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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