DISCUSSIONS REGARDING A POSSIBLE GOVERNMENT GUARDIANSHIP CONTROL OVER ADMINISTRATIVE ACTS
The Government, as an emblematic and fundamental exponent of executive power within the framework of the rule of law, alongside the President of Romania, constitutes a determinant structure of representative democracy. It is the result of the Parliament's act of choice, as the supreme represe...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2024-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_027.pdf |
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| Summary: | The Government, as an emblematic and fundamental exponent of executive power within the framework of the rule of law, alongside the President of Romania, constitutes a determinant structure of representative democracy. It is the result of the Parliament's act of choice, as the supreme representative body of the Romanian people and the sole legislative body in the state. Considering this prestigious DNA inherited by the Government, combined with the fundamental role played by this essential administrative authority in executing and organising the activities of all public institutions in Romania, it follows that it assumes a responsibility for coordination and administrative patronage over all state authorities, regardless of the level at which they operate, whether at the central or local level, and regardless of their intrinsic functionality. In this sense, the Government must be recognized with a series of attributions for harmonisation, elaboration of strategic policies, verification, and taking of necessary measures to complete the governance program to which the Cabinet has committed, whose component elements presuppose a political and institutional strategic function from the Government's part. Only in this way can the achievement of all levels of social, economic, educational, military, investment, etc., development targeted by the Government's activity be ensured. However, one of the fundamental questions that arises in this context is whether the Government can be recognized, within the current legislative and jurisprudential framework, with a competence to verify the legality of administrative acts issued/adopted by various state authorities and institutions, which are in various legal relationships with the Government. Therefore, it is to be discussed whether the general control role exercised by the Cabinet over administrative activities in Romania, on various levels of their manifestation, as well as the functions of strategy, coordination, implementation, regulation, representation, and coherent administration of the country, can be objectified even in a legal authorization of legality control that this executive organ can justify at some point in the society's development and the manifestation of social relations, in an increasingly accelerated dynamism. Although the vocation of coordination that the Government can exercise within a representative democracy can be admitted in principle, where the Cabinet is called upon to realise a strategic policy and vision regarding the country's development and all its institutions, the requirement of the incidence of essential and sufficient guarantees must also be considered to ensure the balance of powers in the state and the democratic evolution of state institutions. Hence, a series of elements must be considered to ensure a minimum institutional and legislative coherence, which guarantees the correct and predictive functioning of all state institutions, as well as a coherent and correct coordination by the Government over administrative activity in Romania. This objective involves a systematic analysis of the domestic normative framework and the identification of elements relevant to the domain subject to analysis through this legal initiative. |
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| ISSN: | 2068-7796 |