justified. Following a key-scheme, there are successively examined the two
major par ts of the study, namely the general theor y regarding the concepts of ministerial r esponsibility and
liability and the Romanian constitutional, legal a nd doctrinaire milestones of the ministerial lia bility.
Keywords: liability, responsibility, constitution, statute, monar chy, republic.
1. Introduction
The object of the scientific undertaking shall be circumscribed to the scientific analysis of
its two major parts, namely: 1. responsib ility and liability the general theory; 2. Romanian
constitutional, legal and doctrinaire milestones of the ministerial liability, which cover, in a
doctrinaire, con stitutional and legal approach, the scope of the study regarding the ministerial
liability within the Romanian constitutional system.
In our opinion, the f ield under analysis is important for the constitutional doctrine, for the
doctrine of Administrative Law and for the general theories of Law, because with this scientific
undertaking, we intend to establish, through a diachronic and selective approach, a complex and
complete yet not exhaustive reflection of the entire current scope of the ministerial liability. In
order to entirely yet not exhaustively cover the scope of study, the relevant preliminary
specifications shall be followed by the theorisation of the concepts of liability and respon sibility
from the point of view of the doctrines of the general theory of Law. This topic of the ministerial
liability has been addressed in accordance with a logical scheme of the analysis of the
contributions of Romanian and foreign authors in the field of the general theory of Law and with
the contribution o f the author and of other authors to the theorisation of the ministerial liability
starting with the first document of constitutional value of 1858 until today.
From the point of view of the in tegral yet not exhaustive coverage of the scope of
ministerial liability, a logical scheme has been introduced, regarding the diachronic and selective
approach of the evolution of constitutional regulations on ministerial liability, including the
indication of government forms specific to the Romanian State for each Constitution enacted in
accordance with the particularities of each form of governance.
* PhD, Lecturer, Constitutional Law and Political Institutions, Bucharest Law and Public Administration
Department, Spiru Haret University, Bucharest (e-mail: nicolaepavel0@yahoo.com).

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