President of Romania

- Constitution of Romania

CHAPTER II: THE PRESIDENT OF ROMANIA

CHAPTER II - The President of Romania

ARTICLE 80 - The President of Romania

(1) The President of Romania shall represent the Romanian State and is the safeguard of the national independence, unity and territorial integrity of the country.

(2) The President of Romania shall guard the observance of the Constitution and the proper functioning of the public authorities. To this effect, he shall act as a mediator between the Powers in the State, as well as between the State and society.

ARTICLE 81 - Election of the President

(1) The President of Romania shall be elected by universal, equal, direct, secret an free suffrage.

(2) The candidate who, in the first ballot, obtained a majority of votes of the electors entered on the electoral lists shall be declared elected.

(3) In case no candidate has obtained such a majority, a second ballot shall be held between the first two candidates highest in the order of the number of votes cast for them in the first ballot. The candidate having the greatest number of votes shall be declared elected.

(4) No one may hold the office of President of Romania but for two terms of office at the most, that can also be consecutive.

ARTICLE 82 - Validation of mandate and oath-taking

(1) The election returns for the Presidency of Romania shall be validated by the Constitutional Court.

(2) The candidate whose election has been validated shall take before the Chamber of Deputies and the Senate, in a joint sitting, the following oath: "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!"

ARTICLE 83 - Term of office

(1) The term of office of the President of Romania is five years, being exercised from the date the oath was taken.

(2) The President of Romania shall exercise his office until the new President-elect takes the oath.

(3) The term of office of the President of Romania may be prolonged, by an organic law, in the event of war or catastrophe.

ARTICLE 84 - Incompatibilities and immunities

(1) During his term of office, the President of Romania may not be a member of any political party, nor may he perform any other public or private office.

(2) The President of Romania shall enjoy immunity. The provisions of article 72 (1) shall apply accordingly.

ARTICLE 85 - Appointment of the Government

(1) The President of Romania shall designate a candidate to the office of Prime Minister and appoint the Government on the basis of the vote of confidence of Parliament.

(2) In the event of government reshuffle or vacancy of office, the President shall dismiss and appoint, on the proposal of the Prime Minister, some members of the Government.

(3) If, through the reshuffle proposal, the political structure or composition of the Government is changed, the President of Romania shall only be entitled to exercise the power stipulated under paragraph (2) based on the Parliament's approval, granted following the proposal of the Prime Minister.

ARTICLE 86 - Consultation with the Government The President of Romania may consult with the Government about urgent, extremely important matters.

ARTICLE 87 - Participation in meetings of the Government

(1) The President of Romania may participate in the meetings of the Government debating upon matters of national interest with regard to foreign policy, the defence of the country, ensurance of public order, and, at the Prime Minister's request, in other instances as well.

(2) The President of Romania shall preside over the Government meetings he participates in.

ARTICLE 88 - Messages The President of Romania shall address Parliament by messages on the main political issues of the nation.

ARTICLE 89 - Dissolution of Parliament

(1) After consultation with the presidents of both Chambers and the leaders of the parliamentary groups, the President of Romania may dissolve Parliament, if no vote of confidence has been obtained to form a government within 60 days after the first request was made, and only after rejection of at least two requests for investiture.

(2) During the same year, Parliament can be dissolved only once.

(3) The Parliament cannot be dissolved during the last six months of the term of office of the President of Romania, or during a state of mobilization, war, siege, or emergency.

ARTICLE 90 - Referendum

(1) The President of Romania may, after consultation with Parliament, ask the people of Romania to express, by referendum, their will on matters of national interest.

ARTICLE 91 - Powers in matters of foreign policy

(1) The President shall, in the name of Romania, conclude international treaties negotiated by the Government, and then submit them to the Parliament for ratification, within a reasonable time limit. The other treaties and international agreements shall be concluded, approved, or ratified according to the procedure set up by law.

(2) The President shall, on proposal by the Government, accredit and recall diplomatic envoys of Romania, and approve the setting up, closing down or change in rank of diplomatic missions.

