Political Institutions and Constitutional Procedures in Romania

UNICAMERALISM VS. BICAMERALISM

• Historically, unicameralism is adopted in unitary states, while bicameralism is adopted in federal states.
• Unicameralism is prevalent in Northern Europe and can be found in Portugal, Greece, and countries in the ex-Soviet bloc (Hungary, Bulgaria, Slovakia, Moldova, Estonia, Latvia, Lithuania, Ukraine).
• Reasons for preferring unicameralism:
  • Rivalry between two chambers in terms of legislative supremacy.
  • Fluent legislative process.
  • Lower parliamentary costs.
• A. Lijphart's study “Democracies…” (1984) shows that unicameralism is chosen due to its advantages. New Zealand (1950), Denmark (1953), and Sweden (1970) shifted from bicameralism to unicameralism.
• After 1990, Peru, Afghanistan, and Zimbabwe transitioned to unicameralism, while 15 states adopted bicameralism, indicating no clear tendency.
• Bicameralism may be preferred for dividing and limiting power and increasing the quality of Parliamentary activity.
• Bicameralism is more prevalent in federal states because states or regions need representation in Parliament.
• Arguments supporting bicameralism in unitary states:
  • Technical: Increases the quality of the legislative process and tempers the zeal of the Lower Chamber.
  • Political: Combines representation at the national and local levels.
• The first chamber is elected directly, while the second chamber's members can be appointed or elected indirectly or directly.
• Bicameralism can be unsymmetrical or symmetrical, based on the attributions of the Chambers of Parliament.

THE BICAMERAL STRUCTURE OF ROMANIAN PARLIAMENT

• The Constituent Assembly of 1991 chose a bicameral structure, representing a tradition in Romanian democratic constitutions.
• Psychological and political factors influenced the shift towards bicameralism:
  • Psychologically, it was a reaction against the socialist unicameral model.
  • Politically, it resulted from the reappearance of historical parties linked to the bicameral system.
• Bicameralism was a factual reality during parliamentary debates (Decree-Law 92/1990).
• Romanian bicameralism, according to the Constitution of Romania of 1991 (amended), has two characteristics:
  • Diminished symmetric nature: The prerogatives of the two Chambers are similar, but the amendment of the Constitution led to a functional differentiation. There is a Decisional Chamber and a Reflection Chamber, functioning according to the principle of specialization.
    • The Chamber of Deputies is the Decisional Chamber in matters of common law, with the Senate as the Reflection Chamber.
    • For treaties and organic laws regulating national institutions, the Senate is the Decisional Chamber, and the Chamber of Deputies ensures the Reflection Chamber role.
  • The symmetric nature is maintained due to the identical appointment of the two Chambers, and their shared role as Decisional and Reflection Chamber.
• Both Chambers are elected through universal suffrage.
• Differences between the two Chambers of Parliament:
  • The Chamber of Deputies has 332 deputies, while the Senate has 137.
  • Although both have the same democratic legitimacy, the Senate's political role is slightly diminished in plenary common sessions.
  • To equalize rights, Professor Tudor Draganu suggests crediting 140 Senators with 345 votes in joint sessions.
  • To become a Senator, one must be at least 33 years of age, while a Deputy has to be at least 23 years of age.
  • In case of a vacancy of the presidential seat, the interim is ensured by the President of the Senate, or in their absence, by the President of the Chamber of Deputies.
  • The Senate validates the 14 members of the Supreme Council of Magistrates appointed by the General Assembly of the Magistrates and appoints the 2 representatives of the civic society for the same institution.
• The above-mentioned differences do not alter the symmetric nature of Romanian bicameralism.
• Symmetric bicameralism, inspired by the constitutional experience of Italy and Belgium, has advantages:
  • Avoids the concentration of power within Parliament thanks to the distribution to the two Chambers which prevent each other from becoming the support for despotic or totalitarian regimes.
  • Improves the quality of the legislative process through successive debate of bills.
  • More efficient control over the executive by two Chambers.
• Symmetric bicameralism has led to the two Chambers paralyzing each other’s activity; the amendment of the Constitution to ascribe a different role for each Chamber and abolish the mediating attributions aims at making the decisional mechanisms more efficient, but cannot change the symmetric nature.
• The nature of Parliament is "hybrid", acting as both a unicameral and a bicameral one:
  • Although in principle they hold separate sessions, in many situations, the Chamber of Deputies and Senate reunite in common sessions.
  • Situations in which the two Chambers work in common session:
    • The debate over the list and programme of the government as well as the investment procedure.Article \ 103, paragraph 3 of the Constitution
    • The withdrawal of confidence in the government through a no-confidence motion.article \ 112, paragraph 1
    • The debate of the programme, the general political declaration or of the bill upon which the government assume their responsibility.Article \ 114, paragraph 4
    • The re-examination of legislation, upon proposal of the President of Romania, whenever it has been adopted in common session.Article \ 114, paragraph 4
    • The examination of reports drafted by the Supreme Council of National Defense of Romania and of the Court of Accounts of Romania (Article \ 65, paragraph 2(g) and Article \ 140, paragraph 2)
    • The Assitance to the message of the President of Romania (Article \ 65, paragraph 2(b))
    • The approval of the state budget and of the budget for social security (Article \ 65, paragraph 2(b)), of the rectifying budget laws and of the budgetary implementation account
    • The administration of the oath of office by the President of Romania (Article \ 82, paragraph 2)
    • The declaration of partial or total mobilization and of the state of war (Article \ 65, paragraph 2(c, d))
    • The formal accusation of the President of Romania for high treason (Article \ 96, paragraph 1)
    • The impeachment of the President of Romania or of the person who is ensuring the ad-interim in the exercise of the prerogatives thereof, if his or her actions are in disagreement with the provisions of the Constitution (Article \ 95, paragraph 1 and Article \ 99$)
    • The approval of the state of siege or the state of emergency declared by the President of Romania at national or regional level (Article \ 93, paragraph 1)
    • The proclamtion of the results of national referenda
    • The welcoming of representatives of other states or of international organizations
    • The discussion of the status of Deputies and Senators, the discussion of salaries and of other rights of MPs (Article \ 65, paragraph 2(j))
  • The Romanian Parliament functions in many situations, including in the area of enacting laws, as a unicameral body.
• The Romanian symmetric bicameralism is hardly the best solution, even with its advantages.

