President of Romania

Communist era

In the Communist era, the president was elected for a term of five years by the Great National Assembly, with no term limits. He served as ex officio president of the State Council, and had the right to act on any matter that didn't require a State Council plenum. He also appointed and dismissed ministers and heads of central agencies. When the GNA was not in session, the president could appoint and dismiss the president of the Supreme Court and the prosecutor general without State Council approval; indeed, he was not even required to consult his State Council colleagues when making such decisions. Ceaușescu created the post in order to make himself chief decision-maker in both name and in fact. Previously, he had nominally been first among equals on the State Council, deriving his real power from his post as leader of the Romanian Communist Party. In practice, he used his power to act on all matters that didn't require a plenum to rule by decree, and frequently usurped many powers that belonged to the State Council as a whole.

Oath of office

After the Constitutional Court acknowledges the legality of the election, the Houses of Parliament meet in a joint session. The elected President takes the following oath of office, specified by article 82 of the Constitution:

Romanian: Jur să-mi dăruiesc toată puterea și priceperea pentru propășirea spirituală și materială a poporului român, să respect Constituția și legile țării, să apăr democrația, drepturile și libertățile fundamentale ale cetățenilor, suveranitatea, independența, unitatea și integritatea teritorială a României. Așa să-mi ajute Dumnezeu!

English: I solemnly swear that I will dedicate all my strength and the best of my ability for the spiritual and material welfare of the Romanian people, to abide by the Constitution and laws of the country, to defend democracy, the fundamental rights and freedoms of my fellow-citizens, Romania's sovereignty, independence, unity and territorial integrity. So help me God!

Powers and duties

The prerogatives of the President of Romania are set out in Title II, Chapter III of the Constitution.

In internal affairs:

In foreign affairs:

In defence issues:

Other duties:

In the exercise of his functions, the President issues decrees which are obligatory in the country. The decrees issued by the President of Romania in the exercise of his powers, as provided under Article 91 paragraphs (1) and (2), Article 92 paragraphs (2) and (3), Article 93 paragraph (1), and Article 94 subparagraphs a), b) and d) must be countersigned by the Prime Minister in order to take effect.

Impeachment

An incumbent President who severely violates the Constitution may be suspended by the Parliament in joint session. If the suspension motion passes, there is a call for a referendum of impeachment within no more than 30 days from the suspension.

If the Senate and Chamber of Deputies, in joint session, accuse the President of high treason, the President is suspended from powers and duties by right. The accusations are judged by the High Court of Cassation and Justice. The incumbent President is dismissed by right if found guilty of high treason.

History

The suspension and impeachment procedure has been implemented three times. The first time regarded President Ion Iliescu, following a statement regarding the returning of the illegally confiscated properties during the years of the Socialist Republic of Romania to the original owners or their heirs. This first attempt in 1995 did not pass the vote in Parliament.

The second attempt was successful, with the person suspended being Traian Băsescu, in office as of April 2007. He became the first president to successfully be suspended and also the first to face an impeachment vote before the people, regarding issues with supposed unconstitutional acts. The impeachment plebiscite was held on 19 May 2007, and Băsescu survived the impeachment attempt. The result was the rejection of the proposal by 24.94% in favor to 75.06% opposed.

The third attempt lead to a second successful suspension in July 2012, again against Traian Băsescu. The referendum was held on 29 July 2012, and the results were 88.7% in favor and 11.3% opposed, with voter turnout calculated to be 46.24%; below the 50% + one vote threshold required at the time the referendum was held. The Constitutional Court did not give a verdict on the validation of the referendum at the time, citing irregularities in the permanent electoral lists. On 21 August, the Court deemed the referendum invalid, and again Băsescu prevailed from being ousted.

Succession

Should the office of the President become vacant due to resignation, impeachment, permanent inability to perform the duties of office, or death, the President of the Senate or the President of the Chamber of Deputies, in that order, step in as Ad Interim President of Romania (Romanian: Președinte Interimar al României). Neither relinquish their position as President of their respective Legislative House for the duration of the Ad Interim term. An Ad Interim President cannot address the Parliament, dissolve the Parliament, nor call for a referendum (the impeachment referendum after a motion of suspension is called by Parliament). The vacancy of the office cannot be longer than three months. While the President is suspended, the office is not considered vacant.

Living former heads of state

There are three living former Romanian Presidents and one living former King of Romania: