2021

DOI: https://www.doi.org/10.31178/AUBD.2021.16

Abstract: This paper will analyze the right of association and the limits on the Romanian Parliament’s legislative function, including the difference in legal treatment applied to citizens’ initiatives versus those proposed by members of Parliament. It will also address the issue of the inadmissibility of legislative initiatives in areas regulated by Article 152 of the Constitution, the need to expand the group of individuals entitled to file petitions with the Constitutional Court, as well as the Constitutional Court’s obligation to conduct ex officio constitutionality reviews for initiatives that seek ade factoandde jurerevision of the Constitution. The final section is devoted to the principle of subsidiarity, as well as to the manner in which certain provisions of international law—frequently invoked in the context of the protection of national minorities and the justification of territorial autonomy—have already been transposed into Romania’s legal system. 

Keywords: right of association, legislative initiative, inadmissibility, lawmaking, Constitution, principle of subsidiarity, Constitutional Court, autonomy, European Union, national minorities, self-determination, collective rights, administration, European Charter of Local Self-Government, Administrative Code.