PART 1 (CHAPTER 2)

Question 1

Normative act

Answer 1

any decision that creates legal consequences for more than one individual

Question 2

Different types of normative acts

Answer 2

• Legislative acts (laws, decree-laws)
• Other normative acts (implementing decree, ordinance, regulation of local authorities)

Question 3

Hierarchy of laws

Answer 3

• Constitution holds the highest place in the hierarchy of laws
• Laws and decree-laws possess equal force
• if two laws are on the same level of importance, they can revoke each other (one can replace the other); if a new law is made to replace an older law on the same level, the new one takes over; a law on a lower level importance can’t cancel out a law on a higher level

Question 4

Legislative competence of the Government (Reserved)

Answer 4

only the Government can legislate on the organisation

Question 5

Legislative competence of the Government (Concurrent)

Answer 5

for all matters not specifically reserved for the Assembly, both the Government and Assembly can make laws

Question 6

Legislative competence of the Government (Subject to authorisation)

Answer 6

if the laws are under the Assembly’s authority, the Government can make laws about it only if its given permission by the Assembly

Question 7

Legislative competence of the Government (Complementary)

Answer 7

the Government can issue decree laws that develop on the main laws of the Parliament

Question 8

Legislative authorisations

Answer 8

laws under which the Assembly of the Republic authorises the Government to legislate

Question 9

General bases

Answer 9

laws that contains the fundamental principles of a legal regime and leave to the Government the development of such principles

Question 10

The Legislative Process

Answer 10

1. Drafting
2. Approval
3. Enactment
4. Publication
5. Entry into force

Question 11

Quorum

Answer 11

the minimum number of members of the Assembly of the Republic that have to be present so that they can vote

Question 12

Enactment

Answer 12

• each decree is signed by the President of the Assembly of the Republic, and then sent to the President of the Republic for enactment. Through the enactment, the President of the Republic solemnly recognizes the existence of the law, and orders compliance with it (if not enacted/signed, then it is considered legally nugatory)
• Enactment requires a counter-signature by the Government

Question 13

Veto

Answer 13

the president refusing to enact a decree, can result from legal grounds, unconstitutionality or from political reasons

Question 14

Veto based on political reasons

Answer 14

• the President must make a decision within 20 days for laws passed by the Parliament and 40 days for laws passed by the government.
• if the President chooses to veto, they must provide reasons and ask for the law to be reconsidered
• the Parliament can respond to the veto in several ways: do nothing, rewrite the problematic part, remove it, or confirm the law, if it chooses to confirm with a majority vote, the President must enact it within 8 days

Question 15

Veto based on unconstitutionality

Answer 15

if the Constitutional Court declares a part of a decree or international treaty unconstitutional, the President must veto it and send it back to the entity that passed it. The decree cannot become law unless the offending part is removed or unless it is confirmed by two-thirds majority vote. If confirmed, the President is not obligated to enact the law

Question 16

Publication

Answer 16

in order to be enforceable, laws must be published

Question 17

Entry into force

Answer 17

the moment the law starts to apply and have legal effect