Head of state of Romania
The
president of Romania
(
Romanian
:
Pre?edintele Romaniei
) is the
head of state
of
Romania
. Following a modification to the
Romanian Constitution
in 2003, the president is directly elected by a
two-round system
and serves for five years. An individual may serve two terms. During their term in office, the president may not be a formal member of a
political party
. The president of Romania is the
supreme commander
of the
Romanian Armed Forces
.
The office of president was created in 1974, when
communist
leader
Nicolae Ceau?escu
elevated the presidency of the
State Council
to a fully fledged executive presidency. It took its current form in stages after the
Romanian Revolution
, culminating in the adoption of Romania's current constitution in 1991.
Klaus Iohannis
is the incumbent president since his inauguration on 21 December 2014. Iohannis is of full
Transylvanian Saxon
ethnicity/descent, making him the first president from Romania's
German minority
.
Communist era
[
edit
]
In the
Communist era
, the president was elected for a five-year term by the
Great National Assembly
(GNA) on the recommendation of the
Romanian Communist Party
's Central Committee and the
Front of Socialist Unity and Democracy
, with no term limits. Ceau?escu was the only holder of the office under this system; he was elected by the GNA in 1974 and reelected in 1980 and 1985, each time unopposed. The president continued to serve as
ex officio
president of the
State Council
, and had the right to act on any matter that did not require a State Council
plenum
. He also appointed and dismissed ministers and heads of central agencies. When the GNA was not in session (in practice, for most of the year), the president could appoint and dismiss the president of the Supreme Court and the prosecutor general without State Council's approval; indeed, he was not even required to consult his State Council colleagues when making such decisions. Ceau?escu created the office in order to make himself chief decision-maker in both name and fact. Previously, he had nominally been first among equals on the State Council, deriving his real power from his leadership of the Communist Party. In practice, he used his power to act on all matters that did not require a plenum to rule by decree. Over time, he also usurped many powers that constitutionally belonged to the State Council as a whole.
[2]
Oath of office
[
edit
]
After the
Constitutional Court
acknowledges the legality of the election, the
Houses of Parliament
meet in a joint session. The elected President takes the following oath of office, specified by article 82 of the
Constitution
:
Romanian
:
Jur s?-mi d?ruiesc toat? puterea ?i priceperea pentru prop??irea spiritual? ?i material? a poporului roman, s? respect Constitu?ia ?i legile ??rii, s? ap?r democra?ia, drepturile ?i libert??ile fundamentale ale cet??enilor, suveranitatea, independen?a, unitatea ?i integritatea teritorial? a Romaniei. A?a s?-mi ajute Dumnezeu!
I solemnly swear that I will dedicate all my strength and the best of my ability for the spiritual and material welfare of the Romanian people, to abide by the Constitution and laws of the country, to defend democracy, the fundamental rights and freedoms of my fellow-citizens, Romania's sovereignty, independence, unity and territorial integrity. So help me God!
[3]
Powers and duties
[
edit
]
Under the 1991 Constitution, which was amended in 2003, presidential powers were curtailed in contrast to communist Romania; the office continues to wield significant influence within a semi-presidential system of government.
The president's duties are set out in Title III, Chapter II of the
Constitution
.
[4]
These are not exclusive, and are supplemented by other constitutional and legal provisions.
In home affairs:
- Embodies the state and safeguards its independence, unity and territorial integrity.
- Guards the observance of the Constitution and the functioning of public authorities.
- Designates and appoints the
Prime Minister
, subject to parliamentary approval (the President cannot dismiss the Prime Minister).
- Appoints and removes ministers, on the advice of the Prime Minister (a proposal by the Prime Minister may be rejected only once; in such cases, the Prime Minister cannot re-submit the same nomination for ministerial office; the President cannot refuse the appointment of a second, different, nominee).
- Consults the Government on major policy matters.
- Chairs Government when matters of national interest with regard to foreign policy, the defence of the country or public order are debated and, at the Prime Minister's request, in other instances as well.
- Addresses Parliament on issues of national interest.
- Assents to bills (the President may ask Parliament to reconsider a bill only once).
- Refers bills for review to the Constitutional Court before signifying his assent.
