Lecture Notes on Executive and Judicial Power in Romania

Flashcards of key vocabulary and concepts from lecture notes on the Executive and Judicial Branches in Romania.

The three-fold function of the President of Romania

Represents the Romanian state, safeguards national independence, unity, and territorial integrity, and mediates between state powers and between the state and society.

One way the President can influence the judiciary

Appointing judges and prosecutors upon proposal of the Superior Council of Magistracy.

The method of electing the President of Romania

Universal, equal, direct, secret, and free suffrage using a two-round uninominal majority poll.

Eligibility requirements to run for President of Romania

Candidate must hold Romanian citizenship and residency, have the right to vote, not be forbidden to join political parties, be at least 35 years old, and not have served more than two presidential mandates.

Law 370/2004 restriction on presidential candidates

The persons who have been elected twice previously in the presidential office may not run for elections.

Requirements for submitting candidacy proposals

Proposals must be in writing, signed by party leaders or the independent candidate, comprise sufficient identification elements, include a statement of acceptance, a statement of wealth, a statement regarding collaboration with Securitate, and a list of supporters.

Deadline to submit proposals for the candidates running for presidential elections to the Central Electoral Bureau

No later than 30 days from the date of elections.

Winner of the second round of Presidential elections

The candidate who meets a relative majority, i.e., the most valid votes.

The body that establishes and makes public the date of the elections

The Government.

The only authority enabled to cancel the Presidential elections

The Constitutional Court.

Length of the presidential mandate in Romania

Five years, beginning with the administration of the oath of faith.

Events that cause the early cessation of the presidential mandate

Resignation, deposed, incapacity of exerting attributions, or decease.

When the interim of Romanian presidency is enabled

When the office of President becomes vacant, when the President is impeached, or when he or she is temporarily incapable of exerting his or her attributions.

Aim of preventing the President from being a political party member

Ensuring the neutrality of the President as a 'mediator of powers within the state' and protecting the presidential mandate from external influence.

Grounds for initiating the procedure of impeaching the President of Romania

Severe acts which breach the provisions of the Constitution.

Time frame for organizing a national referendum after the impeachment of the President

Within 30 days from the approval of the impeachment proposal.

The party responsible for the prosecution of the President of Romania

The Prosecutor General of the Romanian High Court of Justice upon the decision of formal accusation of Parliament.

The vacancy of the office of President of Romania

Subsequent to resignation, deposition from office, the permanent incapacity of exerting the attributions of President, or decease.

Composition of the Government of Romania

The Prime Minister, Ministers, and other members as provided by organic law.

Constitutional duty of the Government

Ensuring the carrying out of the home and foreign affairs of the state and the general governance of the public administration.

Constitutional attributions of the Government

The exercise of legislative initiative, informing Parliament, assuming political responsibility, and notifying the Constitutional Court.

The unjustified refusal to present information requested by the Chamber of Deputies

A crime and is sentenced with 6 months to 3 years of detention.

What the procedure of forming the Government has been dealt with

The procedure of forming the Government has been dealt with in the section: “means of action and control of the Executive over the Legislative.

The Prime Minister

Is the head of the Government and coordinates the activity of its members, respecting the attributions thereof.

The Administrative Staff of the Prime Minster

The counsellors’ staff of the Prime Minister; the compartment for monitoring major programmes of national interests provided in the programme for government; the technical staff of the counsellors’ staff; the cabinet of the Prime Minister; the chancellery of the Prime Minister; the compartment for special affairs; the compartment for classified documents; the compartment for the protocol of the Prime Minister.

Operational and organizational principles of the judiciary

Equity before justice, free access to justice, the independence of the judges, courts of law organized in councils, public and oral proceedings, the rule of three degrees of jurisdiction, and no courts of exception.

The principle of equity before justice

All persons have equal rights to be judged by the same courts of law and by the same rules of procedure, with no discrimination.

Meaning of Equity prior to justice

All persons have equal rights to be judged by the same courts of law and by the same rules of procedure, with no discrimination made.

Constitutional provisions for equity before justice

Guarantee citizens equality before the law and public authorities, regardless of various factors.

Examples of specialized courts of law

Courts for minors and family, courts for labor conflicts and social security, commercial courts, and courts responsible for fiscal and administrative claims.

Constitutional provisions regarding language in court

Citizens belonging to national minorities to express themselves in their mother tongue and foreigners/stateless persons to use an interpreter.

Expressly marked by the constitution the principle of free access to justice

Every person being entitled to bring cases before the courts for the defense of his legitimate rights, liberties, and interests.