The Romanian government

The Law nature of the Romanian Government

The Government is the central authority of executive power, which works on the vote of
confidence by the Parliament and to ensure implementation of the domestic and foreign policy of
the country, and exercise the general management of public administration. The Government was
also part of the public administration system components, occupying in the system principal
place, as body the supreme system principal place, as the supreme body of the system, the
conclusion which may be reached based on the provisions of the article 101 paragraph 1 of the
omanian !onstitution, according to which "the government exercise the general management
of public administration#.
The role and functions.
The government has the role to ensure the functioning and balanced development of the
national economic and social as well, as its connection to the world economic conditions in
promotion of national interests. $n the exercise of its powers, the Government shall cooperate
with the social bodies concerned, such as trade unions and associations. The government is
responsible for public order, national defense, as well as of the relationships of that %tate to other
states.
The Government shall be organi&ed and operate in accordance with constitutional
provisions, based on the government program accepted by the Parliament.
'or the implementation of the government program the Government shall exercise the
following functions(
) the strategy function, ensures the development of the strategy for the implementation of the
government program*
) the regulation function , which ensures the development and institutional framework necessary
for the purpose of achieving strategic ob+ectives*
) the function of state property administration, ensures that public and private state property is
administered as well as managing the state services in which the state is responsible.
)the function of representation, which provide in behalf of the omanian state, the representation
on the internal and external plan*
) the function of state authority, ensures that the monitoring and follow)up of the implementation
and compliance with the rules in the area of defense, public order and national security, as well
as in the economic and social fields and for the functioning institutions and bodies which they
carry out their activities in the subordination or under the government authority.
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Government investiture.
The President of omania shall designate a candidate for the position of
prime minister, after consultation with the party which had absolute ma+ority in the
Parliament, or if there is no such a ma+ority, the parties represented in Parliament
ensure parliamentary support for the future government. There can be no
conception o a designated candidate for the position of prime minister without a
strong support from some strong political parties, regardless if the person is a
candidate or regardless of political realities. $n the government there may be
delegated ministers, with special missions in addition to the prime minister,
referred to in the list of the government presented to Parliament for the vote of
confidence. !andidates to the office of prime minister will ask, within 10 days of
appointment, for the vote of confidence from Parliament about the program and the
registration of the complete government list. $t is obvious that the program
expresses the government design of the ruling party or coalition of the parties that
make it up in order to rule.
The program and government list are debated by the !hamber of ,eputies
and the %enate, in a +oint session. Parliament shall grant confidence to the
government by a ma+ority vote of the deputies and senators with the ob+ect being
the program in its final form and the list of the government assembly. -.rticle10/
of the !onstitution0. The prime minister and other members of the government
submit individually, before the President of omania, the oath of allegiance to the
country and its people, having the same content as president1s oath.
Incompatibilities.
.ccording to .rticle 2 of 3aw no. 4052001, the government members may be the persons(
) that only have omanian citi&enship and residence in the country*
) that have electoral rights*
) have not suffered any criminal convictions and are not one of the cases of incompatibility.
$n this aspect , the !onstitution, in .rticle 16 paragraph / that access public, civil or military
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domains may be occupied only by persons who have only omanian citi&enship and residence in
the country.
.lso according to .rticle 107 of the !onstitution the function of government member
shall be incompatible with the exercise of public authority, with the exception of a ,eputy or a
senator.
.lso it is incompatible with the exercise of professional representation whether salaried
within organi&ations with commercial purpose and other incompatibilities established by organic
law.
The duration of the terms of office in the government .
The government as a whole and each of its members shall exercise the mandate from the
date of taking the oath. .lthough the Parliament is elected for a term of 8 years, this may be
extended by an organic law in the event of war or catastrophe.
The government mandate may be terminated before the date of validation for the
parliamentary elections, as a result of its dismissal. The Government is dismissed in the
following situations(
a0following the adoption of a motion confidence*
b0the loss of the government member 9uality of the prime minister.