The internal structure of Parliament

• The internal structure of Parliament pursues to achieve an effective management of the activity of Parliament.
• The internal components of the Parliament are provided in the Constitution and in the Regulations of the two Chambers of Parliament.
• Parliamentary regulations may become subject to the control of constitutionality exercised by the Constitutional Court.
• The internal bodies of Parliament are based on the principle of political composition of the Chambers. This principle prevents the tyranny of the majority and allows the minority to express itself.
• Parliament is organised in:
  • The Standing bureau;
  • The President of the Chamber;
  • Parliamentary groups;
  • Parliamentary committees;
  • The Committee of the leaders of the parliamentary groups.
• The role of these internal bodies is stipulated by the Regulations of the Chamber of Deputies, by the Regulations of the Senate and by the Regulations of common sessions.

The Standing bureau

• Each chamber elects its own standing bureau–a college with permanent activity.
• The standing bureau, according to Article \ 64 paragraph 5 of the Constitution, must accommodate members in accordance with the political composition of the Chamber.
• The principle of majority is moderated by the principle of political composition for the election of the members of the Standing bureau.
• The Standing bureau is composed of a president, 4 vice-presidents, 4 secretaries, 4 quaestors.
• The presidents of the standing bureau are elected for the period corresponding to the mandate of the Chambers whereas the other members of the standing bureaus are elected for one parliamentary session.
• Each parliamentary group can propose a candidate for the seat of President of the chamber.
• The candidate having gained the votes of the majority of the deputies and senators, respectively, is appointed President.
• In the case of the Chamber of Deputies, if none of the candidates has obtained a majority of votes, the procedure undergoes additional voting rounds; the candidate having obtained the majority of votes is appointed President of the chamber, under the conditions of the quorum stipulated by Article \ 67 of the Constitution.
• The election of the vice-presidents, secretaries and quaestors composing the Standing bureau is performed upon the proposal of the parliamentary groups, by respecting the political composition of the chambers.
• The propositions of the parliamentary groups are not subject to the vote of the Chambers.
• The election is based on a secret ballot and is performed by means of ball ballots.
• The president of the Chamber of Deputies and any other member of the Standing bureau may be repealed before they have concluded their mandates by a majority vote of the deputies.
• A repealment proposal must be drafted and signed by the initiators.
• The Standing bureau has the role:
  • to propose the opening and closing dates of the parliamentary sessions;
  • to address the President of the chamber in matters of convening an extraordinary session.
  • to lay for ratification the Regulation of the Chamber and the modification proposals, in the plenary assembly of the chamber.
  • to lay for ratification the draft budget of the Chamber and the hearing report of the financial year.

The President of the chamber

• The Presidents and the other members of the Standing bureau are elected subsequent to the legal constitution of the Chambers.
• The president of each chamber is also the president of the Standing bureau which also includes 4 vice-presidents, 4 secretaries and 4 quaestors.
• The president is elected for the entire period of the mandate of the chamber by means of a secret ballot.
• Each parliamentary group can make but one proposal.
• The candidate having gained the votes of the majority of the deputies and senators, respectively, is appointed President.
• In the case of the Chamber of Deputies, if none of the candidates has obtained a majority of votes, the procedure undergoes additional voting rounds; the candidate having obtained the majority of votes is appointed President of the chamber, under the conditions of the quorum stipulated by Article \ 67 of the Constitution.
• The President of the Chamber has the role to:
  • convene the deputies and senators in ordinary and extraordinary sessions;
  • organize aspects of the Chamber’s work and seeks to maintain order during debates and observes that the Rules of Procedure be respected.
  • recognise for debate, to moderate the debates, to summarize the problems debated, to establish a voting order.
  • state the significance of the vote and makes the result thereof public.
  • organize aspects of the work during the meetings of the Standing bureau;
  • notify the Constitutional Court as provided in Article \ 146 letters a), b) and c) of the Constitution
  • represent the Chamber of Deputies in national and international relations.

Parliamentary groups

• According to the Rules of Procedure, deputies and senators who have run for elections belonging to the same party or of the same political groups may associate in order to form parliamentary groups.
• A parliamentary group must be comprised of at least ten deputies (in the case of the Chamber of Deputies) and seven senators (in the case of the Senate).
• Parliamentary groups mirror the political composition of the Chambers

Parliamentary committees

• The standing committees are the operational divisions of the Chambers which examine draft laws, bill proposals and amendments with a view to drafting the due reports and issuing the advisory opinions on the respective legal documents.
• Standing committees are elected for the entire period of the legislature’s mandate.
• Standing committees of the Chamber of Deputies:
  • The Committee for Economic Policy, Reform, and Privatization
  • The Committee for Budget, Finance, and, Banks
  • The Committee for Industries and Services
  • The Committee for Agriculture, Forestry, Food Industry and Specific Services
  • The Committee for Human Rights, Cults and National Minorities Issues
  • The Committee for Public Administration Territorial Planning and Ecological Balance
  • The Committee for Labour and Social Protection
  • Committee for Health and Family
  • The Committee for Education, Science, Youth, and Sport
  • The Committee for Culture, Arts, Mass Information Means
  • The Committee for Legal Matters, Discipline, and Immunities
  • The Committee for Defense Public Order, and National Security
  • The Committee for Foreign Policy
  • The Committee for the Investigation of Abuses, Corrupt Practices, and for Petitions
  • The Committee for Standing Orders
  • The Committee for information technologies and communications
  • The Committee on Equal Opportunities for Women and Men
• Standing committees of the Senate:
  • The legal committee for appointing, discipline, immunities and validations
  • The Committee for budget, finances, banking and stock market
  • The economic committee– industry and services
  • The committee for agriculture, forestry and rural development
  • The committee for foreign policy
  • The committee for public administration, territorial organization and environment protection
  • The committee for defence, public order and national security
  • The Committee for labour, family, and social security
  • The committee for education, science, youth and sports
  • The committee for public heath
  • The committee for culture, art and mass-media
  • The committee for privatisation and administration of the state’s assets
  • The committee for abuse investigations, fight against corruption, and petitions
  • The committee for the Rules of Procedure.
• Joint standing committees:
  • Committee for drafting the law of revision the Constitution
  • Joint Standing Committee of the Chamber of Deputies and the Senate for the exercise of parliamentary control over the activity of the Romanian Intelligence Service (SRI)
  • Joint Standing Committee of the Chamber of Deputies and the Senate for the exercise of parliamentary control over the activity of the Foreign Intelligence Service (SIE).
  • Joint Standing Committee of the Chamber of Deputies and the Senate for drafting the electoral law, law of financing political parties and political campaigns
  • Joint Standing Committee of the Chamber of Deputies and the Senate for compensations to revolutionaries from 1989
  • Joint Standing Committee of the Chamber of Deputies and the Senate regarding the Statute of Deputies and Senators
  • Joint Standing Committee of the Chamber of Deputies and the Senate for relations to UNESCO
  • Joint Standing Committee of the Chamber of Deputies and the Senate for european integration between Romanian Parliament and the Parliament of Republic of Moldova.
• Special joint standing committees:
  • The joint special committee of the Chamber of Deputies and the Senate responsible for drafting the bill on mineral explotation.
  • The joint special committee of the Chamber of Deputies and the Senate for joining Schengen Area

