Executive powers in relations with the parliament. Part I

• Author: Oana Saramet
• Position: Faculty of Law, Department of Law Transilvania University of Brasov, Brasov, Romania
• Pages: 69-77

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2015), pp. 69-77

69

EXECUTIVE POWERS IN RELATIONS WITH THE PARLIAMENT.

PART I

O. ŞARAMET

Oana Şaramet

Faculty of Law, Department of Law

Transilvania University of Braşov, Braşov, Romania

*Correspondence: Oana Şaramet, Transilvania University of Braşov,

Eroilor Boulevard no.25, Braşov, România

E-mail: oana_saramet_2005@yahoo.com

Abstract: By art. 1 para. (4), Romanian Constitution, republished, enshrined the

principle of separation and balance of powers. Therefore, this principle implies the existence

of collaboration but also of a mutual control between these powers, including between the

legislative and executive power, thus being expressed the balance between these two powers.

By constitutional established powers, the two central authorities of the executive power - the

President of Romania and the Government - will participate at the observance and

application of this principle, including by those duties they perform in their relations with the

legislative power.

Keywords: head of state, legislative power, convening, dissolution, messages,

promulgation

Introduction

Based on the constitutional provisions in force, we can identify two functions of the

Romanian executive, namely the executive one and the administrative one. In our view, the

determination of the powers which enable fulfilling these functions it is possible by reporting

to the executive structures and, therefore, the specific functions of each of them. Motivation

of this allegation is that the powers enshrined in the constitution and laws in the task of these

structures, in fact represents their competence, namely of the head of state - the president or

monarch, and of the government. So we appreciate as difficult, if not impossible, to talk about

the competence of the executive as stand-alone entity, more so as most contemporary

constitutional systems have established a dualist executive and not a monocratic one.

Convening of Parliament

1

According to Article 63 para (3) of our Constitution, republished, the newly elected

Parliament convened by the President of Romania, within 20 days from the election

2

, but also

in his request, the Chamber of Deputies and the Senate can also meet in special sessions.

1

See O. Şaramet, "Powers of the Romanian President in relations with Parliament. Convening and dissolution of

Parliament" in I. Boldea, coo rdinator, Debates on globalization. approaching national identity through

intercultural dialogue. Studies and article. Sec tion: Social studies, " Arhipelag Press XXI", Târgu-Mureş, 2015,

pag. 721-729.