Government

Government

Government

Government

- Constitution of Romania

CHAPTER III - The Government

ARTICLE 102 - Role and structure
(1) The Government shall, in accordance with its government programme accepted by Parliament, ensure the implementation of the domestic and foreign policy of the country, and exercise the general management of public administration.
(2) In the exercise of its powers, the Government shall co-operate with the social bodies concerned.
(3) The Government consists of the Prime Minister, Ministers, and other members as established by an organic law.
ARTICLE 103 - Investiture
(1) The President of Romania shall designate a candidate to the office of Prime Minister, as a result of his consultation with the party which has obtained absolute majority in Parliament, or -unless such majority exists - with the parties represented in Parliament.
(2) The candidate to the office of Prime Minister shall, within ten days of his designation, seek the vote of confidence of Parliament upon the programme and complete list of the Government.
(3) The programme and list of the Government shall be debated upon by the Chamber of Deputies and the Senate, in joint sitting. Parliament shall grant confidence to the Government by a majority vote of the Deputies and Senators.
ARTICLE 104 - Oath of allegiance
(1) The Prime Minister, the Ministers and other members of the Government shall individually take an oath before the President of Romania, as provided under Article 82.
(2) The Government as a whole and each of its members shall exercise the mandate from the date of taking the oath.
ARTICLE 105 - Incompatibilities
(1) Membership of the Government shall be incompatible with the exercise of any other public office in authority, except for the office of a Deputy or Senator. Likewise, it shall be incompatible with the exercise of any office of professional representation paid by a trading organization.
(2) Other incompatibilities shall be established by an organic law.
ARTICLE 106 - Cessation of membership of the Government Membership of the Government shall cease upon resignation, dismissal, disenfranchisement, incompatibility, death, or in any other cases provided by law.
ARTICLE 107 - Prime Minister
(1) The Prime Minister shall direct Government actions and co-ordinate activities of its members, with the observance of the powers and duties incumbent on them. Likewise, he shall submit to the Chamber of Deputies or the Senate reports and statements on Government policy, to be debated with priority.
(2) The President of Romania cannot dismiss the Prime Minister.
(3) If the Prime Minister finds himself in one of the situations stipulated under Article 106, except for him being dismissed, or if it is impossible for him to exercise his powers, the President of Romania shall designate another member of the Government as Acting Prime Minister, in order to carry out the powers of the Prime Minister, until a new Government is formed. The interim, during the Prime Minister's impossibility to exercise the powers of the said office, shall cease if the Prime Minister resumes his activity within the Government.
(4) Provisions under paragraph (3) shall apply accordingly to the other members of the Government, on proposal by the Prime Minister, for a period of 45 days, at the most.
ARTICLE 108 - Acts of the Government
(1) The Government shall adopt decisions and ordinances.
(2) Decisions shall be issued to organize the execution of laws.
(3) Ordinances shall be issued under a special enabling law, within the limits and in conformity with the provisions thereof.
(4) Decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the Ministers who are bound to carry them into execution, and shall be published in the Official Gazette of Romania. Non-publishing entails non-existence of a decision or ordinance. Decisions of a military character shall be conveyed only to the institutions concerned.
ARTICLE 109 - Responsibility of members of the Government
(1) The Government is politically responsible for its entire activity only before Parliament. Each member of the Government is politically and jointly liable with the other members for the activity and acts of the Government.
(2) Only the Chamber of Deputies, the Senate and the President of Romania have the right to demand legal proceedings to be taken against members of the Government for acts committed in the exercise of their office. If such legal proceedings have been requested, the President of Romania may decree that they be suspended from office. Institution of proceedings against a member of the Government entails his suspension from office. The case shall be within the competence of the High Court of Cassation and Justice.
(3) Cases of liability, and penalties applicable to members of the Government shall be regulated by a law on ministerial responsibility.
ARTICLE 110 - End of the term of office
(1) The Government shall exercise its term of office until the validation of the general parliamentary elections.
(2) The Government shall be dismissed on the date the Parliament withdraws the confidence granted to it, or if the Prime Minister finds himself in one of the situations stipulatedunder article 106, except for him being dismissed, or in case of his impossibility to exercise his powers for more than 45 days.
(3) In situations such as under paragraph (2) the provisions of Article 103 shall apply accordingly.
(4) The Government whose term of office ceased in accordance with paragraphs (1) and (2) shall continue to fulfil only the acts required for the administration of public affairs, until the members of the new Government take the oath.

Constitution of Romania

General Principles
Fundamental Rights Freedoms and Duties
Common provisions
Fundamental Rights and Freedoms
Fundamental Duties
Advocate of the People
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Organization and functioning
Statute of Deputies and Senators
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Revision of the Constitution
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