The real power of the President of Romania: What the Constitution says

Although the candidates promise major changes, the power of the President of Romania is limited by the Constitution. The fundamental law clearly establishes what the head of state can do.

The president is the guarantor of independence, unity and territorial integrity of the state

“The President of Romania represents the Romanian state and is the guarantor of national independence, unity and territorial integrity of the country. The President of Romania watches over the Constitution and the good functioning of the public authorities. For this purpose, the president exercises the mediation function between the state powers, as well as between the state and the society”, Shows the first article in the Constitution of Romania regarding the duties of the president, which the citizens are to choose on May 4 and 18.

According to the fundamental law of the state, the president represents the state external, having duties in foreign policy and defense. He is the supreme commander of the army and convenes the CSAT. He also appoints the prime minister and promulgates laws.

The head of state is the one who designates a candidate for the position of prime minister and appoints the Government based on the vote of confidence granted by the Parliament.

He can also dissolve the Parliament, but only after consulting the presidents of the two Houses and the leaders of the parliamentary groups, if the legislature did not give the vote for the Government formation within 60 days from the first request and only after rejecting at least two investment requests. This can happen only once during a year and not in the last 6 months of mandate.

The president is also the one who can convene a referendum, but after consulting the Parliament.

Foreign policy

Regarding the foreign policy, the head of state signs international treaties on behalf of Romania and submits them for ratification of the Parliament. But these are self -worked by the government.

Also at the Government’s proposal, the President of Romania accredits and recalls the diplomatic representatives of the state. It also approves the establishment, abolition or change of the rank of diplomatic missions.

Defense

“In case of armed aggression, against the country, the President of Romania takes measures to reject the aggression and brings them to the Parliament, by a message”, shows paragraph 3 of Article 92.

The President of Romania is the commander of the armed forces and fulfills the position of president of the Supreme Council of Defense (CSAT), which he can convene. Thus, he can declare, with the prior approval of the Parliament, the partial or total mobilization of the armed forces.

In exceptional cases, the president’s decision is submitted after the Parliament’s approval, no more than 5 days after adoption. If the Parliament is not in the session, it is summoned within 24 hours of the aggression.

The same is true in the case of establishing the state of siege or emergency, which is also part of the president’s duties. These can be instituted at the level of the whole country or only in some administrative-territorial units. Parliament approves within 5 days of taking it.

Other tasks

The President of Romania also fulfills the following tasks: a) confers decorations and titles of honor;

b) grants the degrees of marshal, general and admiral;

c) appoints in public functions, under the conditions provided by law;

d) grants individual pardon.

In the exercise of his duties, the president of the country issues decrees that are published in the Official Gazette of Romania. Non -publication attracts the non -existence of the decree. It is also countered by the prime minister.

How the head of state is chosen

The head of the Romanian state wins from the elections in two elections, a 5 -year term. He is chosen by universal, equal, direct, secret and freely expressed vote. No person can perform the position of president more than two mandates, which can also be successive.

The Constitution also shows that the president could be elected from a single approach, but only if a candidate would meet the majority of votes, that is 50% plus one of Romanians with voting rights, a difficult condition.

In order to be put into office the new president, several steps must be fulfilled. The result of the elections for the position of president of Romania must be validated by the Constitutional Court.

Subsequently, the candidate whose choice was validated deposits in front of the Chamber of Deputies and the Senate, in a common meeting, the following oath: “I swear to give me all the power and skill for the spiritual and material propagation of the Romanian people, to respect the Constitution and the laws of the country, to defend the democracy, the fundamental rights and freedoms of the citizens, the sovereignty, independence, unity and territorial integrity.

The President of Romania cannot be a member of a party, cannot fulfill another public or private function and enjoy immunity.