Propuneri de revizuire a regimului constituțional al ordonanțelor de urgență

Emil BOC


Emergency ordinances are one of the most controversial issues in our political and constitutional system as the current constitutional stipulations are not able to stop the Governments’ abusive practice of passing this type of ordinances. During the 25 years of existence of the present Constitution, 2,850 emergency ordinances have been issued, an average of one emergency ordinance every three days. The exaggerated number of emergency ordinances affects the quality, the stability and the predictability of the legislative process, as well as the relation between the legislative power and the executive power. When revising the Constitution in 2003, new stipulations regarding the use of emergency ordinances have been introduced in order to limit the Governments’ discretionary practice, but they proved to be insufficient. Since the real emergency situations already have legislative solutions, on the occasion of a new revision of the Constitution, the emergency ordinances should either be removed from the Constitution (in correlation with the extension of the legal legislative delegation during the parliamentary sessions and the revision of the organic laws regime) or they should be maintained, subject to repeal if they are not converted into law within 60 days from their adoption (as in the Italian model). We support, with arguments, the first option of constitutional reform.

Cuvinte cheie

Constitution, emergency ordinances, Government, Parliament, legislative delegation, separation of powers.

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