The Government's Assumption of Responsibility—A Shaky Bridge Between the Two Palaces?
The article titled “Government Liability—The Shaky Bridge Between the Two Palaces?,” written by Victor-Andrei Căzăceanu, a student at the Faculty of Law of the University of Bucharest.
Given the upward trend in the use of the Government’s assumption of responsibility since 2025, the author believes that an analysis of this atypical method of lawmaking is timely. Thus, the article includes an analysis of the relevant legal framework and constitutional case law, statistics on the 38 instances in which the government assumed responsibility for draft laws, as well as a brief overview of similar legal frameworks in other legal systems.
The conclusion of the research points to a potential revision of Article 114 of the Constitution, aimed at establishing limits—both regarding the scope of social relations for which the Government may invoke its responsibility and the frequency with which the executive branch may resort to this constitutional procedure. In addition to these limits, the author concludes that, alongside the institution’s existing subjects—namely, the program, the general policy statement, and the draft law—the groundwork can be laid for a new subject—the legislative package—so that the mechanism can be perfected.
Keywords: legislative-executive relations; parliamentary law; exceptional legislative procedure; comparative law; separation and balance of powers.