CHAPTER II. The President of Romania
Name/structure of executive(s)
Article 80. The Role of the President
Foreign affairs representative
The President of Romania represents the Romanian state and is the guarantor of the country's national independence, unity, and territorial integrity.
- The President of Romania ensures the observance of the Constitution and the normal functioning of public authorities. To this effect, the President acts as a mediator between the powers of the state as well as between the state and society.
Head of state selection
Article 81. Election of the President
- The President of Romania is elected by universal, equal, direct, secret, and free suffrage.
- The candidate who obtains a majority of votes of the voters registered in the voting lists on the first ballot is declared elected.
- If none of the candidates has obtained such a majority, a second ballot will be held between the two candidates who received the highest number of votes on the first ballot. The candidate who obtains the highest number of votes is declared elected.
Head of state term limits
No one can serve as President of Romania for more than two terms. These terms can be successive.
Article 82. Validation of Presidential Election and Presidential Oath
- The results of the elections for the office of President of Romania are validated by the Constitutional Court.
God or other deities, Oaths to abide by constitution
The candidate whose election has been validated will take the following oath before the Chamber of Deputies and the Senate, in joint session: "I solemnly swear that I will dedicate all my strength and the best of my ability to the spiritual and material welfare of the Romanian people, that I will respect the Constitution and the laws of the country, and that I will defend democracy, the fundamental rights and freedoms of the citizens, and the sovereignty, independence, unity, and territorial integrity of Romania. So help me God!"
Article 83. Term of Office
Head of state term length
The term of office of the President of Romania is five years and starts on the date on which he/she is sworn in.
- The President of Romania remains in office until the newly elected President is sworn in.
- The President's term of office can be extended, by organic law, in the case of war or disaster.
Article 84. Incompatibilities and Immunities
- During his/her term, the President of Romania may not be a member of a party and is barred from exercising any other public or private office.
Head of state immunity
The President of Romania enjoys immunity. The provisions of article 72(1) shall apply accordingly.
Cabinet removal, Name/structure of executive(s), Cabinet selection
Article 85. Appointment of Government
- The President of Romania designates a candidate for the post of Prime Minister and appoints the Government on the basis of a vote of confidence from Parliament.
- In the case of a cabinet reshuffle or if a post becomes vacant, the President dismisses and appoints the relevant members of the Government upon proposal by the Prime Minister.
- If the political structure or composition of the Government is changed through the reshuffle process, the President of Romania shall be entitled to exercise the power regulated in paragraph 2 only with the approval of Parliament, granted following the proposal by the Prime Minister.
Article 86. Consultations with the Government
The President of Romania may consult with the Government on urgent and particularly important issues.
Article 87. Participation in Government meetings
- The President of Romania may take part in Government meetings in which issues of national interest concerning foreign policy, national defense, and public order are discussed, and in other meetings at the request of the Prime Minister.
- The President of Romania presides over the Cabinet meetings in which he/she takes part.
Article 88. Messages to Parliament
The President of Romania sends messages to Parliament on major political problems facing the nation.
Dismissal of the legislature
Article 89. Dissolution of Parliament
- After consulting with the presidents of the two Chambers and the leaders of the parliamentary groups, the President of Romania can dissolve Parliament if no vote of confidence has been obtained for the formation of the Government within 60 days of the first request, but only after the rejection of at least two requests for investiture.
- Parliament can be dissolved only once in the course of a year.
Parliament cannot be dissolved during the last six months of the term of office of the President of Romania, or during a state of mobilization, war, siege or emergency.
Article 90. Referendum
The President of Romania, after consulting with Parliament, can ask the people to express their will on matters of national interest by means of referendum.
Head of state decree power
Article 91. Foreign Policy Powers
On behalf of Romania, the President concludes international treaties negotiated by the Government and submits them to Parliament for ratification within a reasonable time. The other treaties and international agreements are concluded, approved and ratified in accordance with the procedure established by law.
- On proposal by the Government, the President accredits and recalls the diplomatic representatives of Romania and approves the establishment, closing, or change of the rank of diplomatic missions.
- Diplomatic representatives of other states present their letters of accreditation to the President of Romania.