- Summons Parliament after a legislative election.
[5]
- Requests extraordinary sessions of Parliament.
[6]
- Dissolves Parliament (The President may dissolve Parliament if no vote of confidence has been obtained to form a government within 60 days after the first request was made, and only after rejection of at least two Prime Ministerial candidates).
- Calls referendums (after consultation with Parliament). Such referendums are advisory and Parliament may choose not to implement their result. However, if a referendum is valid (this requires a majority vote in favour and above 30 percent turnout), Parliament may not legislate contrary to the referendum result.
[7]
In foreign affairs:
- Undertakes state, official and working visits overseas.
- Concludes international treaties negotiated by the Government and submits them to Parliament for ratification.
- Appoints and recalls ambassadors and diplomatic envoys on the advice of the Prime Minister and the Minister of Foreign Affairs (following such advice is not mandatory).
- Receives letters of credence from foreign diplomatic envoys.
- Approves the setting up, closing down, or change in rank of diplomatic missions.
In defence issues:
- Exerts the role of Commander-in-Chief of the
Armed Forces
.
- Presides over the
Supreme Council of National Defence
.
- Declares mobilisation of the Armed Forces, subject to prior approval from Parliament (or, in special circumstances, subsequent approval).
- Acts to repel armed aggression towards the country.
- Institutes the state of siege or the state of emergency (nationally or locally, with subsequent parliamentary approval).
Other duties:
- Confers
decorations and titles of honour
.
- Makes appointments to senior military ranks.
- Makes appointments to public offices as provided by law.
- Grants individual pardons.
In the exercise of his functions, the president issues decrees. Decrees issued under Article 91 (1) and (2), Article 92 (2) and (3), Article 93 (1), and Article 94 a), b) and d) of the Constitution must be countersigned by the Prime Minister in order to take effect.
Impeachment
[
edit
]
An incumbent president who severely violates the
Constitution
may be suspended by the
Parliament
in joint session. If the suspension motion passes, there is a call for a referendum of impeachment within no more than 30 days from the suspension.
If the
Senate
and
Chamber of Deputies
, in joint session, accuse the president of
high treason
, the president is suspended from powers and duties by right. The accusations are judged by the
High Court of Cassation and Justice
. The incumbent president is dismissed by right if found guilty of
high treason
.
History
[
edit
]
The suspension and impeachment procedure has been implemented three times. The first time regarded President
Ion Iliescu
, following a statement regarding the returning of the illegally confiscated properties during the years of the
Socialist Republic of Romania
to the original owners or their heirs. This first attempt in 1995 did not pass the vote in
Parliament
.
The second attempt was successful, with the person suspended being
Traian B?sescu
, in office as of April 2007. He became the first president to successfully be suspended and also the first to face an impeachment vote before the people, regarding issues with
supposed unconstitutional acts
. The impeachment
plebiscite
was held on
19 May 2007
, and B?sescu survived the impeachment attempt. The result was the rejection of the proposal by 24.94% in favor to 75.06% opposed.
The third attempt lead to a second successful suspension in July 2012, again against
Traian B?sescu
. The referendum was held on 29 July 2012, and the results were 88.7% in favor and 11.3% opposed, with voter turnout calculated to be 46.24%; below the 50% + one vote threshold required at the time the referendum was held. The
Constitutional Court
did not give a verdict on the validation of the referendum at the time, citing irregularities in the permanent electoral lists. On 21 August, the Court deemed the referendum invalid, and again B?sescu prevailed from being ousted.
[8]
Succession
[
edit
]
Should the office of the president become vacant due to resignation, impeachment, permanent inability to perform the duties of office, or death while in office,
[9]
the
president of the Senate
or the
president of the Chamber of Deputies
, in that order, step in as
Ad Interim President of Romania
[10]
(
Romanian
:
Pre?edinte Interimar al Romaniei
). Neither relinquish their position as president of their respective Legislative House for the duration of the ad interim term. An ad interim president cannot address the
Parliament
, dissolve the Parliament, nor call for a referendum (the impeachment referendum after a motion of suspension is called by Parliament). The vacancy of the office cannot be longer than three months.
