Powers of the president of romania in relationship with government

AuthorOana Saramet
PositionFaculty of Law, Department of Law Transilvania University of Brasov, Brasov, Romania
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 1 (2016), pp. 23-28
Oana Şaramet
Faculty of Law, Department of Law
Transilvania University of Braşov, Braşov, Romania
*Correspondence: Oana Şaramet, Transilvania University of Braşov,
25 Eroilor Alley, Braşov, Romania
E-mail: oana_saramet_2005@yahoo.com
Abstract: According to constitutional provisions in force, Romania has a dualist
executive whose central authorities are the President of Romania and the Government.
Consecrating a semi-presidential regime, the constitutional legislator has built such an
executive so the relations between the president and the government have to be characterized
by cooperation, collaboration, including those between the President and Prime Minister.
Thus, our Constitution recognizes to the President the powers regarding the procedure of
investiture of a new government, the appointment and dismissal of some government
members, the President also having the possibility to consult with the government and to
participate in its meetings.
Keywords: powers, President, collaboration, Government, designation, dismissal,
Prime Minister.
Putting a dualist executive in which neither of the authorities is not stronger than the
other, forces them the head of state and the government to manifest within collaboration
reports. In this regard, is has been pronounced by the Constitutional Court
that has stressed out that institutional reports between the Prime Minister and the
Govern, on the one hand and the President of Romania, on the other hand has to function
within the constitutional frame of loyalty and collaboration, the collaboration between these
authorities being a necessary condition and essential for the proper functioning of the public
authorities of the state.
The opening and closure of the investiture of the new Government
Regarding the President, the Constitution, Article 85 and 103, recognizes the right to
open the procedure of investment of a new Government, and the one to finalize this
procedure. Thus, the President
, after consulting the party that holds the absolute majority in
This view was expressed by the Constitutional Court o f Romania by Decisio n no 356/2007 published in
Official Gazette of Romania, Part I, no.322 from May 14th 2007.
Unlike the provisions of our Constitution, the Constitutions of states whose political system is a semi-
presidential one, as France, or presidential, in another words a bad copy of the American presidentialism, give
the President the right to name the Prime Minister and not jut a candidate for this fu nction. In this regard there
are provisions of Article 8 para (1) from the Constitution of France, namely section 99, point 7 from the
Constitution of Argentina. In the latter case we would like to point out that although the President of the
Republic is, according to section 99, point 1 the head of the Government, with all these he names a head for the
Ministerial Cabinet. A similar solution also establishes the constituent Russian legislator through Article 83 a).
Constitution of France was consulted: https://www.constituteproject.org/constitution/France_2008 .pdf?lang=en,
accessed: 25.10.2015. Constitution of Argentina was consulted:
https://www.constituteproject.org/constitution/Argentina_1994.pdf?lang=en, accessed: 25.10.2015. Constitution
of Russia was co nsulted: https://www.constituteproject.org/constitution/Russia_2014.pdf?lang=en, accessed:

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