The committee of the leaders of parliamentary groups (the Chamber of Deputies, exclusively)

• The committee of the parliamentary groups leaders is formed of the leaders of the parliamentary groups constituted according to the political composition
• The committee has the following assignments:
  • ratifies the agenda of the Chamber’s meetings and its working schedule as well as the modifications or additions to the Orders of the Day or to the approved schedule
  • proposes, in plenary assembly, a method of organizing the debates by granting each parliamentary group the time to take the floor in the Chamber’s meeting
  • may include in the Orders of the Day the debate over a draft bill or a bill proposal which was delayed.

THE PARLIAMENTARY MANDATE

• The Parliamentary mandate can be defined as “a public dignity elected by the people in view of exerting through representation national sovereignty and which has certain rights provided in the Constitution and other laws."
• The Parliamentary mandate is representative and is characterized by generality, independence and irrevocability.
• Concerning its judicial nature, the parliamentary mandate is a mandate pertaining to constitutional law.
• Parliament is mandated by the people and not by political parties.
• The party cannot impose the MP how to exert his or her right to vote, this being a binding mandate, forbidden by the Constitution.

Acquiring the Parliamentary Mandate

• In order for a person to be eligible for a seat in Parliament, he or she must fulfil the following conditions:
  • to be a Romanian citizen
  • to have his or her residence in the country
  • to be at least 23 years of age in order to become a Deputy and at least 33 of age in order to be elected for Senate.
  • to have the right to be a member of a political party.
• The parliamentary mandate is obtained in the conditions of universal suffrage.
• The parliamentary mandate consists of 4 years.
• It can be extended by rights, in the following situations:
  • in the case of state of war, siege or emergency until the cease thereof, as well as until the legal investment of the new Parliament.
  • The preliminary stages of the parliamentary mandate are:
    • the issuance by the Bureau of the Electoral Constituency of the certificate proving the election of the MP upon the informing of the Central Electoral Bureau
    • the legal reunion of the new Parliament
    • The two newly elected Chambers reunite upon convocation of the President of Romania within 20 days from the elections
    • the legal constitution of the new Parliament through the validation of at least two thirds of the mandates
    • the administration of the oath of faith.
• In view of validating the parliamentary mandates, both Chambers of Parliament elect during their first meeting – presided by the most senior Deputy and Senator respectively, assisted by 4 secretaries appointed among the youngest MPs – a validation commission consisting of members of the respective Chamber.
• The validation commission must respect the political configuration of the Chamber, the way it resulted from the elections.
• The validation commission elects a president and 2 vice-presidents who build up its bureau.
• The bureau of the commission assigns to the work groups of the validation commission (9 work groups in the Chamber of Deputies, 4 in the Senate) the files referring to the election of deputies received from the Central Electoral Bureau, with the exception of the members of the work groups.
• The bureau of the validating commission checks the legality of the appointing procedure of the Deputies building up the work groups.
• The validation commission checks and states on:
  • the unsolved objections or the objections solved disregarding the legal provisions relative to the objection solving procedure contained by the files received from the Central Electoral Bureau
  • the fulfilment by every Deputy of the eligibility conditions
• The validation commission proposes the invalidation of the election of a Deputy if the legal provisions regarding the eligibility conditions are disregarded and if there is a definitive sentence of condemnation regarding the infringement by a Deputy of the electoral procedure.
• Within 4 days from the constitution, each commission drafts a report containing the name of Deputies and Senators who are eligible for validation.
• The report must be submitted for approval to the validation commission undergoing a voting procedure.
• The mandates are validated if the majority of Deputies respectively by Senators vote in favour.
• The Chamber of Deputies is legally constituted after the validation of at least 2/3 of the number of mandates and the administration of oaths by the Deputies whereas the constitution of the Senate is completed after the validation of at least 3/4 of the number of mandates and the administration of oaths by the Senators.
• The validation of parliamentary mandates by Parliament is contrary to the concept of the separation of powers within the state.
• It would have been normal that the validation procedure of parliamentary mandates be performed by the Constitutional Court.
• The Member of Parliament acquires the mandate once the certificate proving his election has been issued but he or she exerts his mandate since the legal constitution date of the two Chambers, i.e. after the validation of 2/3 of the mandates for the Chamber of Deputies, and 3/4 of the mandates for the Senate and the administration of oaths.
• If the mandate ceases before time, the seat is taken by the first candidate from the waiting list, provided that he or she has not changed his or her political orientation.
• If there are no candidates on the waiting list, the electoral constituency is declared vacant and partial elections are organized for the mandate, except during the last 12 months before the expiration thereof.

MP mandate protection

• The effectiveness of the MP mandate is subject to its independence and protection against certain pressures that are may occur during the term of office.
• The legal doctrine provides for the following protection system of the MP mandate: incompatibilities, immunities and remunerations.

MP mandate incompatibilities

• Incompatibilities aim at protecting Parliament against the potential influence of the Government or of private interests over certain MPs holding a unity of a plurality of offices.
• According to the Constitution and the Rules of Procedure of the Chambers, the incompatibilities of the MP mandate are:
  • Nobody can hold a Deputy and a Senator office at the same time (Article \ 71, paragraph 1 of the Constitution).
  • The Deputy office is incompatible with any other public authority office, except for that of member of government. (Article \ 71, paragraph 2 of the Constitution)
  • A public authority office, incompatible with the office of Deputy or that of Senator, is an office of public administration such as: minister, secretary of state, subsecretary of state, and also secretary of state and subsecretary of state within the specialized organs under the authority of the Government or of the ministries, offices of the Presidential Administration, of the working body of Parliament and of the Government, high offices within the ministries and other public authorities and institutions.
  • The term also refers to local and county counsellor offices, prefects and sub-prefects (and other high offices within the Prefect’s Office), mayor, Deputy mayor and secretary of the administrative divisions, high offices within the decentralized public services of the ministries and of other organs of the administrative division.
  • the position of president, vice-resident, director, manager, member of the board of directors, or auditor in a company, bank or other loan institutions, insurance and financial companies but also in public institutions.
  • the position of chairman or general secretary of the shareholders’ or associates’ general meetings of the previously-listed companies
  • the office of state representative in the general meetings of the previously-listed companies.
  • the position of manager or member of the Board of directors of public utility companies, national companies
  • the capacity of independent entrepreneurs
  • the capacity of member of a group of economic interest
  • a public office awarded by another state, except for those offices stipulated in the agreements or conventions in which Romania participates.
  • the Deputy or Senator who, during his or her term of office wishes to continue his activity as a lawyer cannot plead in the cases which are under the jurisdiction of courts of law angainst the public interest of the Romanian State (e.g.corruption cases). Moreover, he or she cannot plead in Civil or Commercial law cases against the state, public authorities and institutions, national companies; he or she cannot plead in cases against the Romanian State in international courts.
• Deputies and Senators can hold positions in activities such as teaching, scientific research and literary and artistic creation.

Parliamentary immunity

• Parliamentary immunity is the element of the MP mandate that protects the MP against possible pressures or abuses coming from the executive or the judicial powers and secures his or her independence, liberty and safety while he or she exerts the rights and obligations provided by the constitution and by the laws of the country.
• Parliamentary immunity takes several forms:
  • Legal irresponsibility. According to article \ 72, par 1 of the Constitution, the Senator or Deputy cannot be held liable for his/her votes and opinions stated in the fulfilment of his/her mandate. The legal irresponsibility is absolute and perpetual.
  • The inviolability or procedure immunity. The inviolability protects the MP against abusive, offending or intimidating search, retention or arrest.
    • The prosecution and trail can only be performed by the Prosecutor’s Office near the High Court of Justice. The Supreme court of justice is competent to release a judgement.
    • No Senator or Deputy can be retained, arrested or searched without a prior authorization issued by the Chamber he or she is a member of.
    • The request to lift the parliamentary immunity is forwarded to the President of the Chamber by the Ministry of Justice and is analyzed by the Legal committee and of the respective Chamber which decides by a secret ballot.
    • The plenary meeting of the Chamber orders the lift of the parliamentary immunity by secret ballot with simple majority
    • In the case of a flagrant delicto offence, the MP can be retained and searched; the Minister of Justice notifies immediately the President of the Chamber on such measure. The Chamber can prescribe a repealment of a retention measure if considered ungrounded.

