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Sistem Administrativ Dragos Dinca En

Sistem Administrativ Dragos Dinca En

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Published by: Dragos Dinca on May 31, 2012
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The President is part of the executive power. In Romania the model of
organisation of the executive power is that of the two-headed or dual executive1
.

The Romanian Constitution, republished, gives the President four
important functions: the representational function, the function of guarantor of
national independence, unity and territorial integrity of the country, the function
of safeguarding the Constitution, and the function of mediator2
.
The President is the head of the state and the top authority of the executive
power. In this quality, he/she represents the Romanian state and is the guarantor
of the national independence, unity and territorial integrity of the country both in
the internal and international relations of the country3

. The President4

exercises
the state authority just like other public authorities such as the Parliament and the
Government, but, unlike these, he/she personifies the state authority5
.
At national level, the president’s roles include, among others,
promulgating laws, an act whereby the laws are invested with executory power,
and guaranteeing the independence of the country. At the level of the external
affairs, the president accredits ambassadors, receives letters of accreditation, signs
international agreements on behalf of the Romanian state etc.
The President is the guarantor of the national independence and of the
unity and territorial integrity of the country. He/she has a series of important
prerogatives which enable him/her to fulfil the role of guarantor of the above

1

According to this model, the executive power is balanced between the head of the state and the
Government, each of them having a different legitimacy. The President has a popular legitimacy,
as a result of his direct election by the people, while the Government is appointed by the head of
the state based on the vote of confidence given by the Parliament.

2

Art. 80 of the Constitution, republished, published in the Official Gazzette, Part I, nr. 767 of

October 31st

, 2003.

3

Although the Constitution does not mention anything in connection with this, the representational
function of the President refers both to Romania’s internal and international relations. This
conclusion is derived from the international constitutional custom.

4

Parliament is not granted the prerogative of representing the Romanian state, whereas the
president is expressely granted this prerogative by the Constitution.

5

Al., Ioan, Mihaela Cărăuşan, S. Bucur, Drept administrativ şi procedură administrativă. Editura
Lumina Lex, Bucureşti, 2005, p. 198.

The Romanian Administrative System – French Inspiration and National Adaptation

44

mentioned values: he/she presides over the Supreme Council of National Defence,
he/she is the supreme commander of the armed forces, he/she can declare, with
the prior assent of the Parliament, the partial or general mobilization of the
military forces, he/she declares the siege or emergency state, according to the
law6
.

Art. 80 (2) of the Constitution also gives the President the prerogative of
safeguarding the Constitution and the well-functioning of the public authorities.
However, the Constitution does not mention the notion of presidential review, and
therefore it does not give the President the competence of directly exercising a
constitutionality review; instead, according to the Constitution, the President has
the right to inform the competent public authorities. In this sense, the President is
considered to act directly by informing the Constitutional Court with respect to
the constitutionality of a law committed to him/her by the Parliament for
promulgation7

.

Art. 80 (2) also states that, in order to safeguard the Constitution and the
well-functioning of the public authorities, the President has the role of mediator
between the powers of the state, as well as between the state and society. This
mediation refers to arbitrating a conflict among the three constitutional powers.
As mediator or arbiter, the President has to be impartial. Impartiality is also
facilitated by the President’s not being a member of any political party. 8

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