150 Lex ET Scientia. Juridical Series
LESIJ NO. XIX, VOL. 2/2012
specific means, the legislative authority exercises influence on the Government and the public
administration, but also on chief of state, pursuing the general interests of the society.
Even if there are very clear and precise provisions in the Romanian Constitution and other
laws, in practice things are very often different and this study aims to underline these aspects taking
into account the latest approaches and developments, identifying the slippages also targeting to put
forward proposals for future amendments of the actual legislation.
1. Evolution of the parliamentary oversight concept
The Parliament, „the supreme representative body of the Romanian people and the sole
legislative authority of the country”2, is composed of the Chamber of Deputies and Senate, elected by
universal, equal, direct, secret and freely expressed vote according to the electoral rules, each of them
having different duties.
Professor Ioan Muraru identifies six tasks for the Parliament3:
a) adoption of laws;
b) establishment of the socio-economic, cultural, state and legal guidelines;
c) election, appointment or removal of some state authorities;
d) parliamentary oversight;
e) executive board in foreign politics;
f) own organization and operation.
The occurrence of the parliamentary control concept was born long time before the
development of modern political parties. Etymologically, the word control comes from the old
French, contreroller, undertaken from the mediaeval Latin word contrarotulare (to check by
registering in a second register). In English, scrutiny is used for defining this concept, undertaken
also from the French word scrutin, which comes from the Latin word scrutinium – exam and the verb
scrutari – to search, to look over.
Adopted by the French National Assembly on the 26th of August 1798, the Bill of Human
Rights and Citizens set at the art. 14 and 154 the principle of the governors’ accountability to people,
principle developed subsequently by the French Constitution from 1791, Title III About public
powers: „ministers are liable for all the crimes perpetrated by them against national security and
meanwhile the regulatory power has the authority to prosecute ministers and main
agents of the executive body before the High National Court.
In our country, as well as in the other European ones, the transparency of the scrutiny
(parliamentary control concept) can’t have its origins but in the constitutional provisions, proceeding
from the competencies assigned to the state institutions and their inter-relations on the state power
Once the state power separation principle has been established in the Constitution, we can
analyze the existence, size and forms of the parliamentary control within that period of time.
2 Art. 61 of the Romanian Constitution
3 Ioan Muraru, Simina Tnsescu, Constitutional Law and Politica l Institutions, C.H.Beck Publishing House,
Bucharest, 2009, p 154
4 The citizens have the right to find out by themselves or by their representatives, the necessity of the public
contribution and to willingly accept it, to follow its destination, to establish its quantum, bases, perception and time.
The society has the right to take a public officer to task for the way he/she meet his/her duties.