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Legislative process: national regulations and aspects of comparative law.


Author: Arnăut Veronica
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
Year:2019
Scientific adviser: Gheorghe Costachi
doctor habilitat, professor, Institute of History of the ASM
Institution:

Status

The thesis was presented on the 25 April, 2019 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.53 Mb / in romanian

Thesis

CZU 0040.134:340.137(478)(043.2)

Adobe PDF document 1.49 Mb / in romanian
151 pages


Keywords

law, legislation, legislative competence, legislative function, legislative process, legislative procedure, parliament, stages of the legislative process, legislative initiative, promulgation

Summary

SUMMARY Structure of the thesis: introduction, three chapters, general conclusions and recommendations, bibliography of 256 titles, 122 pages of scientific text. The scientific results are published in 9 scientific papers.

Field of study: constitutional law.

The purpose and objectives of the thesis. The purpose of the thesis resides in carrying out the in -depth scientific research in order to scientifically substantiate the legal regulation of the legislative process in the Republic of Moldova, identifying its particularities, optimizing, streamlinning and harmonizing it according to European and international standards. In order to achieve this purpose, the following research targets were drawn: to analyze the lawmaking and legislative function of the state and to highlight the role of Parliament in their achievement; to examine the legislative function and legislative power of Parliament in order to draw the difference between them and identify their limits; to define the categories of legislative process and legislative procedure in order to highlight their essence and particularity that delimits them; to investigate the principles that rule the matter of lawmaking in order to emphasize their role in ensuring the quality of the legislative process; to analyze the stage of the legislative process in different legal systems in order to identify the main stages of the process; to identify the content and procedures involved in the pre-parliamentary, parliamentary and post-parliamentary stage of the legislative process.

The scientific novelty of the obtained results. Scientific originality is due to the complex scientific researches expressly devoted to the regulation of the legislative process and to the generalization of doctrinal visions, argumentation of the author's position on the most important aspects of this issue. The scientific novelty of the research results lies in: delimitation of the categories of legislative function and the legislative competence of the Parliament; the clear demarcation between the legislative process and the legislative procedure; elucidation of the differences in the legislative process in Republic of Moldova from other countries' s good practices in the field; identification of the stages of the legislative process, including legislative procedures. The innovative elements contain the author’s recommendations regarding the establishment in the Constitution of the Republic of Moldova and other laws of the provisions on: ensurance for the citizens right to get involved in the legislative process through the institution of the legislative initiative, including the optimized revision of the Constitution; notification by the Parliament of all subjects entitled to refer the Constitutional Court to the availability of the law text, signed by the President of Parliament in order to verify its constitutionality; promulgation, by Parliament’s decision, of the reviewed and adopted by the Parliament law, in case if it has not been repeatedly promulgated by the President of the Republic of Moldova; conditionality on the number of projects for which the Government can assume its accountability in front of Parliament by: the project’s urgent nature, the regulation of relationships from the same field of activity, the establishment of legal provisions for the immediate enforcement and protection or achievement of the public interest.

The important scientific problem solved resides in the scientific substantiation of the legislative process in Republic of Moldova, by the competences argumentation in the field, the stages and the procedures involved, which allowes to know its particularities and to propose solutions in order to optimize, streamline and harmonize the legislative process to European and international standarts.

Theoretical significance. The results of the investigations carried aut, are beneficial to the continuous development of the theory of constitutional law regards lawmaking and legislative process, can serve as theoretical references in the subsequent scientific research of the legislative process, as well as in the didactic process as theoretical support within the disciplines: constitutional law and parliamentary law.

Application value of the paper. The research results can contribute to the development of new investigations in the fields of public law, in particular to the quality of the law and the legislative process, to the state’s and Parliament’s legislative function, to the authorities cooperation within the legislative process. The practical value of the paper is also determined by the practical applicability of the proposals for amending and supplementing the Constitution of the Republic of Moldova, the Law on the Adoption of the Parliament's Rules of Procedure, the Law on Publication and Entry into Force of Official Documents, and other related normative acts. Proposals for the „lex ferenda” might be taken in consideration by public authorities in order to improve the regulation of the legislative process.

Implementation of scientific results. The results obtained can be used for the review of the legislation in the field, including the one at constitutional level, to optimize Parliament's legislative work, and to streamline the legislative process. The Law Faculty of the Free International University of Moldova uses the scientific results obtained within the research in the teaching process of the course „Constitutional Law of the Republic of Moldova".