$Unique_ID{bob00471} $Pretitle{} $Title{Romania Title III: Public Authorities} $Subtitle{} $Author{Romanian Embassy, Washington DC} $Affiliation{Romanian Embassy, Washington DC} $Subject{government law romania council deputies parliament president local minister organization} $Date{1990} $Log{} Title: Romania Book: Theses For the Draft Constitution of Romania Author: Romanian Embassy, Washington DC Affiliation: Romanian Embassy, Washington DC Date: 1990 Title III: Public Authorities CHAPTER I: THE PARLIAMENT 1. The Parliament of Romania is the supreme representative body of the Romanian people, and the only legislative power of the State. 2. The Parliament of Romania consists of the Assembly of Deputies and the Senate. 3. The Assembly of Deputies is composed of Deputies elected by universal, free, equal, direct and secret suffrage, under the terms established in the electoral law. The mandate of the Assembly of Deputies is for 4 years. 4. The Senate is composed of Senators nominated by indirect suffrage by the Councils of local communities. Variant 1 The Senate is composed of Senators elected by universal, free, equal, direct and secret suffrage in a uninominal ballot. Variant 2 The Senate is composed of Senators elected by indirect suffrage by the Councils of local communities, as well as of Senators by right. Senators by right are: - representatives of the confessions, under the terms established in the electoral law; - the President of the Romanian Academy; - ex-Presidents of the legislative bodies, for the duration of one mandate only; - three representatives of the Army, nominated by the Supreme Council of National Defence, who shall be independent in the exercise of their mandate; - one representative of each national minority organization not elected to Parliament, under the terms established in the electoral law. The mandate of the Senate is for 4 years. 5. The rights and duties of the members of Parliament, as well as their incompatibilities shall be established by an organic law. 6. The law is the normative act passed by the Parliament or by a referendum. The following may be regulated only by law; - the rights and duties of the citizens and the guarantee thereof; - the statute of the Defender of the people; - the electoral system; - the organization and holding of referendums; - the organization and functioning of the Constitutional Council; - the organization of the Government, as well as of the Central and Local organs of the State Administration; - the organization and functioning of political parties; - the organization of the Armed Forces and national defence; - the organization and functioning of the Supreme Council of National Defence; - the rules of the states of siege and emergency; - the criminal cases and rules of criminal proceedings, as well as the execution of sentences; - the granting of amnesty; - the setting up, organization and functioning of the Judiciary Courts; - the organization and functioning of the Supreme Council of the Judiciary; - the organization and functioning of the Office of the Public Prosecutor; - the acquisition and loss of the Romanian citizenship: - the statute and abilities of natural and juridical persons; - the general system of taxation; - emission of currency; - the organization and functioning of the Court of Audit; - the regime of property, other real rights, inheritance, civil and trade obligations, family relations, as well as the rules of civil procedure; - general regulations as to the labour relations, trade unions and social security; - general regulations on the organization of the education; - administrative territorial organization and local autonomy; - the statute of civil servants, the administrative contention and general rules of administrative procedure; - the settlement of the territorial sea limits and the exclusive economic area. The Parliament may regulate by law any other fields than those mentioned above. 7. The Parliament of Romania performs the following main prerogatives: - establishes the guidelines of home and foreign policy of the State and controls the fulfilling thereof; - ratifies and denounces international treaties implying any modification of laws; - declares a general or partial mobilization; - declares the state of war, as well as the suspension of military hostilities; - decides on conclusion of an armistice and disposes the cessation of a state of conflict, ratifies peace treaties; - decides on suspending the President of Romania from his office, as well as on holding a referendum with regard to his discharge from office; - approves the legislative delegation; - exerts control on the activity of the Supreme Council of National Defence. 8. The Assembly of Deputies also performs the following prerogatives of its own: - adopts the Budget and the concluding account of the budgetary exercise; - approves the composition and programme of the Government, upon proposal of the Prime Minister, by giving its vote of confidence; - adopts a motion of censorship; - hears the annual report of the Court of Audit; - establishes permanent or temporary committees, and the organization and functioning thereof; - makes up special committees of investigation; - nominates three members to the Constitutional Council; - nominates Deputies to be members of the Supreme Council of the Judiciary. 9. The Senate also performs the following prerogatives of its own: - ratifies and denounces international treaties which do not imply and modification of laws; - nominates the Defenders of the people and exerts control of their activity; - nominates, upon proposal of the President of Romania, the director of the Romanian Intelligence Service and controls the activity of this Service; - establishes permanent or temporary committees, and the organization and functioning thereof; makes up special committees of investigation; - nominates three members to the Constitutional Council; - nominates the Senators to be members of the Supreme Council of the Judiciary. 