Responsabilitatea ministerială: de la abordări istorice la realități contemporane [Articol]

Abstract

The responsibility of the executive power is an essential condition of democracy and the rule of law. In the Romanian space, for the first time, the principle of ministerial responsibility was enshrined in the Organic Regulation of 1832, applied in Muntenia and Moldova. The Constitution of Romania from 1866 expressly and in detail regulates the responsibility of ministers, establishing that each of the two Chambers of the Parliament (the Senate or the Chamber of Deputies) or the Lord can accuse the ministers and send them to the High Court of Cassation and Justice for to be judged. We also find the idea of ministerial responsibility in the Constitution of Romania from 1923. The current Constitution of Romania, in art. 109, establishes two categories of liability, namely: a political liability of the Government before the Parliament and a criminal or civil legal liability.