Reflections on the Petition Right Juridical Warranty in the Romanian Constitutional Law Doctrine

• Author: Catalin-Radu Pavel
• Pages: 62-67

European Integration - Realities and Perspectives. Proceedings 2018

62

Reflections on the Petition Right Juridical Warranty in the Romanian

Constitutional Law Doctrine

Cătălin-Radu Pavel1

Abstract: The petition right, as a fundamental right of the Romanian citizen has the character of juridical

warranty because this right is guaranteed by the Constitution and al so is a substantive law. By granting the

petition right is assuring a good administration of the state in the citizens’ favor. The aims and the objectives

of the present research is to present the fundamental petition right of t he Romanian citizen at the doctrine

level and the characteristics of this guarantee right. Regarding the prior work, the analyses conducted so far

have dealt less frequently wit h the topic approached here. The approach used in the present study was to

analyze the Romanian constitutional doctrine. The results of the pr esent study ar e important t o the social

society because it makes the correlation between the petition right and the good administration. The paper is

original and it brings value from the perspective of the granting the right to petition at a constitutional level

which ensures the protection of the citizens in relation with the public authorities and also to other rights,

liberties and citizen interests, thus ensuring a good administration of the State to the benefit of its citizens.

Keywords: petition right; good administration; guarantees rights; Romanian constitution; protection of

citizens;

1. Introduction

In the present context of a democratic society, we have considered that the aspects approached by this

research were particularly important given the society’s inclination towards a continuous improvement

of its administration, the citizens’ aspirations to improve the quality of life and the relation with the

public authorities, the need for public safety and security and the need to grant the fundamental citizen

rights in a constitutional state.

The doctrine considers the right of petition a guarantee which ensures the accomplishment of the other

fundamental citizen rights and freedoms.

Being a subjective right, the right of petition provides a juridical warranty, since it benefits, on one

hand from the systems granting the constitutional rule and, on the other, from the juridical warranty of

a subjective right.

1 PhD Candidate, Attorney at Law at the Bucharest Bar, Address: Părintele Galeriu Street, No 6C, 020762, Distri ct 2,

Bucharest, Romania, Tel.: 0040732775522, Corresponding author: radu.pavel@avocatpavel.ro