MP wages

• Deputies and Senators benefit from a monthly wage and other rights and opportunities in order to assure their financial independence.
• Additionally, MPS benefit on a monthly basis from a fixed amount equal to the monthly wage.

THE ACTS OF PARLIAMENT

• The framework regarding the categories of legal acts passed by Parliament is mainly Article \ 67 of the Constitution.
• According to this article the Chamber of deputies and the Senate pass laws, decisions and motions in the presence of the majority of the members.

The law

• The law is the act passed by Parliament and promulgated by the president of Romania.
• According to article \ 76 of the Constitution, the Parliament of Romania, passes three categories of laws.
  • Constitutional laws are the laws that revise the Constitution
  • Organic laws are the laws passed by Parliament in the areas provided in Article \ 73, paragraph 3 as well as in other domains requiring organic laws, as stipulated by the Constitution.
  • The differences between constitutional and organic laws are:
    • Constitutional laws regard primary constitutional domains, whereas organic laws regard „secondary constitutional legislation”
    • Constitutional laws are passed with a qualified majority (2/3 of the total number of each chamber) and become permanent only subsequent to their approval by referendum. Organic laws, on the other hand, are passed with an absolute majority (half plus one of the total number of each chamber).
  • Content-wise, ordinary laws regard the social relations that are not regulated by a constitutional or organic law.
  • Procedure-wise they are passed with a simple majority (the vote of the majority of all members present of each chamber).

The Decision

• The Decision is the act of one of the Chambers or of the joint parliamentary assembly, united in order to process issues related to their activity.

The motion

• The motion is a legal act of Parliament–the motion of censure–or of the chambers–simple motion–which expresses, as case may be, the legal or political will of the legislatory bodies in certain internal or foreign policy matters.

THE LEGISLATIVE PROCEDURE

• Depending on the diversity of the normative acts that can be passed by Parliament one can distinguish between the ordinary legislative procedure and the special legislative procedure.

The ordinary legislative procedure

• The ordinary legislative procedure is organized in several stages:
  1. The legislative initiative
  2. The approval of the bills or legislative proposals
  3. The evaluation of the bills/legislative proposals in the parliamentary committees
  4. The bill or the legislative proposal is debated and voted in the plenary meeting of the Chamber where it was submitted
  5. The bill or the legislative proposal is sent to the other chamber of Parliament
  6. The second chamber debates upon and finally votes the bill or the legislative proposal
  7. The law is re-evaluated
  8. The law is promulgated
  9. The law is published in the Official Gazette.

The legislative initiative

• According to the Constitution the legislative initiative pertains to:
  • The government
  • The deputies
  • The senators
  • The citizens
• The legislative initiative of the Government results in bills, whereas parliamentary and popular initiatives result in legislative proposals.

The Governmental legislative initiative

• Prior to the notification of the legislative authority, the Government must pass the bill on the basis of the proposed draft and of the sanctions issued by the competent organs.

The parliamentary legislative initiative

• The parliamentary legislative initiative is subject to the following conditions:
  • The legislative proposal ca be signed by one or more MPs.
  • The legislative proposal must be drafted according to the specific requirements that must be met by all bills.
  • In the case which a legislative proposal formulated by MPs implies the modification of the provisions of the state budget or of the budget of state insurances, it is obligatory to require a report from the Government or from other public institutions.

The popular legislative initiative

• The popular legislative initiative can be materialized by a legislative proposal provided that several conditions of Article \ 74$$ of the Constitution are concurrently respected.
• Conditions:
  • the popular legislative initiative must be supported by at least 100.000 citizens holding the right to vote, coming from at least a quarter of the counties of Romania; eache of these counties or of Bucharest must record at least 5000 signatures to support the initiative
  • The popular initiative cannot adress taxing issues, international issues, amnesty or pardon.
• Concrete means through which citizen-initiated legislative proposal are implemented

The Approval of Legislative Bills

• Before submitting a bill to Parliament for debate, bills and legislative proposals must be approved by the Legislative Council, and in many situations by the Council of Economy and Social Affairs.

