2021

Vasile ŢIPLE, Legal Director UiPath, PhD., The Inadmissibility of Certain Legislative Initiatives

DOI: https://www.doi.org/10.31178/AUBD.2021.16

Abstract: This paper will analyze the right to association and the limits of the exercise of the legislative function in the Romanian Parliament, including the difference in legal treatment applied to the legislative initiatives of the citizens versus those of parliamentarians. Also, the subject of the inadmissibility of the legislative initiatives in the fields regulated by art. 152 of the Constitution, the need to extend the category of persons who can exercise the right to refer a matter to the Constitutional Court, as well as the obligation of the Constitutional Court to carry out ex officio constitutionality checks for initiatives aimed at de facto and de jure revision of the Constitution. The final part is dedicated to the principle of subsidiarity, as well as to the way in which certain provisions of international law frequently invoked in the field of protection of national minorities and justification of territorial autonomy, have already been transposed into the Romanian legal order.

Keywords: right of association, legislative initiative, inadmissibility, legislation, Constitution, principle of subsidiarity, Constitutional Court, autonomy, European Union, national minorities, self-determination, collective rights, administration, European Charter of Local Self-Government, Administrative Code.


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