Remanierea guvernamentală cu schimbarea compoziţiei politice şi a programului de guvernare

Abstract

The Government reshuffe represents a change of the composition of the Government as accepted by the Parliament vote of confdence, one or several ministerial positions to be held by other persons than those featured on the initial list approved by the Parliament. From the constitutional perspective, Government reshuffe may be achieved through two distinct ways: ordinary reshuffe, carried out by the President on proposal of the Prime - Minister and the reshuffe which involves a change of the structure or political composition of the Government.Ordinary reshuffe may occur as a penalty cau-sed by the ineffciency of the Government or by other reasons left to the discretion of the Prime Minister. The President cannot be obliged to unconditionally accept the proposal of dismissing a member of the Government and to appoint another person in his place. The President may reject, only once and only motivated, the proposal made by the Prime Minister and can ask him to issue a new proposal for the ministerial position.Recent Romanian political and constitutional practice (March 2014), determined by the National Liberal Party’s withdrawal from the Government and joining of Democratic Union of Hungarians in Ro-mania (UDMR) to the Government raised, from the constitutional point of view, an unprecedented issue: is it necessary to update the Government Program following the change of the political composition of the Government? If so, what would be the proce-dure? From our point of view, the answer is clear: any change of the political composition of the Go-vernment must involve an update of the Government Program, through the procedure of the assumption of responsibility, as stipulated under the provisions of Article 114 of the Romanian Constitution.