Parliamentary responsibility under the conditions of the contemporary rule of law
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StatusThe thesis was presented on the 19 March, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.Abstract – 0.64 Mb / in romanian – 0.83 Mb / in englishThesisCZU 342.533:342.531.4(478)(043.2)
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Keywords
parliament, deputy, representation, mandate, representative mandate, imperative mandate, the responsibility of the public power, the liability of the state, political responsibility, legal liability, constitutional liability, parliamentary responsibility, dissolution, lifting the mandate, termination of the mandate, the criminal liability of the deputy, parliamentary immunity, parliamentary inviolabilitySummary
Structure of the thesis: introduction, five chapters, general conclusions and recommendations, bibliography of 344 titles, 175 pages of scientific text. The scientific results are published in 25 scientific papers.
Field of study: constitutional law, parliamentary law.
The purpose of the paper is to study the forms of liability of the Parliament and the deputy in order to substantiate the theory of parliamentary responsibility, starting from the theory of responsibility of the public power and of the theory of representation, as well as the elucidation of the theoretical-normative problems and the argumentation of appropriate solutions for optimizing the legislation in the field.
Objectives of the research: evaluating and assessing the degree of theoretical research of the issue of parliamentary responsibility in the context of public power responsibility and outlining its main directions of research; analyzing the theory of public power responsibility in order to elucidate the forms of liability of the state and its authorities; analysis of the representation theory in order to outline the constitutional status of the Parliament and the representative essence of the parliamentary mandate, a theory that represents a determinant of the essence of the parliamentary institution and of the limits of parliamentary responsibility; identifying and analyzing the forms of liability that Parliament is liable to as a collective subject of law; identifying and analyzing the forms of liability that parliamentarians are liable to, including in the light of parliamentary immunity and inviolability.
The scientific novelty and originality of the paper is reflected in the proposal of a distinct vision on the concept / conception of parliamentary responsibility (approached in doctrine in different acceptances), as well as on the forms of responsibility which Parliament and its members are liable to. In particular, it is argued the need to recognize parliamentary responsibility as a distinct branch institution similar to ministerial responsibility.
The obtained results that contribute to the solution of an important scientific problem reside in the foundation of the theory of parliamentary responsibility, which allowed to clarify the forms of liability of the Parliament and the deputies, as an indispensable moment for the creation of the theoretical base necessary to optimize the legislation in the field and the mechanism of its application.
Theoretical significance: The results of the investigations carried out are beneficial to the continuous development of the theory of constitutional law and parliamentary law regarding the accountability of the supreme legislative authority of the state. The thesis is a monographic source for researchers in the fields of public law, concerned about the issue of responsibility of the state and its authorities, especially of the concrete forms of legal liability of the Parliament and the deputies.
Application value of the paper. The obtained results can serve as indicative landmarks in the subsequent research of the problem approached, as well as in the didactic process as the theoretical support in the specialized courses.
Implementation of scientific results. The obtained results can be used to review the
legislation in the field, including at the constitutional level, as well as to optimize the mechanism
of liability of the supreme legislative forum and its members.
Oficial Reviewers
- Mihail Bârgău
doctor habilitat, professor - Veaceslav Zaporojan
doctor, associate professor (docent), Moldova State University - Ion Guceac
doctor habilitat, professor, Moldova State University
Council's Members
- Alexandru Arseni, president
doctor habilitat, professor, Moldova State University - Ion Guceac,
doctor habilitat, professor, Moldova State University - Mihail Bârgău,
doctor habilitat, professor - Veaceslav Zaporojan,
doctor, associate professor (docent), Moldova State University - Gheorghe Costachi,
doctor habilitat, professor, Institute of History of the ASM - Silvia Goriuc, secretary
doctor, associate professor (docent)
Theses
Under consideration [1] :
- Constitutional guarantees of the right to a fair trial
31 July, 2020
Theses Archive:
