The President of Romania represents the head of the Romanian state, being elected by the people through universal, direct, equal, secret, and freely expressed vote. He holds a complex position, as he fulfills a triple role: head of state, leader of the executive together with the Government, and guarantor of the Constitution of Romania. Therefore, the President of Romania is integrated into the executive power alongside the Government, where he carries out prerogatives of both an administrative and political nature. 

The role of the presidential institution is stipulated in article 80 of the Constitution: 

 “(1) The President of Romania represents the Romanian state and is the guarantor of national independence, unity, and territorial integrity. 

(2) The President of Romania oversees the observance of the Constitution and the proper functioning of public authorities. To this end, the President exercises the function of mediation between the powers of the state, as well as between the state and society.” 

This essential role leads to various responsibilities. depending on the areas in which they are exercised, respectively: in relations with Parliament, with the judiciary, in his capacity as head of the executive, and in relation to the people.

Responsibilities of the President in relation to the Parliament

The relationship the President has with Parliament is one of the most important, with powers influencing one another to support the separation of powers within the state. The President promulgates the laws adopted by Parliament, being obliged to sign them for them to come into force, but has the right to request a law’s reconsideration once if they find it problematic. The President can address messages to Parliament on important national issues, such as domestic or foreign policy, and the Parliamentary Chambers are obligated to receive the message, but not to debate it. 

In exceptional situations, the President can dissolve the Parliament after consulting the presidents of the two Chambers and the leaders of parliamentary groups, if it fails to grant a vote of confidence to a government within 60 days, and only after two successive government investiture proposals have been rejected. Dissolving Parliament is an option, not an obligation. 

Moreover, they have the responsibility to convene the newly elected Parliament within at most 20 days after elections, in ordinary sessions- if required by the Constitution- or extraordinary sessions for urgent or special events.

Responsibilities of the President in relation to the judiciary

The President of Romania appoints judges and prosecutors, except for trainees, based on proposals from the Superior Council of Magistracy, according to Article 125, paragraph (1) and Article 134, paragraph (1) of the Constitution. Judges appointed by the President benefit from irremovability, meaning they cannot be transferred, delegated, seconded, or promoted without their consent. 

The President is the one who can grant individual pardons, under Article 94, letter (d) of the Constitution, this clemency measure consisting of reducing or commuting sentences, according to legal provisions. Additionally, the President can request the prosecution of Government members for actions committed in the exercise of their function, which entails their suspension from office. Jurisdiction in such cases belongs to the High Court of Cassation and Justice.

Responsibilities of the President as the head of the executive power

The President of Romania, in their role as head of the executive, holds significant responsibilities in governance and national security. In relation to the Government, the President appoints the Prime Minister based on consultations with political parties, who then proposes ministers to be appointed by the President. 

The President may dismiss ministers at the Prime Minister’s request and appoint replacements, also at the Prime Minister’s proposal, but does not have the power to dismiss the Prime Minister. Regarding the Government’s activity, the President of Romania may participate in meetings and has the right to preside over them when topics of major importance, such as foreign policy, national defense, or public order, are discussed. 

In the area of defense, the President is the Commander-in-Chief of the Armed Forces and can declare a state of siege, emergency, or partial or total mobilization of armed forces, measures which must later be approved by Parliament. They coordinate defense and national security policy through the Supreme Council of National Defense, of which they are the president. Additionally, the President has competencies in awarding the highest military ranks-marshal, admiral, and general-based on proposals from the Ministry of Defense. 

The President also has responsibilities in appointing public officials at both central and local levels and may confer distinctions and important positions in public administration. 

Responsibilities of the President in relation to the people

The President of Romania holds significant responsibilities in relation to the people, with one of the most notable being the organization and convening of a national referendum. According to the Constitution, the President can initiate a national referendum to consult the population on major issues of interest, such as political reforms or reducing the number of parliamentarians—the topics being established by the President’s decree. They have the right to call the referendum under certain conditions set by law and must guarantee the observance of constitutional procedures. Thus, the President can decide to organize a referendum on specific topics, but the final decision on organizing the referendum is subject to parliamentary approval.

In conclusion, the presidential institution stands out as one of the most complex structures in Romanian law, with responsibilities that cover multiple spheres of social life and offer extensive powers to the person elected by the people to represent them. This role is essential for maintaining the balance between state powers, ensuring political stability, and promoting national interests, serving as a guarantor of constitutional democracy in Romania.

Agachi Delia-Andreea

Legal intern R&R Partners