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Parliamentary responsibility under the conditions of the contemporary rule of law


Author: Micu Victor
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:2021
Scientific adviser: Gheorghe Costachi
doctor habilitat, professor, Institute of History of the ASM
Institution: Moldova State University

Status

Term of presenting of the thesis 19 March, 2021

Abstract

Adobe PDF document0.64 Mb / in romanian
Adobe PDF document0.83 Mb / in english

Thesis

CZU 342.533:342.531.4(478)(043.2)

Adobe PDF document 2.39 Mb / in romanian
198 pages


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 inviolability

Summary

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.