Danubius International Conferences, 12th International Conference on European Integration - Realities and Perspectives

Considerations on the Legal Regime Applicable to the Romanian Government Ordinances

Vasilica Negruț
Last modified: 2017-04-03


In preparing the current article we have started from the facts established by the adoption by the Government Emergency Ordinance no. 13/2017 amending and supplementing Law no. 286/2009 on the Criminal Code and Law no. 135/2010 on the Code of Criminal Procedure. The Romanian Constitution amended in 2003, in Article 115 par. (1) provides that the Government, the executive authority issues orders under a special  law of habilitation, in areas that are not covered by the organic laws. Also, the Government may adopt emergency ordinances “only in exceptional cases, the regulation of which cannot be postponed, having the obligation to motivate the urgency in their content” (art. 115, par. (4) of the Constitution). Among the objectives of this work we have aimed to clarify some aspects referring: the specifics of government ordinances (simple and emergency ordinances); their legal effects; the legislative delegation; control of constitutionality. To this end, we have analyzed the acts that refer to this field, the doctrine and jurisprudence. Finally, after examining and empirical research, the paper details the general conclusions on the legal regime applicable to the ordinances of the Romanian Government.