Emergency provisions, Head of state decree power
Article 92. Powers in defense matters
Designation of commander in chief
The President of Romania is the commander of the Armed Forces and chairs the Supreme Council of National Defense.
Designation of commander in chief
With the prior approval of Parliament, the President can decree the partial or general mobilization of the Armed Forces. In exceptional cases, the President's decision can be submitted to Parliament for approval afterwards, no later than five days after its adoption.
- In the case of armed aggression directed against the country, the President of Romania takes measures to repel the aggression and to inform Parliament immediately, by means of a message. If Parliament is not in session, it will be convened by law within 24 hours of the onset of the aggression.
- In the event of a state of mobilization or war, Parliament continues to exercise its functions during the whole relevant period; if it is not in session already, it will be convened by law [de jure] within 24 hours after the state of mobilization or war has been declared.
Head of state decree power, Emergency provisions
Article 93. Exceptional Measures
- In accordance with the law, the President of Romania imposes the state of siege or emergency upon the entire country or upon certain territorial-administrative units and asks Parliament for the approval of the measure adopted within a maximum time period of five days following its adoption.
- If Parliament is not in session, it will be convened by law no later than 48 hours after the declaration of martial law or of the state of emergency and will remain in session throughout these periods.
Head of state decree power, Head of state powers
Article 94. Other Powers
The President of Romania also has the following powers:
- to award decorations and honorary titles;
- to award the ranks of marshal, general, and admiral;
- to make appointments to public offices in the conditions defined by the law;
Power to pardon
to grant individual pardons.
Head of state removal
Article 95. Suspension From Office
- If the President of Romania commits serious offenses which violate provisions of the Constitution, he/she can be suspended from office by the Chamber of Deputies and the Senate, in joint session, by majority vote of the deputies and senators, after consultations with the Constitutional Court. The President can give Parliament explanations in regard to the actions with which he/she is charged.
- The proposal for suspension from office can be initiated by at least one-third of the deputies and senators and is brought to the attention of the President immediately.
- If the proposal for suspension from office is approved, a referendum on the removal of the President is organized within 30 days, at the latest.
Supreme court powers
Article 96. Impeachment
- The Chamber of Deputies and the Senate may decide the impeachment of the President of Romania for high treason with the votes of at least two-thirds of the number of deputies and senators.
- The impeachment proposal can be initiated by a majority of the deputies and senators and must be notified to the President of Romania without delay, so that he/she may give explanations about the charges which are brought against him/her.
- From the date of the impeachment until his/her eventual removal from office, the President is suspended by law from the exercise of his/her functions.
- The competence to pronounce judgement in these cases lies with the High Court of Cassation and Justice. The President is removed from office by law [de jure] on the date the impeachment verdict rendered by the Court becomes final.
Article 97. Vacancy in the Office
- The office of President of Romania becomes vacant in the case of resignation, discharge from office, permanent inability to discharge the duties of the office, or death.
Head of state replacement
Within three months of the date on which the vacancy of the position of President of Romania occurred, the Government will organize elections for a new President.
Article 98. The Interim Period
- If the office of President becomes vacant, if the President is suspended from office, or if he/she is temporarily unable to discharge his/her duties, the office will be filled in the interim by the President of the Senate or the President of the Chamber of Deputies, in that order.
- The powers regulated in Articles 88-90 shall not be exercised by the Acting President during the interim period.
Article 99. Accountability of the Interim President
If the person acting as President of Romania in the interim period commits serious offenses which violate the provisions of the Constitution, Article 95 and Article 98 shall apply accordingly.
Head of state decree power
Article 100. Acts of the President
- In the exercise of his/her powers, the President of Romania issues decrees which are published in the Monitorul Oficial al României. Failure to publish makes the decree void.
Head of government powers
Decrees issued by the President of Romania in the exercise of his/her powers listed in Article 91, paragraphs 1 and 2, Article 92, paragraphs 2 and 3, Article 93, paragraph 1, and Article 94, subparagraphs (a), (b), and (d) are countersigned by the Prime Minister.
Article 101. Remuneration and Other Rights
The remuneration and other rights of the President of Romania are regulated by law.
