Part 1 Chapter 2

Question 1

Meaning of law

Answer 1

1. Used in connection with system of rules that regulate conduct in a certain society, assisted by mechanisms to ensure compliance
2. Refers to normative acts, created through a formal legislative process; legislative acts
3. Refers to legislative acts in general (laws and decree laws)
4. Used to name legislative acts of the Assembly of the Republic

Question 2

Different types of normative acts

Answer 2

1. Legislative acts: laws from the Assembly of the Republic,
2. Decree-laws from the government
3. regional legislative decrees from regional legislative assemblies
4. Other normative acts: implementing decree, regional implementing decree, ordinance and regulations of local authorities

Question 3

Legislative Organs

Answer 3

1. Assembly of the Republic
2. The government
3. Legislative Regional assemblies

Question 4

Hierarchy of laws

Answer 4

1= Constitution
2=Laws and decree laws

Question 5

Explain what sort legislative acts are revokable

Answer 5

Legislative acts that share the same position on the hierarchy of laws can be revoked and can revoke acts that hold a lower position on the hierarchy of laws.
However, acts on a lower position on the hierarchy cannot revoke acts in a higher position.

Question 6

What is the main Legislative organ

Answer 6

The Assembly of the Republic

Question 7

Provide information in regard to the legislative competence of the assembly of the republic and its effects on other legislative organs

Answer 7

It has a generic legislative competence, which does not include the modus operandi of the government and the essential content of the autonomous regions

Question 8

The Assembly of the Republic has a large list of matters in relation to what?

Answer 8

Has exclusive legislative competence or partially exclusive legislative competence.

Question 9

Describe wat are executive laws that are published under legislative authorization

Answer 9

Laws that grant authorization to legislate must define the object, the purpose, extent and duration of the authorization.

Question 10

What is the deadline to enact laws and decree laws?

Answer 10

20 days (Laws)
40 days (decree laws)

Question 11

Explain veto of laws

Answer 11

Is suspensive in regard to laws but veto against decree laws in final

Question 12

The types of legislative competence of the Government

Answer 12

1. Reserved
2. Concurrent
3. Subject to authorisation
4. Complementary

Question 13

Reserved legislative competence

Answer 13

Only the government can legislate on the organisation and modus operandi of the government

Question 14

Concurrent legislative competence

Answer 14

In relation to all maters that are not reserved to the Assembly of the Republic, the Government has concurrent legislative competence.

Question 15

Subject to authorisation legislative competence

Answer 15

The government can legislate on matters included in the partially reserved legislate competence of the Assembly of the Republic if dully authorised

Question 16

Complementary legislative competence

Answer 16

Government can issue decree laws that develop the principle or the general bases of the legal regimes contained in laws, within the limits set by those general bases.

Question 17

What is required for legal authorisation from the Assembly to the government to be valid?

Answer 17

1. The matter must be partially exclusive to the Assembly of the Republic
2. Authorisation have to include; object, extension and duration of the authorisation

Question 18

What are general bases

Answer 18

Laws that contain the fundamental principles or the general bases of a legal regime and leave to the Government the development of such principles of bases.

Question 19

Describe the Legislative process

Answer 19

1. Drafting
2. Approval
3. Enactment
4. Publication
5. Entry into force

Question 20

Depending on the matter, the constitution requires different sorts of majorities, describe those majorities

Answer 20

1. Simple majority of the votes
2. Absolute majority
3. Qualified majority (the passage of some bills requires a majority that is at least equal to two thirds of the votes)

Question 21

What is Quorom?

Answer 21

The minimum number of members of the Assembly of the Republic that have to be present so that the Assembly of the Republic may assemble and vote.

Question 22

Describe the process of Enactment

Answer 22

• Once an initiative passes, it becomes a Decree of the Assembly.
• It is signed by the President of the Assembly and sent to the President of the Republic to be enacted.
• Enactment means that the President recognizes the existence of the law and orders compliance with it.
• Failure to enact means the act become legally nugatory.
• Enactment requires counter-signature by the government

Question 23

Explain vetos

Answer 23

• President may refuse to enact a decree.
• Veto can result from legal grounds, unconstitutionality or from political reasons

Question 24

When the president receives a law ready for enactment what can he do

Answer 24

Within 20 days from the receipt of a decree by parliament or 40 from a government decree, if the Constitutional Court refrains from pronouncing the unconstitutionality of anything, the president can either:
1. Enact the decree
2. Exercise the right of veto and send it back with a message setting out the grounds for doing so and requesting that the legislative act is reconsidered.

Question 25

If the veto concerns a decree from the assembly what can be done by the assembly?

Answer 25

1. Nothing 2. Redraft the illegal provision 3. Expunge the illegal provision 4. Confirm the legislative act

Question 26

What is needed to confirm the act

Answer 26

An absolute majority of all the members of the Assembly. The president must then within the 8 days from the confirmation, enact the decree.

Question 27

Do all decrees need to have an absolute majority to be confirmed?

Answer 27

No, some need even more than an absolute majority, some need votes equal to or more than 2/3 of the Assembly to be confirmed. These are needed to confirm decrees that take form of organic laws and to confirm matters listed in article 136/3 of the Constitution of the Republic.

Question 28

What is a veto based on unconstitutionality

Answer 28

President may choose to exercise the right of veto based on legal grounds. If the Constitutional court states that a law is unconstitutional the president must veto it. The decree can then not be enacted until it expunges the norm that makes it constitutional. Or where applicable confirm it with 2/3 or more of the votes from the assembly and is greater than an absolute majority of all the members in full exercise of their office. In this case, the president does not have the obligation to enact the law

Question 29

What does publication of a law require?

Answer 29

It requires that a list of legislative acts must be published: 1. Constitutional laws 2. International conventions 3. Laws, executive laws and regional legislative decrees 4. Decrees of the President 5. Resolutions of the assembly and assemblies of autonomous regions 6. Rules of procedure of the assembly, council of state and assemblies of autonomous regions 7. Decisions of the constitutional court and other court decisions to which the law grants generally binding force 8. Regulatory decrees and other decrees and regulations by government as well as those of the autonomous regions 9. Results of elections to or for entities that excercise sovereignty, organs of autonomous regions and local government organs, as well as to the European parliament,

Question 30

Describe when legislative acts enter into force

Answer 30

Legislative acts come into force at the date set forth in the act in question. I absence of a date, they come into force in the 5th day after publication.

Question 31

What is the time between the publication of legislative act and its entry into force called?

Answer 31

Vacatio legis