Report of Presidential Commission for Analysis of Political and Constitutional Regime in Romania (presentation)

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The meeting of the Presidential Commission for Analysis of the Political and Constitutional Regime in Romania started at Cotroceni Palace (presidency hqs), early on Wednesday (Jan 14) and it is to present its report in the presence of Romania's President Traian Basescu and Prime Minister Emil Boc.
 
Attending the event are the speakers of the Parliament's Chambers Mircea Geoana and Roberta Anastase, General Prosecutor Laura Codruta Kovesi, Ombudsman Ioan Muraru, several parliamentarians belonging to the ruling parties – the Democratic Liberal Party (PD-L), the Social Democratic Party (PSD), and the opposition parties – the National Liberal Party (PNL) and the Hungarian Democratic Union of Romania (UDMR), Justice Minister Catalin Predoiu, the High Court of Cassation and Justice (ICCJ) President Nicolae Popa, Supreme Council of Magistrates (CSM) ex-president Lidia Barbulescu and officials of several NGOs.
 
The Commission, headed by Constitutional Law Professor Ioan Stanomir, was set up last spring.
The Presidential Commission for Analysis of the Political and Constitutional Regime in Romania is set up to draw up a document identifying the political and the constitutional limits of the ruling and to suggest the framework of the debate over the Constitution's revision and the State's institutional reorganization, reads the foundation decision.
 
President Traian Basescu said on TV, last Nov, that the document was finalized, but it would not be made public before the elections, lest it could offer a fresh topic to "attacks".
At that time, President Basescu said that the analysis included several solutions to the ‘unclear situations' in the current Constitution.
On that occasion, Romania's President said that a future Fundamental Law would have to give the President the right to act for unblocking political crises.
 
"We have been in crisis for 2 years. The President must be allowed either to dissolve Parliament or to revoke the Government. Either, or. We do not need more than that, but a mechanism to unblock crises is required," President Basescu stressed at that time, adding that in case of a political crisis the President must be allowed to assume the risk of dissolving Parliament and thus causing early elections.
 
On the other hand, President Basescu repeatedly was in favour of a unicameral Parliament and stressed that the Constitution's revision was a priority.
It is expected that the main directions of altering the Constitution, which the document proposes, mainly refer to the relations between the President and the Government, the President and Parliament, but probably to the political regime as well.
 
"We have a Constitution that does not oblige the political parties to consolidate the regime, but it creates all the circumstances that the regime be used to the parties' interest. It is obvious, for me at least, and I would like to be obvious for very many Romanians, too, that we have a Constitution made in 1991 and revised in 2003.
 
I could say this Constitution was useful to us for a good while, during the transition period. It was guaranteeing, as it had to, the impossibility of abandoning democracy in favor of the regime in force before the Revolution. It was very good at that time, but in 2003 we should have had the modern Constitution having given Romania perspective, and not the Constitution having represented Romania's fears," President Basescu said in 2008.
 
"The Constitution must be altered. It is the pillar of one of my objectives including the modernization of the State and, things have to start with the Constitution. Is the President to be elected by direct vote or by Parliament, it will be to people to decide when it is proposed to vote the Constitution's alteration.
 
Will we have an unicameral or a bicameral Parliament, it will be also the people to decide on, but we have to regulate the relations among the institutions," President Basescu said on that occasion, also stressing it was not normal that the Constitutional Court were the referee of Romania's political life.
 
On Dec 2008, when attending the ceremony celebrating the Constitution Day, President Basescu resumed the idea of the necessity of having the Constitution altered, pointing out that the present Constitution does not reflect the interests of the entire society.
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