[11]
While the president is suspended, the office is not considered vacant.
List
[
edit
]
Latest election
[
edit
]
Candidate
|
Party
|
First round
|
Second round
|
Votes
|
%
|
Votes
|
%
|
|
Klaus Iohannis
|
National Liberal Party
|
3,485,292
|
37.82
|
6,509,135
|
66.09
|
|
Viorica D?ncil?
|
Social Democratic Party
|
2,051,725
|
22.26
|
3,339,922
|
33.91
|
|
Dan Barna
|
2020 USR-PLUS Alliance
|
1,384,450
|
15.02
|
|
|
Mircea Diaconu
|
Alliance for "One Man" (
PRO
?
ALDE
)
|
815,201
|
8.85
|
|
Theodor Paleologu
|
People's Movement Party
|
527,098
|
5.72
|
|
Hunor Kelemen
|
Democratic Alliance of Hungarians in Romania
|
357,014
|
3.87
|
|
Ramona Bruynseels
|
Humanist Power Party
|
244,275
|
2.65
|
|
Alexandru Cump?na?u
|
Independent
|
141,316
|
1.53
|
|
Viorel Cataram?
|
Liberal Right Party
|
48,662
|
0.53
|
|
Bogdan Stanoevici
|
Independent
|
39,192
|
0.42
|
|
C?t?lin Ivan
|
Alternative for National Dignity
|
32,787
|
0.36
|
|
Ninel Peia
|
Romanian Nationhood Party
|
30,884
|
0.34
|
|
Sebastian Popescu
|
New Romania Party
|
30,850
|
0.33
|
|
John Ion Banu
|
Romanian Nation Party
|
27,769
|
0.30
|
Invalid/blank votes
|
142,961
|
?
|
182,648
|
?
|
Total
|
9,359,673
|
100
|
10,031,705
|
100
|
Registered voters/turnout
|
18,286,865
|
51.18
|
18,217,411
|
55.07
|
Sources:
BEC (first round)
;
BEC (second round)
|
See also
[
edit
]
References
[
edit
]
- ^
"Cat vor ca?tiga Iohannis ?i Ponta dup? majorarea salariilor demnitarilor"
.
Ziare.com
(in Romanian). 8 July 2015.
- ^
This article incorporates text from this source, which is in the
public domain
.
Sergiu Verona (July 1989). "Government and Politics". In Bachman, Ronald D (ed.).
Romania: a country study
.
Federal Research Division
,
Library of Congress
.
LCCN
90006449
.
- ^
Constitution of 1991, as revised in 2003
"Article 82: Validation of mandate and oath-taking", retrieved on 7 July 2012
- ^
"CONSTITUTION OF ROMANIA"
.
www.cdep.ro
.
- ^
Art. 63, (3) of the Constitution
- ^
Art. 66, (2) of the Constitution
- ^
Constitutional Court Decision No. 682 (27 June 2012)
https://web.archive.org/web/20160321182832/https://www.ccr.ro/files/products/D0682_12.pdf
- ^
"Curtea Constitutionala a invalidat referendumul cu scorul 6?3. Traian Basescu revine la Cotroceni"
. Retrieved
21 August
2012
.
- ^
Constitution of 1991, as revised in 2003
"Article 97: Vacancy of office", retrieved on 11 April 2010
- ^
Constitution of 1991, as revised in 2003
"Article 98: Interim of office", retrieved on 11 April 2010
- ^
Constitution of 1991, as revised in 2003
"Article 97: Vacancy of office; paragraph (2)", retrieved on 22 August 2012
External links
[
edit
]
|
---|
President
| | |
---|
Vice President
| |
---|
Members
| |
---|
Heads of state and government of Europe
|
---|
Heads
of state
| UN members
and observers
| |
---|
Partially recognised
2
| |
---|
Unrecognised states
3
| |
---|
|
---|
Heads of
government
| UN members
and observers
| |
---|
Partially recognised
2
| |
---|
Unrecognised states
3
| |
---|
|
---|
- 1. Partially or entirely in Asia, depending on geographical definition.
- 2. Recognised by at least one United Nations member.
- 3. Not recognised by any United Nations members.
|