10. The Assembly of Deputies and the Senate shall meet on two annual ordinary sessions. The President of Romania shall call together the Assembly of Deputies and the Senate on ordinary sessions. Variant to paragraph 2: Calling together the Assembly of Deputies and the Senate on ordinary sessions shall be made by the Presidents thereof. The Assembly of Deputies and the Senate may meet on extraordinary sessions upon request of the President of Romania, of the Prime Minister, of the Bureaus of both Houses or of at least one third of the total number of Deputies and Senators, for an order of the day established on the occasion of their calling together. 11. The organization of the activity of each House, and its functioning shall be established by its own regulation. The proceedings of each House shall be presided over by a Bureau, elected for the duration of a session. The Presidents of the Houses shall be elected for the duration of a term of office. 12. Deputies and Senators may make up Parliamentary Groups, in accordance with the regulations of each House. 13. The right to legislative initiative belongs to the Government. Deputies and Senators may, on behalf of their Parliamentary Groups or individually, make legislative proposals, which are to be sent to the Government before tabling them for debates. The same applies to the proposals made by at least 100,000 citizens with the right to vote. Legislative proposals and amendments formulated by the members of Parliament, the adoption of which would lead to a diminishment of public resources, or to the creation or aggravation of public expenses, shall be admitted only after consulting the Government. 14. The Government issues draft bills to the Assembly of Deputies. Draft bills passed by the Assembly of Deputies shall be forwarded to the Senate. Legislative proposals shall be submitted for adoption in the House where they have been formulated or to which the people's initiative has been sent to, and shall be submitted to the other House, after its adoption. If the Parliament has been forwarded to both a draft bill, and a legislative proposal on the same matter, the debate thereof shall start with the draft bill. 15. In case one of the Houses has passed a draft bill or a legislative proposal with modifications as to the text passed by the other House, the Assembly of Deputies shall finally decide thereupon, by the vote of at least two thirds of the total number of Deputies, unless disagreements have been previously settled by means of a committee of mediation. Draft bills or legislative proposals rejected by one of the Houses shall no longer be submitted for debate to the other House. Upon request of the Government, the Parliament shall be compelled to debate some draft bills on an emergency procedure. This emergency procedure shall be established by the regulations of each House. In establishing the order of the day of both House priority shall be given to the debate of draft bills, in the order requested by the Government. 16. The passing of laws and decisions shall require the vote of at least half plus one of the total number of Senators or Deputies. Organic laws shall be passed by the vote of at least two thirds of the total number of Senators or Deputies. Laws shall be submitted for promulgation to the President of Romania, and shall be published in the Official Gazette. The absence of publicity entails the inexistance of the law. 17. Parliamentary debates shall be public, except for the cases when decided to hold a secret sitting. Members of the Government, which are not Parliamentarians, shall have access to the Parliamentary debates. 18. The Legislative Council of Romania shall be a consultative expert body, autonomous, supporting the Parliament and the Government in their drawing up normative acts, and ensuring the observance of the rules of the legislative technique, as well as the requirements for the systematization and unification of the legislation. It shall be compulsory to consult the Legislative Council for all legislative proposal, draft bills, as well as for the draft decisions and ordinances of the Government. In giving approvals, the Legislative Council makes pronouncements also upon the constitutionality of the draft bills approved. The Legislative Council provides official account of the legislation and publication of the collection of normative acts. The organization and functioning of the Legislative Council of Romania shall be established by law. CHAPTER II: THE PRESIDENT OF ROMANIA 1. The President of Romania shall represent the Romanian State in its international relations, being the guarantee of its national independence, territorial integrity and observance of international treaties. The President shall, by the exercise of his prerogatives, ensure the proper functioning of public authorities, and the application of the principles of democracy, freedom and human dignity, the inviolability and inalienability of fundamental human rights. 2. The President of Romania shall be elected by universal, equal, direct, free and secret suffrage, for a 5 years' term of office, from among the citizens with the right to be elected, who are over 35 years of age. The candidates to the Presidency shall have only Romanian citizenship. A person may be re-elected to the Presidency of Romania only once. 3. Once elected, the President of Romania may not be a member of a party or political organization, After confirmation of his election, he shall take the following oath before the Parliament: "I solemnly swear that I will bear true faith to the Romanian people, to its ideals of freedom and prosperity. I solemnly swear to observe the Constitution and the laws of the country, to defend democracy, fundamental human rights and liberties, the sovereignty and territorial integrity of Romania". 