QUELQUES PROBLÈMES CONCERNANT LES RAPPORTS ENTRE LE PRÉSIDENT DE LA ROUMANIE ET LE GOUVERNEMENT ET LA REPRÉSENTATION DE L’ÉTAT
Issues regarding the relationship between the President of Romania and the Government and the state representation

Summary/Abstract: Analyzing the post-revolutionary history of the relations between the President of Romania and the Government, several deviations are outlined and briefly commented. First of all, the author discusses on the dismissal of certain prime-ministers by the Romanian President, namely the “resignation” submitted by Mr. Petre Roman “at the disposal of President Ion Iliescu” in 1990 and the dismissal of Mr. Radu Vasile by presidential decree, even though the Constitution, unrevised at that time, did not permit that. Subsequently, the author comments on the relations between the Romanian President and the Prime Minister regarding the Government reshuffle, situations in which the Constitutional Court had to pull chestnuts out of the fire, having, on this occasion, to interpret art. 85 paragraph 2 of the Constitution in a manner highly criticized by doctrine, the Court being accused of having changed from negative to positive legislator. However, the issue that is essentially analyzed in this study is the one regarding the interpretation and implementation of the constitutional texts on state representation, interpretation that is quite differently approached by the two heads of the Romanian executive. Analyzing the Constitutional Court’s Decisions regarding this matter pronounced so far – especially Decision no. of the summer of 2012 –, as well as the political events that preceded them, the author states that, under the rule of the current Constitution, neither a political act nor even a law that would divide the attributions of state representation could be elaborated. Nevertheless, given that state representation to the European Council and, in general, in all Institutions of the European Union should be considered in the light of the realities that involve the collaboration of state powers and their empowerment, the principle should be rethought. An urgent solution would be to create a political practice based on the consensus between the President and Prime Minister of Romania, and the immediately following one is the revision of the Constitution, the rethinking of the principle of state representation, especially in European Union institutions.

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