Referat - The Romanian government

8/11/2019 Referat - The Romanian government

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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 ofconfidence. !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 beingthe program in its final form and the list of the government assembly. -rticle10/

of the !onstitution. 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 presidents 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(

afollowing the adoption of a motion confidence*

bthe loss of the government member 9uality of the prime minister.

ccording to rticle 104 -2 in con+unction with rticle 107 of the !onstitution, itappears 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 abroad*

)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


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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

theyre 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 ofomania, 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 cant 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 "ecriminaliation of acie%e" oence 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 eect not

performin! !i%en con"emnation an" te oter coul" cause arisin! from

con%iction, if su*se-uentl con"emnation oence $as amnestie"&

.

Referat - The Romanian government

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