2014RePEc: Research Papers in EconomicsOpen access

PROTECTION AND PROMOTION OF HUMAN RIGHTS BY THE EXECUTIVE AUTHORITY

Isabela Stancea

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Abstract

In the Romanian constitutional system, the President of Romania belongs to the executive power, along with the Government, institutionalizing thus the dualist model of organizing the executive power. Therefore, it results that the two state authorities that are responsible, according to the Constitution, for the executive power in a balanced manner, are the President of Romania and the Government. However, unlike the government, the President’s executive role is more attenuated, the other dimensions of its constitutional status being more important. In our scientific approach, we have analyzed only the institution of the head of the State as part of the executive power and we have emphasized the need to adopt a law that would give more freedom of action and several prerogatives to the President, even the right of legislative initiative. In this normative document, we consider that we should change the conditions that must be fulfilled by a candidate for the position of President of Romania, meaning the introduction of the condition that he should have a degree in law, taking into consideration that, by virtue of his prerogatives, he participates in the legislative process through the promulgation of the laws received from the Parliament. We have analyzed the institution of the President of Romania, highlighting its dependence on the Prime Minister, but also that in all he undertakes, the President is supervised or collaborates with other institutions.

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In the Romanian constitutional system, the President of Romania belongs to the executive power, along with the Government, institutionalizing thus the dualist model of organizing the executive power. Therefore, it results that the two state authorities that are responsible, according to the Constitution, for the executive power in a balanced manner, are the President of Romania and the Government. However, unlike the government, the President’s executive role is more attenuated, the other dimensions of its constitutional status being more important. In our scientific approach, we have analyzed only the institution of the head of the State as part of the executive power and we have emphasized the need to adopt a law that would give more freedom of action and several prerogatives to the President, even the right of legislative initiative. In this normative document, we consider that we should change the conditions that must be fulfilled by a candidate for the position of President of Romania, meaning the introduction of the condition that he should have a degree in law, taking into consideration that, by virtue of his prerogatives, he participates in the legislative process through the promulgation of the laws received from the Parliament. We have analyzed the institution of the President of Romania, highlighting its dependence on the Prime Minister, but also that in all he undertakes, the President is supervised or collaborates with other institutions.

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Available abstract

In the Romanian constitutional system, the President of Romania belongs to the executive power, along with the Government, institutionalizing thus the dualist model of organizing the executive power. Therefore, it results that the two state authorities that are responsible, according to the Constitution, for the executive power in a balanced manner, are the President of Romania and the Government. However, unlike the government, the President’s executive role is more attenuated, the other dimensions of its constitutional status being more important. In our scientific approach, we have analyzed only the institution of the head of the State as part of the executive power and we have emphasized the need to adopt a law that would give more freedom of action and several prerogatives to the President, even the right of legislative initiative. In this normative document, we consider that we should change the conditions that must be fulfilled by a candidate for the position of President of Romania, meaning the introduction of the condition that he should have a degree in law, taking into consideration that, by virtue of his prerogatives, he participates in the legislative process through the promulgation of the laws received from the Parliament. We have analyzed the institution of the President of Romania, highlighting its dependence on the Prime Minister, but also that in all he undertakes, the President is supervised or collaborates with other institutions.

Key concepts: Constitution, Parliament, Political science, Law, Legislature, State (computer science), Promulgation, Institution

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