.ccording to .rticle 104 -20 in con+unction with .rticle 107 of the !onstitution, it
appears that the prime minister loses the membership of the government as a result of(
)revocation*
)resignation*
)suspension
)death*
)intervention for a state of incompatibility*
)loss of electoral rights -mental deliberates, criminal conviction, determination and of the other
citi&ens or determination of residence abroad0*
)the impossibility to exercise powers for more than 87 days.
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The prime minister.
The prime minister leads the government and co)ordinates the activities of its members,
in compliance with legal powers of which they are responsible.
The :inister shall appoint and fires leaders form the special organs that are subordinate
to the ministry. The leaders of public services decentrali&ed shall be appointed and shall be
released by the prime minister, with advisory opinion of the prefect. The Government shall
appoint a Prefect in each county as the representative of the government in the territory.
The prime minister shall represent the government in its relations with the Parliament, the
President of omania, %upreme !ourt of ;ustice, the !ourt of .uditors, !onstitutional !ourt,
3egislative !ouncil, Public :inister, other authorities and public institutions, political parties
and political alliances, trade unions, and other non)governmental organi&ations, as well as
international relations.
The prime minister is vice president of the <ational ,efense %upreme !ouncil and shall
exercise all the powers deriving from that 9uality.
Government relations with the Parliament.
The prime minister shall submit to the !hamber of ,eputies and the %enate reports and
statements on Government policy and will respond to 9uestions and the interpellations addressed
by deputies and senators.
The prime minister may designate a member of the government to answer the 9uestions
and the interpellations addressed by the deputies and senators, on the basis of the field of activity
which is the sub+ect reply. The prime minister countersigned decrees issued by the President of
omania, in case the !onstitution provides that he countersigns them.
The government is gathered, as a rule every week or whenever necessary, at the re9uest
of the prime minister. The members of the Government are entitled to attend the proceedings of
Parliament and, if they are re9uested to be present, their participation is mandatory.
Government documents .
The members of the government according to the !onstitution may propose pro+ects of
resolutions and ordinances and the law pro+ects, in order to exercise of the right of legislative
initiative. Government decisions and decrees otherwise shall be signed by the prime minister and
shall be countersigned by the ministers who have to carry them into execution. =oth decisions
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and orders are sub+ect to the obligation of the publication in the >fficial :onitor, with the
exception of those with military character which shall be conveyed only to the institutions
concerned. The sanction of any breach of obligation of publication is non)existent document.
The parliament can adopt a special law enabling the government to issue orders in fields
outside the scope of organic laws, carrying what is called legislative delegation.
The enabling law to lay down the field and the date up to which orders can be issued. $f the
enabling law so re9uests, orders shall be submitted to Parliament for approval, according to the
legislative procedure, until expiration of the enabling.
The President of omania may participate in the meetings of the government which have
as their ob+ect matters of national interest on foreign policy of the government, ,efense of the
country, ensure public order.
$n the case where it is present, the President of omania shall preside over cabinet meeting.
.lthough presiding over a meeting, by this the President of omania does not become, in
that situation member of the Government. The president is not participating in the adoption
+udgments of the Government, by expressing a vote, but only his opinion with regards to those
measures.
$n the meetings of the Government may participate as invited heads of departments,
secretaries of state which are not members of the government, as well as any other persons
whose presence it is considered to be useful to decision of the prime minister.
Responsibility of members of the government.
?ith regard to criminal liability, based on !onstitution, only the !hamber of ,eputies,
the %enate and the President of omania shall have the right to seek prosecution of members of
the Government for acts committed in the exercise of their function. $f such criminal prosecution
has been re9uested, the President of omania may decree that they are to be suspended from
they1re function. !riminal investigation will be carried out by the prosecutor general of the
%upreme !ourt of ;ustice and their +udgment by the %upreme !ourt of ;ustice, according to the
law.
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Termination of member of the government.
.s a member of the Government shall cease upon(
)resignation
)revocation
)loss electoral rights
)incompatibility
)death
)dismissal.
esignation from the position of member of the Government shall be publicly announced
and shall be filed in writing of the prime minister and becomes irrevocable from the time when it
was noted the submission, but not later than 17 days from the date of deposit.
evocation from function of a government member shall be made by the President of
omania, by decree, at the proposal of the prime minister. evocation takes place in the event of
government reshuffle.
$n the event that a member of the government was sentenced by a +udicial decision final
or his fortune has been declared, in whole or in part, as having been gained the unlawful, by a
+udicial decision irrevocable, he is dismissed by the President of omania, at the proposal of the
prime minister.
$n accordance with the !onstitution, the President of omania can not revoke, personally,
the prime minister. =ut how the Parliament can1t also, personally, staff, the prime minister, it
appears that he loses 9uality of prime minister only as the result of a motion of no confidence,
when it is dismissed the entire government. The motion of censure may be initiated by at least
one)9uarter of the total number of deputies and senators, and shall be notified to the Government
of the date of the submission of it is going to be debate after / days of the date of presentation in
the +oint session of the !hambers. The Government shall be considered dismissed by a ma+ority
vote of the deputies and senators and if the claim is re+ected, the deputies and the senators may
not initiate, during the same session, a new motion of no confidence, except when the
government assumes responsibility of a program or a statement of general policy.
?hereas in this situation there is not a Government, therefore there can no longer
function a prime minister. >ut of that results that the situation of members of the government it is
dependent on the situation of the prime minister. $f the parliament is dissatisfied with the prime
minister, this dissatisfaction is reflected on the entire government, on all its members.
%o, conf article 10@ paragraph 1,the government is responsible to the Parliament for its
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entire activity. Aach member of the Government is politically +ointly and severally liable with the
others for the activity and .cts of the Government. %o, most severe penalty that occurs in the
case the governmentBs taking responsibility was the dismissal by withdrawing confidence by the
Parliament. conf .rticle 112 of the !onstitution, the !hamber of ,eputies and the %enate, in a
+oint session, withdraw confidence from the government through the adoption of a motion of no
confidence by a ma+ority vote of the deputies and senators
$n the case where termination of membership of the government occurs as a result of his
resignation, and electoral rights, the incompatibility, of the death in other situations as provided
by law.
The President of omania, at the proposal of the prime minister, takes note of this and
declares holiday as a member of the government.
Bibliography:
1.The omanian !onstitution.
2. .dministrative law) !onf. univ. dr. !li&a :arta !laudia-
/.www.wikipedia.org
8.elis.univnt.ro
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Individual reprivment is the clemency act, accorded by Romanian President
(Article 94 point D of Romania's Constitution), for umanitarian !roun"s on
personal circumstances of rec#less "arin!, an" of te persons in its up#eep,
aime" to rule $en care allo$ance to te inte!ration of te pre%ious score"
$as !i%en&
At present, single reprivment leads has legal basis in disposition Article 94
point D of Constitution and disposition La !4"#$%%$ concerning reprivment
and procedure given reprivmen
Amnest' consists in "ecriminali(ation of acie%e" o)ence in a certain perio"
of time or *' some people& +erefore, amnest' "is# to committe" facts&
Accor"in! to Article 73 (3) (i) of Constitution, amnest' is or!anicall'
re!lemente" *' la$& ,ein! a eliminate li*el from, amnest' as te e)ect not
performin! !i%en con"emnation an" te oter coul" cause arisin! from
con%iction, if su*se-uentl' con"emnation o)ence $as amnestie"&
.