Government Investiture in the Current European Legislation


  • Elena Emilia ȘTEFAN Associate Profesor, PhD, „Nicolae Titulescu” University, Bucharest, Romania


The issue of Government formation is of general interest and captures the attention not only of those involved but also of citizens who need to know all the details of this legal mechanism. Periodically, all states are faced with this reality of choosing, through constitutional mechanisms, their central authorities. The present study investigates how, according to the Constitution, the public authority that runs the public administration in the state is formed, also trying to capture European trends on this subject. In order to achieve this scope, the paper work was structured into two plans, the national and the European, by following the analysis of the wording of the Fundamental Law. In this respect, the study will take national legislation as a starting point and then investigate several European countries, randomly chosen, to understand how the Fundamental Law relates to the procedure of the investiture of the Government, a central public authority. Thus, a documentary analysis of ten Constitutions of European countries, was carried out. From this point of view, in our opinion the topic is interesting for the scientific community who will find in this paper information about the investiture of the Government from the perspective of comparative law. KEYWORDS: Constitution, Prime Minister, public authority, procedure of government investiture, political party