The Status of the Members of Parliament in Relationship With the Legal And Ethical Norms

Authors

  • Gabriela NEMTOI Associate. Prof. PhD, ’’Ștefan cel Mare” University of Suceava
  • Oana NESTERIUC Lecturer. PhD., ’’Ștefan cel Mare” University of Suceava

Keywords:

Mandate, member of Parliament, constitutional, subject of law.

Abstract

The notion of mandate was initially established and judicially formulated in terms of the private law. Thus, the public law uses the word mandate in the sense of a special delegated power given to a subject of law based on an official procedure which serves as a basis for exercising his authority prerogatives in order to fulfil certain general duties.As part of the constitutional law, the notion of mandate is used in several texts such as section 63 the 1st, the 2nd and the 4th paragraphs; section 69; section 70 the 1st paragraph; section 72 the 1st paragraph; section 81the 4th paragraph; section 82; section 83; section 84 the 1st paragraph; section 104 the 2nd paragraph; section 110. However, in spite of the fact that there is a fairly extensive judicial framework that specifies the mandatary’s conduct, namely the quality of the members of Parliament, the debating issue refers to whether this framework is specifically deliniated in itself. Based on this approach, we will attempt to clarify whether the conduct of the members of Parliament is restrained solely by legal norms or whether their actions are influenced by their ethical actions.

References

Vedinaş V. The Ethics of the Public Life. Bucharest, România: Universul Juridic; 2007.

Deleanu I. Constitutional Organizations and Procedures. Bucharest, Romania: C.H.Beck; 2006.

Ionescu C. Compendium of Contemporary Constitutional Law, 2nd edition. Bucharet, Romania: C.H. Beck; 2014.

Sandu A, Ignatescu C. Retributivity and Public Perception on the NonCustodial Sanctions. Revista Romaneasca pentru Educatie Multidimensionala; 2017, 9(3), 103-128.

Law no. 96/2006 regarding the status of deputies and senators that was republished based on the 5th section of Law no. 357/2015 supplementing Law no. 96/2006 published in Romania’s Official Journal, 1st Part , No. 975 of December 29th, 2015.

Section 209 of the Regulation of the House of Representatives and section 194 of the Senate’s Regulation.

Drăganu T. Constitutional Law and Political Organizations, 2nd Vol. Bucharest, Romania: Lumina; 2000.

Deleanu I. Organizations and Constitutional Procedures. Arad: Servo-dat Publishing-house; 1998.

Muraru I, Constantinescu M. Romanian Parliamentary Law. Bucharest, România: All Beck; 2005.

Tănăsescu ES. Liability within the Constitutional Law. Bucharest, România: C.H. Beck; 2006

Law no. 188/1999 regarding the status of the civil servants; Law no. 35/1997 regarding the organisation and operation of the Ombudsman’s institution; the Competition Act no. 21/1996; Law no. 80/1995 regarding the status of the military personnel; Law no. 73/1993 regarding the establishment, setup and functioning of the Legislative Council; Law no. 47/1992 regarding the setup and functioning of the Constitutional Court; Law no. 215/2001 regarding the local public administration.

Downloads

Published

2019-12-11

How to Cite

NEMTOI, G., & NESTERIUC, O. (2019). The Status of the Members of Parliament in Relationship With the Legal And Ethical Norms. European Journal of Law and Public Administration, 6(2), 245-253. Retrieved from https://lumenpublishing.com/journals/index.php/ejlpa/article/view/2347

Most read articles by the same author(s)

1 2 3 > >>