4. If the office of Presidency becomes vacant or if the President finds himself unable to exercise his prerogatives - these circumstances being ascertained by the Constitutional Council - the President of Senate shall exercise the ad-interim duties of the Presidency of Romania. In case the vacancy or disability to exercise his prerogatives as President of Romania are final, the Government shall organize new elections within maximum 3 months. 5. The President of Romania may, in the case of serious offences against the provisions of the Constitution, be suspended from his office, with the consent of the Constitutional Council, by the joint vote of the absolute majority of the total number of Senators and Deputies. The proposal for suspension may be made by at least one third of the total number of Deputies, or as may be the case of the Senators. The President may be discharged only as the result of a referendum, held within maximum one month from date of his being suspended by the Parliament. 6. The President of Romania shall have the following main prerogatives: - to appoint the Prime Minister, which shall be a Deputy or Senator nominated by the party or political organization having the majority in the Assembly of Deputies; in case no majority is attained, as Prime Minister shall be appointed another Deputy or Senator, resulting from the consultation of the Parliamentary Groups; - to revoke or appoint the other members of the Government, on the proposal of the Prime Minister, in the case of governmental reshuffle or of vacancies; - to preside over the sittings of the Government on matters of national interest with regard to foreign policy, the defence of the country, the ensurance of public order, as well as other instances, on the request of the Prime Minister; - to submit annually to the Parliament messages with regard to the main political problems of the nation; - to return laws to the Parliament before their promulgation, to be reconsidered, but only once; - to promulgate laws within 15 days from their passing by the Parliament; - to submit to referendum, on the proposal of the Government, if the Parliament is in session, as well as on the proposal of both Houses, any draft bill concerning the main problems of the State policy; the promulgation of the laws adopted by a referendum shall be compulsory within the same 15 days' interval; - to dissolve the Parliament, after consulting the Prime Minister and the President of both Houses; general elections shall be held within maximum 2 months from the dissolution; during the same year, the Parliament may be dissolved only once; - to conclude international treaties and submit them for ratification to the Parliament; - to accredit and recall the diplomatic representatives of Romania; - to receive the letters of accreditation of the diplomatic representatives from other states; - to preside over the Supreme Council of National Defence; - to declare a partial or general mobilization of the Army, with the previous approval of the Parliament; exceptionally, the decision of the President shall be submitted for approval to the Parliament within 5 days, at the most, from its making; - to declare war in the case of a military aggression, effective or imminent, by acknowledging the Parliament of the measures he has taken by a message; - to proclaim the state of siege or emergency in the whole country or only in some parts of it, while requesting the approval of the Parliament within 5 days, at the most, from the adoption of these measures; - to make promotions to the ranks of general, admiral and marshal; - to grant pardon and to substitute a less severe form of punishment (to commute sentences); - to grant decorations and titles of honour; - to appoint three members to the Constitutional Council. 7. The President of Romania is the Head of the Army, the effective command of the Army being exercised by the Government, in accordance with the law. 8. In the exercise of his prerogatives, the President shall issue decrees, to be countersigned by the Prime Minister, except for the cases under exception. 9. The decrees which, according to the law, are not a secret of state, shall be published in the Official Gazette. The absence of publicity entails the inexistance of the decree that should have been published. CHAPTER III: ADMINISTRATIVE AUTHORITY Section 1: The Government and Central Institutions 1. The Government ensures - at a national level, under the control of the Parliament and under the Constitutional provisions - the setting forth and implementation of home and foreign policy, in accordance with its governmental programme. 2. The Government is made up of the Prime Minister, Ministers and other members established by law. Members of the Government can be any Romanian citizens domiciled in Romania, who have the exercise of their electoral rights. The membership of the Government is incompatible with the exercise of any other professional representation office of a national character, other public office, except for that of a Deputy or Senator, or another office or professional activity paid within the framework of a trade organization. The membership of the Government shall be vacant by dismissal, resignation or following the loss of electoral rights. 3. Within 5 days from his appointment, the Prime Minister shall submit to the Assembly of Deputies the composition and the programme of the Government, and request a vote of confidence. The failure to be granted the vote of confidence entails the obligation of the Prime Minister to present the resignation of his Government, within 5 days. The President of Romania shall appoint, within the next 5 days, the person to form the new Government. In case the Assembly of Deputies has not given its vote of confidence to the new Government, the Prime Minister shall present his resignation to the President of Romania within 10 days, unless the dissolution of the Parliament has been decided, in accordance with the Constitution. The resigning Government shall ensure the administration of public affairs until the constitution of a new Government. 