THE RIGHT TO GOOD GOVERNANCE. ASPECTS OF CONSTITUTIONAL DOCTRINE AND JURISPRUDENCE

The obligation of the authorities, namely the parliament and the executive, to have a loyal constitutional behavior was stipulated for the first time in the jurisprudence of the French Constitutional Council, which is the constitutional court of France. This obligation is found in the powers that the state authorities have to interpret and apply constitutional norms. It is not reduced only to the simple requirement of legality of the acts and provisions of the rulers, that is, to the formal observance of the law. It is a requirement of good governance. In our opinion, the concern of the political class and the state authorities in the current period, in relation to the current content of the Fundamental Law, should also be oriented towards its correct interpretation and application and the respect for the democratic purpose of constitutional institutions. In order to consolidate the rule of law in Romania, even in the current normative form of the Constitution, it is necessary that political formations, especially those that hold power, all state authorities act or exercise their powers within the limits of a loyal constitutional behavior that implies respect for the meaning and democratic significance of the Constitution, the traditions and Christian Orthodox values of the Romanian people, the rights and dignity of the person. A new concept has been introduced in public administration – good governance. The term good governance is difficult to define. Good governance is considered today as a paradigm of public administration, since its role is to regulate the exercise of state power in general and the exercise of executive power in particular, to support governance oriented towards ensuring the general well-being of citizens and less so of representatives of political parties. The term has broader implications and includes both the activities of the government and other organizations, public or private. In this study, we analyze from a constitutional, doctrinal and jurisprudential perspective, the principle of good governance and the fundamental right to good governance, especially through its composition, which we consider essential, the constitutionally loyal behavior of state authorities. In this sense, we also make proposals de lege ferenda.