Shortcomings of lawmaking process in Romania. Their influence on the rule of law

Author:Verginia Vedinas - Ioan Laure Ntiu Vedinas
Position:Member of the Romanian Academy of Scientists
Pages:134-140
SUMMARY

The study aims to analyze the main shortcomings that are found in lawmaking process in Romania. It will be structured in four sections, in which will be addressed, in succession, the requirements drawn from constitutional regulations in matters of lawmaking process in Romania, then the rules and principles drawn from the legislation of rules regarding the legislative technique. Further, reporting ... (see full summary)

 
FREE EXCERPT
Shortcomings of lawmaking process in Romania.
Their influence on the rule of law
1
Professor Verginia VEDINAŞ
2
Ph.D. Ioan Laurenţiu VEDINAŞ
3
Abstrac t
The study aims to ana lyze th e main shortc omings t hat are found in lawmak ing
process in Romania. It will b e structured in four sections, i n which will b e addressed, in
successio n, the req uirements draw n from co nstitutio nal regula tions in ma tters of
lawmak ing process in Romani a, then the rules a nd principl es drawn from the legisl ation of
rules regarding the leg islative t echnique . Furt her, reportin g to the i deas expressed in t he
first two sec tions, there w ill b e hig hlighted the worst shortcomin gs, by the con tent an d
conseq uences, a nd i n th e last part o f the study wi ll be revealed t he negat ive effects the y
produ ce in t he rule of law an d, implicit ly, on b usinesses en vironment. Also , there wi ll be
outl ined severa l possible solu tions and rec ommenda tions that shoul d be cons idered in the
future.
Keywords: lawmak ing, constitut ional rules, legal pri nciples, shortco mings, rule of
law, effects, business enviro nment, law, types of law , legisl ative techn ique.
JEL Cla ssification: K10
1. Constitutional rules in matters of regulation
The Romanian Constitution, revised
4
and republished
5
states the
Parliament as being the sole legislative authority of the country
6
. This component
of its statute complements the first one mentioned by the constitutional text,
namely the supreme representative body of the Romanian people.
Both components must be explained by dialectics and their connection, one
deriving from the other and supporting it, equally, the other.
1
This art icle w as submitt ed to 6th International Conference “Perspectives of Bus iness Law in the
Third M illennium”, 25 -26 November 2016, t he Bucharest University of Economic Studies,
Bucharest, Romania.
2
Verginia Vedinaş - M ember of the Romanian Academy of Scientists , verginia.vedinas@rcc.ro
3
Ioan Laurenţiu Vedinaş, dodo_emre9@yahoo.com
4
The Romanian Const itution was revised by Law no.429 / 2003, p ublished in the Official Journal of
Romania, Part I, no. 758 of 29 October 2003/
5
Republication was made in the Official Journal of Romania, Part I, no. 767 of 31 October 2003.
6
By art. 61 that "(1) Parliament is the supreme representative body of the Romanian people and the
sole legislative authority of the country".

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