CHAPTER III. The Government
Establishment of cabinet/ministers
Article 102. Role and Structure
- In accordance with its government program approved by Parliament, the Government ensures the implementation of the domestic and foreign policies of the country and is responsible for the general management of the public administration.
- In the exercise of its powers, the Government cooperates with the social bodies concerned.
- The Government consists of a Prime Minister, ministers, and other members specified by organic law.
Head of government selection
Article 103. Investiture
- The President of Romania appoints a candidate for the office of Prime Minister after consulting the party disposing of an absolute majority in Parliament or, if no such party exists, after consulting the parties represented in Parliament.
- Within 10 days of his/her appointment, the candidate for the office of Prime Minister will ask for a vote of confidence from Parliament for his/her program and the list of ministers.
- The program and the list are discussed by the Chamber of Deputies and the Senate in joint session. Parliament grants confidence to the government by the vote of the majority of the deputies and senators.
Oaths to abide by constitution
Article 104. Oath of Allegiance
- The Prime Minister, ministers, and other members of the Government shall individually take the oath provided for in Article 82 before the President of Romania.
- The Government as a whole and each member individually exercise their functions from the time they are sworn in.
Head of government's role in the legislature, Eligibility for cabinet
Article 105. Incompatibilities
- The office of a member of the Government is incompatible with the exercise of any other public function with authority, with the exception of that of deputy or senator. It is also incompatible with the exercise of a position as professional representative paid by a commercial organization.
- Other incompatibilities are established by organic law.
Article 106. End of Government Membership
Membership in the Government is terminated by resignation, removal from office, loss of voting rights, incompatibility, or death, as well as in other cases established by law.
Name/structure of executive(s)
Article 107. The Prime Minister
- The Prime Minister directs the Government and coordinates the activity of its members in respect of the powers and duties conferred upon them. In addition, he/she presents to the Chamber of Deputies or the Senate reports and statements on Government policy which are discussed on a priority basis.
- The President of Romania cannot dismiss the Prime Minister.
Head of government replacement
If the Prime Minister finds himself/herself in one of the situations provided for in Article 106-with the exception of a removal from office-or if he/she is unable to discharge his/her functions, the President of Romania shall designate another member of the Government as interim Prime Minister to exercise the powers of Prime Minister until a new Government is formed. The interim period resulting from the inability of the Prime Minister to exercise his/her functions comes to an end if he/she resumes his/her activities in the Government.
- The provisions of paragraph 2 shall apply accordingly to the other members of the Government, upon proposal by the Prime Minister, for a period of no more than 45 days.
Powers of cabinet
Article 108. Government Measures
- The Government issues decisions and ordinances.
- Decisions are issued in order to organize the implementation of laws.
- Ordinances are issued under a special enabling law, within the limits and in accordance of the provisions thereof.
- The decisions and ordinances issued by the Government are signed by the Prime Minister, countersigned by the ministers charged with their execution, and published in the Monitorul Oficial al Romăniei. The decision or ordinance is void if it is not published.
Decisions of a military nature are transmitted only to the institutions concerned.
Cabinet removal, Head of government immunity, Legislative oversight of the executive
Article 109. Accountability of Government Members
- The Government is politically accountable only to Parliament for its entire activity. Each member of the Government is politically accountable, jointly with the other members, for the Government's activities and measures.
- Only the Chamber of Deputies, the Senate, and the President of Romania have the right to call for the prosecution of members of the Government for actions carried out in the exercise of their functions. If prosecution is requested, the President of Romania can order that the Government members be suspended from their positions. Any Government member on trial is suspended from his/her position. The Supreme Court of Justice has the competence to rule on the case.
- The grounds for accountability and the punishments applicable to members of the Government are regulated by a law on ministerial accountability.
Article 110. End of Term
- The Government exercises its functions until the validation of the general parliamentary elections.
- The Government resigns from office on the date Parliament withdraws its confidence or if the Prime Minister finds himself/herself in one of the situations defined in Article 106 - with the exception of removal from office - or if he/she is unable to exercise his/her functions for more than 45 days.
- In the situations stipulated in paragraph 2, the provisions of Article 103 shall apply accordingly.