4. Before assuming their office, the Prime Minister and the Ministers shall take an oath before the President of Romania as follows: "I solemnly swear to serve in true faith the Romanian people, to observe the Constitution and the laws of the country." 5. The Prime Minister shall lead the Government, co-ordinate the activity of the Ministers, while observing the prerogatives incumbent upon them according to the law, and bear the responsibility for its activity before the Parliament. In case the Prime Minister delegates, in accordance with the law, the exercise of some of his prerogatives to another member of the Government, the responsibility before the Parliament for the exercise thereof shall be upon the Prime Minister. In the event of the Prime Minister's impossibility to exercise his prerogatives, the President of Romania shall designate another member of the Government to warrant the office of the Prime Minister, but no longer than for 15 days. The provisions of the paragraph above also apply to the other members of the Government, accordingly. 6. The prerogatives of the Government shall be established only by law. 7. The Government shall adopt decisions, in the exercise of its own prerogatives and regulations for the application of the laws, when a specific provision thereon has been made by law. The decisions and regulations shall be issued only within the limits and under the terms established by law. In exceptional situations, the Government may issue, on the basis of a capacitating law, adopted by a majority of two thirds in each House and only for the duration established by this law, ordinances in fields reserved to the law, in accordance with the Constitution; the ordinances shall come into force at the date of their publication, yet they become ineffective unless the draft bill of ratification has been submitted to the Parliament prior to the date set forth by the capacitating law. After the expiration of the term provided in the paragraph above, ordinances in the fields reserved to the law may be modified only by law. Decisions, regulations and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the Ministers who are compelled to put them into execution, and published in the Official Gazette. The absence of publication entails the inexistence of the bill, except for the decisions which, according to the law, are a secret of state. 8. The Assembly of Deputies may engage the liability of the Government, by a motion of censorship. The motion of censorship may be tabled by at least one fourth of the total number of Deputies or by the Senate, and shall contain a proposal for a candidate to the office of Prime Minister. The voting of the motion of censorship may be held only two days after its being tabled and acknowledged to the Government. The motion of censorship shall be approved by the open vote of half plus one of the total number of Deputies, within two days from the expiration of the term established in the paragraph above. The adoption of the motion entails the obligation of the Prime Minister to present the resignation of the Government to the President of Romania, within three days. In the event the motion of censorship has been rejected, the Deputies who signed it or the Senate may not lay down a new motion, during the same session, except for the case the Government requests a motion of confidence. 9. The Prime Minister may request to the Assembly of Deputies the adoption of a motion of confidence with regard to the policy of the Government, to engage its liability upon a programme and a declaration of general policy, or upon a draft bill. In this case, the programme, the declaration of general policy or the draft bill shall be considered as adopted, unless within the next two days from the engagement of the Government's liability the Deputies have tabled a motion of censorship, in accordance with article 8. The Government may accept amendments to the draft bill presented, provided these have been tabled within the term provided for under paragraph 1. If the motion of censorship has been rejected, the programme, the declaration of general policy of the draft bill shall be considered as adopted. 10. The members of the Government shall hold joint and severe liability for the activity of the Government, and the decisions, regulations, ordinances or measures adopted by it. Each member of the Government is also liable for his own activity. The Government, on the whole, and each of its members are liable for the fulfillment of their prerogatives before the Parliament, according to the provisions of the Constitution and the rules of procedure of each House. 11. The Assembly of Deputies and the Senate, as well as the President of Romania, have the right to demand the criminal pursuit of the Ministers, and their trial before the Supreme Court of Justice, for offences relating to the exercise of their functions. The law of Ministerial responsibility shall determine the cases of liability and the punishments applicable to the members of the Government. 12. The ministries and the other central institutions shall be organized, in accordance with the law, so as to ensure the proper functioning and impartiality of public administration. Section 2: Local Institutions 1. Public Administration at the level of districts and the city of Bucharest shall be carried out by the district council, and by the City council, respectively; at the level of municipalities, the sectors of the city of Bucharest, towns, and communes - by local and mayors' councils. The district councils, the City council, the councils of municipalities, towns and communes, as well as the mayors shall be elected by universal, equal, direct, free and secret suffrage, under the provisions of the law. 2. Each local council, in the administrative-territorial unit where it functions, shall: - approve local budget and the exercise account thereof; local loans may only be contracted if the resources for their return are ensured; - establish local taxes and duties; - provide for proper functioning of institutions, the ensurance of services and works of local interest, such as public schools, health establishments, common transport, communal husbandry, public libraries and museums etc.; - Provide for a modern town-planning, under observance of local tradition; - be liable for the administration of the public domain in communes, towns, municipalities or districts, and exercise the rights established by law with regard to the autonomy management-units set forth by it; - provide the services of legal status (birth, marriage, death), ward authority, commercial inspection, and other public services specific to the local autonomy; - take measures for the environmental protection and improvement of the living conditions of local communities; - perform any other duty established by law. 3. The funds required for local councils shall be made up out of own revenue. Subventions shall be alloted, in accordance with the law on the State Budget, only under terms approved by the Parliament. The commercial companies and autonomous - management units shall contribute, depending on the nature of the activity carried on locally and in accordance with the provisions of the law, to the constitution of funds for the local development. 4. For carrying out any works of public interest, local councils may join together or with economic organizations, domestic or from abroad, in partnerships. Local councils may also establish co-operation relations with the local authorities from foreign countries. 5. The Government shall appoint a prefect in each district and to the City of Bucharest. As a representative of the Government, the prefect shall watch over the local council activity being conducted in accordance with the law. The prefect shall be the chief of public services of the ministeries and other governmental bodies, decentralised in the administrative-territorial units. 6. There shall be no subordination between local councils and the prefect. The prefect may suspend application of an administrative act issued by a local authority. This measure of suspension may be attacked before the administrative contention department of the District Court. 7. The organization and functioning of local councils, as well as further provisions for the implementation of local autonomy shall be established by law. CHAPTER IV: JUDICIAL AUTHORITY Section I: Courts of Justice 1. In Romania, justice is exercised on behalf of the people. The judicial authority has its own prerogatives, which shall be independently exercised by the Courts, in conformity with the Constitution and the laws of the country. 2. The exercise of justice lies within the competence of the Courts, District Courts, Courts of Appeal, and the Supreme Court of Justice. The organization of Courts, the competence thereof and the judicial proceedings shall be established by law. The setting up of courts of exception shall be prohibited, except for the military ones in time of war. Courts of justice on special matters may be set up only by law. 3. In the discharge of their duties, judges shall be independent and subject only to law. Judges, except for those being on probation, shall be appointed in office by the President of Romania, on the proposal of the Supreme Council of the Judiciary. Incompatibilities of the judges shall be established by law. 4. Judges shall be irremovable, under the terms laid down by the law. 5. Any litigation shall be settled in court hearings open to the public, with the exception of those provided for in the law. 6. Judicial proceedings shall be conducted in Romanian. For the parties failing to understand the language in which the judicial proceedings are being held, provision shall be made that they may take cognizance of all acts and deeds in the trial brief, and that they may exercise their right to speak before the Court and have the pleadings translated by an interpreted. In administrative-territorial units inhabited by a population other than Romanian, the use of their mother-language shall be provided for, under the terms of the law. 7. The judicial authority shall dispose of its own police. 8. The State is patrimonially liable for the damages caused by judicial errors in criminal cases, in accordance with the law. Section 2: The Office of the Public Prosecutor 1. In the judicial activity, the Office of the Public Prosecutor shall represent the general interests of society and public order. 2. The Office of the Public Prosecutor shall exercise its prerogatives by prosecutors, through its own agencies, attached to each Court of Justice, as prescribed by the law on judiciary organization. 3. Prosecutors shall discharge their duties under hierarchical dependency and control, and under the authority of the Minister of Justice. Section 3: Superior Council of the Judiciary 1. The Superior Council of the Judiciary shall consist of Magistrates, Deputies and Senators, appointed in accordance with the provisions of the law. 2. The proceedings of the Superior Council of the Judiciary shall be presided over by the Minister of Justice. 3. The Superior Council of the Judiciary makes proposals to the President of Romania for the appointment of judges and, as provided for by the law, of prosecutors, except for those on probation. 4. The Superior Council of the Judiciary shall be consulted in connection with granting pardons and commuting punishments. 5. The Superior Council of the Judiciary shall discharge, as provided for by the law, the duty of a disciplinary council for the judges, in which case the debates shall be presided over by the first President of the Supreme Court of Justice. The Minister of Justice shall not participate in the debates of the disciplinary council.