Raporturile Președintelui cu Parlamentul și Guvernul. Observații critice

Ion RUSU

Abstract


The past years’ experience has proven that in the relations between the President and the Parliament, on the one hand, and between the President and the Government, on the other hand, a chain of failures appeared determined by the different interpretations of some constitutional provisions. These norms are designed in such a way that they create the possibility for some different interpretations which are not in accordance with the legislator’s intention and can cause a chain of political crises. Most discussions relate to the way the President designates a candidate for the office of Prime Minister when no political party has obtained an absolute majority in the Parliament, but it has formed a majority coalition in the Romanian Parliament pre or post-election. In this situation, that has been found in the past and will be found in the future in Romania, the specialists’ opinions are different, meaning that some of them identify the Parliament majority formed from multiple political parties or formations in the Parliament with the Parliament majority of a single political party, and some do not accept such an equation. This interpretation is very important because it is determinant for the person which shall be designated as candidate for the office of Prime Minister. The article emphasizes these aspects and makes proposals for the modification and expanding of some constitutional norms, so that the President’s prerogatives in his relations with the Parliament and the Government are very clearly defined.


Cuvinte cheie


The President of Romania; the Parliament; the Government; constitutional norms; executive power; interinstitutional relations.

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