- The Government whose term of office has expired in accordance with paragraphs 1 and 2 will carry out only those functions which are necessary for taking care of public business until the members of the new Government are sworn in.
CHAPTER IV. Relations Between Parliament and Government
Article 111. Information of Parliament
- The Government and the other bodies of public administration, in the framework of the monitoring of their activity by Parliament, must provide the information and documents requested by the Chamber of Deputies, the Senate, or the parliamentary committees through their chairmen. If a legislative initiative involves the modification of the provisions of the state budget or the state social security budget, the request for information is mandatory.
- The members of the Government are entitled to attend the proceedings of Parliament. If their presence is requested, their attendance is mandatory.
Legislative oversight of the executive
Article 112. Questions, Interpellations and Simple Motions
- The Government and each of its members are under a duty to respond to the questions or interpellations formulated by deputies or senators, in the conditions defined by the rules of procedure of the two Chambers of Parliament.
- The Chamber of Deputies or the Senate can approve a motion expressing its position on a matter of domestic or foreign policy, or, as the case may be, on a matter that has been the subject of an interpellation.
Head of government removal, Cabinet removal
Article 113. Censure Motion
- The Chamber of Deputies and the Senate, in joint session, can withdraw the confidence given to the Government by passing a censure motion by the vote of a majority of the deputies and senators.
- The censure motion can be initiated by at least one-fourth of the total number of deputies and senators and is communicated to the Government on the date that it is tabled.
- The censure motion is discussed three days after it is tabled in the joint session of the two houses.
Limits on removing head of government
If the censure motion is rejected, the deputies and senators who signed it cannot initiate another censure motion in the same session, with the exception of the case in which the Government assumes responsibility in accordance with Article 114.
Head of government removal
Article 114. Government Responsibility
- The Government may make the approval of a program, a statement of general policy or a bill an issue of its responsibility before the Chamber of Deputies and the Senate sitting in joint session.
- The Government is dismissed if a censure motion, tabled within three days of the presentation of the program, the general policy statement, or the bill, is passed in the conditions established in Article 113.
- If the Government has not been dismissed in accordance with paragraph 2, the bill presented, amended or completed, as the case may be, with the amendments accepted by the Government, is considered to be adopted, and the implementation of the program or statement of general policy becomes mandatory for the Government.
- If the President of Romania requests the reconsideration of a law approved in accordance with paragraph 3, the debate on it will take place in a joint session of the two houses.
Article 115. Delegated Legislation
- Parliament can pass a special law to empower the Government to issue ordinances in areas falling outside the scope of organic laws.
- The enabling law determines, on a mandatory basis, the field of application for the ordinance and the deadline within which it may be issued.
- If the enabling law so requests, the ordinance will be submitted to Parliament for approval, in accordance with the legislative procedure, before the deadline of the enabling law expires. If the deadline is not respected the ordinance ceases to be effective.
- The Government may adopt emergency ordinances only in exceptional situations the regulation of which cannot be postponed; it is under an obligation to give the reasons for the urgency of the measure in the text of the ordinance.
- An emergency ordinance shall only come into force after it has been submitted for debate in an urgency procedure to the Chamber first notified as having the competence for its adoption, and after it has been published in the Monitorul Oficial al României. If not in session, the Chambers shall be convened compulsorily within five days of the submission of the ordinance, or, as the case may be, of its forwarding. If the Chamber in question does not make a decision on the ordinance within 30 days following submission, the ordinance shall be considered as adopted and shall be transmitted to the other Chamber, which shall also decide the matter in an urgency procedure. An emergency ordinance containing norms of the same kind as an organic law must be approved by the majority provided for in article 74(1).
- Emergency ordinances may not be adopted in the field of constitutional laws; they may not affect the status of fundamental institutions of the state, the rights, freedoms and duties stipulated in the Constitution, and the voting rights, and may not envisage measures for the forcible transfer of certain assets into public property.
- The ordinances which are submitted to Parliament shall be approved or rejected by a law which must equally contain the ordinances which have ceased to be effective according to paragraph 3.
- The law approving or rejecting an ordinance shall regulate, if necessary, the required measures dealing with the legal effects produced by the ordinance during its application.