The Approval procedure by the Legislative Council

• The attributions of the Legislative Council are:
  • the analysis and approval of bills, legislative proposals and ordinance bills as well as of other normative decisions of the Government, in view to making them subject to legislation or adoption.
  • the analysis and approval, upon proposal of the president of the Committee in charge, of amendments submitted to debate within the Committee and of bills submitted to the Committee subsequent to the adoption thereof by one of the Chambers of Parliament;
  • The direct elaboration or coordination of legislative codes or other highly important laws, upon proposal of the Chamber of Deputies or the Senate.
  • The elaboration upon proposal of the Chamber of Deputies or the Senate, or ex officio of studies for the systematisation, unification and coordination of legislation and makes proposals to Parliament and sometimes to the Government accordingly.
  • The examination in compliance with the legislation and the provisions and principles of the Constitution of claims of unconstitutionality. The Council within 12 months from the establishment thereof, makes proposals for updating prior laws according to the present Constitution.
  • The official record of legislation providing the necessary information for the development of the legislative process; the organisation of its computerised record and the development of software for the legislation record;
  • The control over the distribution by the competent public authorities of normative regulations imposed by new laws and Government ordinances and decisions, in view to ensuring coherence within the legislative system.
  • The elaboration of the Directory of Romanian Legislation and the publication online of the document; the draw up of the official versions of certain collections of normative acts
  • The Legislative Council presents reports to Parliament on a yearly basis concerning its activity.
• Legislative Council’s approval is advisory.

The Examination of Bills within the Standing Committees

• For example, the bill regulating on the pardon of a penalty must be sent to the Standing Bureau of the Committee for Justice, Discipline and Immunity.
• The Standing Bureau may notify other Committees as well in order for them to approve on the bill or legislative proposal.

Conflicts of Competence.

• Positive and negative conflicts of competence.
  • The Standing Bureau fixes a deadline for the submission of the report drafted by the Standing Committee.

The debate and vote of the bill or of the legislative proposal in the plenary session

• Bills and legislative proposals are first discussed and passed by the first Chamber notified, and then submitted to the other Chamber which will give a final decision.
• The second Chamber which debates and adopts the bill or the legislative proposal makes the final decision, as the previous used method – the mediation.
• Senate is the Decisional Chamber deciding on bills or legislative proposals for the ratification of treaties or other international agreements.
• The first notified Chamber decides within 45 days. For codes or other complex laws, the period is 60 days. In case these deadlines are exceeded, the bills or the legislative proposals are considered adopted.
• The bill or the legislative proposal is debated and voted in the plenary session of the Chamber in three phase:

General debate of the bill or the legislative proposal

• The general debate phase is the phase during which parliamentary groups politically motivate the bill or the legislative proposal.
  • After this debate phase, the initiator presents the reasons that motivated the endorsement of the project and the president of the Standing committee or the rapporteur designated by the commission presents the report.
  • Before closing the general debate, the initiator of the project or of the legislative proposal is entitled to take the floor

Debating the bill or the legislative proposal by article by article

• The article by article debating procedure of the bill or of the legislative proposal has been accelerated by amendments brought to the Rules of Procedure of the two Chambers in January 2001.

The final vote on the bill or legislative proposal.

• Constitutional laws are adopted by a qualified majority
• Organic laws are adopted by an absolute majority
• Ordinary laws are adopted by simple or relative majority.

Submitting the bill or the legislative proposal to the Decisional Chamber.

The First Chamber notified gives it within 45 days. For codes or other complex laws, the period is 60 days. In the case of exceeding these deadlines the bills or the legislative proposals are considered adopted.

Examining, debating and voting of the bill or of the legislative proposal by the Decisional Chamber.

Re-examination of the law

• This procedure is not compulsory. It can intervene in the following cases:
  • The president of Romania requests the Parliament to re-examine the law
  • The notification of the Constitutional Court is notified by the subjects stipulated by the Constitution.

Promulgation of the law.

• Promulgation or enactment is the act of formally authenticating or proclaiming statutory or administrative law by the head of state.
• After