(3) Diplomatic envoys of other states shall be accredited to the President of Romania.

ARTICLE 92 - Powers in matters ofdefence

(1) The President of Romania shall be Commander-in-Chief of the Armed Forces and preside over the Supreme Council of National Defence.

(2) He may declare, with prior approval of Parliament, partial or total mobilization of the Armed Forces. Only in exceptional cases shall the decision of the President be subsequently submitted for approval to Parliament, within five days of the adoption thereof.

(3) In the event of an armed aggression against the country, the President of Romania shall take measures to repel the aggression, and he shall promptly bring them to the cognizance of Parliament, by a message. If Parliament does not sit in a session, it shall be convened de jure, within 24 hours of the outbreak of the aggression.

(4) In the event of mobilization or war, the Parliament shall pursue its activity throughout the length of such states, and, if not in session already, it shall be de jure convened within 24 hours after such a state has been declared.

ARTICLE 93 - Emergency measures

(1) The President of Romania shall, according to the law, institute the state of siege or state of emergency in the entire country or in some territorial-administrative units, and ask for the Parliament's approval for the measure adopted, within 5 days of the date of taking it, at the latest.

(2) If Parliament does not sit in a session, it shall be convened de jure within 48 hours of the institution of the state of siege or emergency, and shall function throughout this state.

ARTICLE 94 - Other powers 1) The President of Romania shall also have the following powers: a) to confer decorations and titles of honour; b) to make promotions to the ranks of marshal, general and admiral; c) to make appointments to public offices, under the terms provided by law; d) to grant individual pardon.

ARTICLE 95 - Suspension from office

(1) In case of having committed grave acts infringing upon constitutional provisions, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in joint sitting, by a majority vote of Deputies and Senators, and after consultation with the Constitutional Court. The President may explain before Parliament with regard to imputations brought against him.

(2) The proposal of suspension from office may be initiated by at least one third of the number of Deputies and Senators, and the President shall be immediately notified thereof.

(3) If the proposal of suspension from office has been approved, a referendum shall be held within 30 days, in order to remove the President from office.

ARTICLE 96 - Impeachment

(1) The Chamber of Deputies and the Senate may decide the impeachment of the President of Romania for high treason, in a joint session, based on the votes of at least two thirds of the number of deputies and senators.

(2) The impeachment proposal may be initiated by a majority of deputies and senators and shall, without further delay, be notified to the President of Romania, so that he can give explanations about the facts he is being held accountable for.

(3) From the impeachment date and up to the dismissal date, the President is under de jure suspension.

(4) The jurisdiction for judging such cases shall belong to the High Court of Cassation and Justice. The President shall be dismissed de jure on the date the court decree impeaching him is final.

ARTICLE 97 - Vacancy of office

(1) Vacancy of the office of President of Romania shall be due upon his resignation, removal from office, permanent impossibility to discharge his powers and duties, or death.

(2) Within three months of the date when the Presidency of Romania fell vacant, the Government shall organize elections for a new President.

ARTICLE 98 - Interim of office

(1) In case of vacancy in the office of President, or if the President is suspended from office or is temporarily incapable to exercise his powers, the interim shall devolve, in this order, on the President of the Senate or the President of the Chamber of Deputies.

(2) Powers provided under Articles 88-90 shall not be exercised by the Acting President during the interim of the presidential office.

ARTICLE 99 - Liability of the Acting President

(1) If the person acting as President of Romania has committed grave acts infringing upon constitutional provisions, Articles 95 and 98 shall be applied accordingly.

ARTICLE 100 - Acts of the President

(1) In the exercise of his powers, the President of Romania shall issue decrees, which shall be published in the Official Gazette of Romania. Absence of publicity entails the non-existence of a decree.

(2) 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) shall be countersigned by the Prime Minister.

ARTICLE 101 - Emolument and other rights The emolument and other rights of the President of Romania shall be established by law.