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The Constitutional regulation of legislative delegation in Republic of Moldova and Romania (comparative-legal analysis)

Author: Lungeanu Neculai
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Scientific adviser: Victor Balmuş
doctor habilitat, professor, Institute of History of the ASM
Scientific council:


The thesis was presented on the 28 August, 2009
Approved by NCAA on the 5 November, 2009


Adobe PDF document0.34 Mb / in romanian


The Constitution, a legislature, legislative function, legislative process, acts, certificates of subordinates to the law, delegation, the delegate, process of legislative delegation, the legislative delegation, the delegated legislation; the special law about abilitating; statutory acts with force of the law, decrees-laws, ordinances, urgent ordinances


The dissertation represents a comparative-legal analysis of the practical and theoretical aspects of legislative delegation, regulated by constitutional norms of Republic Moldova, Romania and other states, arguing of ways of development of the legislation in the given area.

The author has directed efforts of research to the general theoretical analysis of legislative delegation as to legislative activity and the importance of the given concept; identification of essence of institute of legislative delegation; definitions of circumstances of legislative delegation’s occurrence from the point of view of historical experience; the comparative-legal analysis of institute of legislative delegation of the different states of the world, Republic Moldova and Romania; classification of legislative delegation’s methods; scientific research of process of legislative delegation and correlation with acts; consideration of theoretical aspects and features of certificates of legislative delegation and-or maintenance of the control over legislative activity of the Government; consideration of features of legislative delegation in the states of Westminster model and continental model; arguing of conclusions and offers of improvement of institute of legislative delegation in the modern period with the purpose of acceptance or refusal of experience of the foreign states in the given area.

Scientific novelty of the results received by the author consists in the development of new conceptual definition of legislative delegation; arguments of legislative delegation’s conformity to a principle of division of authority in the state; revealing of lacks of existing classification of legislative delegation’s methods and the offer of a new variant of this classification; definition of features and the general features of legislative delegation’s acts with a validity of the law and statutory acts of subordinated to the law; revealing of legislative delegation’s phases: initiation and definitions of conditions, including firmness of application of a principle of authorities’ division in the state; acceptance of the certificate about legislative delegation; acceptance of the legislative delegation’s act, the statement and the control of legislative delegation’s act with a legal layer of the law; comparative-legal and revealing of features of process of legislative delegation: on Westminster models and continental model; development of offers de lege ferenda on improvement of institute of legislative delegation in Republic Moldova and Romania in modern conditions.