Revista Transilvană de Ştiinţe Administrative (Jun 2012)
Rolul Parlamentului şi al Preşedintelui României în procedura învestiturii Guvernului şi a numirii miniştrilor. Dezvoltări în jurisprudenţa Curţii Constituţionale a României
Abstract
Based on findings that, in relation to the generality of constitutional norms establishing the legal regime of constitutional nature of Government’s investiture and Ministers’ appointment, a clearer delineation of procedural rules and of the powers of public authorities involved in the mentioned procedures is needed, and given that the case-law of the Constitutional Court of Romania has made important clarifications in this regard, this study provides a summary of the main issues regarding the powers and the role of the President and Parliament in the procedure of investiture of the Government. Also, the article analyses the parliamentary mechanisms this procedure triggers, the correlative rights and obligations of the President and of the Prime Minister in the procedure of appointment of Ministers in event of Government reshuffle or vacancy of office, respectively the distinction between the constitutional framework applicable to Government’s investiture and Ministers’ appointment in relation to the constitutional framework applicable to Interim Ministers’ appointment. The conclusions bring forward a principle enshrined recently in the caselaw of the Constitutional Court – that of constitutional loyalty – principle that should govern the activity of public authorities, as well as the role of this Court as positive co-legislator, examined in the light of its decisions’ effects, enshrined in the provisions of the Constitution.
