UNIVERSITATEA PETRE ANDREI DIN IAIFacultatea de Drept

ReferatLimba Engleza

HOW PARLIAMENT OF ROMANIA WORKS

Voricu Mihai Andrei Facultatea de Drept Petre Andrei Iasi,anul I

Summary

1. Structure of the Parliament2. Organization and conduct of election3. Electoral system4. Presidents of the Chambers5. Parliamentary groups6. Incompatibilities7. Functions of the Parliament7.1. Passing of Laws7.2. Appointment and revocation of some State Authorities7.3. Parliamentary Control

1.Structure of the Parliament

The Parliament of Romania has abicameral structure, and is formed of theChamber of Deputiesand theSenate, appellations taken over from Romanian constitutional traditions. The Romanian bicameral system is substantiated by the necessity of ensuring a balance in the exercise of the parliamentary functions, by the requirement to debate thoroughly the laws adopted, and to temper the authoritarian or extremist tendencies of a Chamber, in the appreciation of a state of fact, and in the selection of the decisional version.The organization of each Chamber is regulated by its own standing orders. The organization of the joint sittings of the two Chambers is regulated by special standing orders of these sittings.The internal structures of the two Chambers of Parliament consist of thePresidents of the Chambers, theStanding Bureaux, theparliamentary committees, and theparliamentary groups.The parliamentary structures are formed in accordance with the political configuration of each Chamber.

2.Organization and conduct of election

Settlement of election dateThe settlement of election date is the electoral procedure that marks the beginning of the conduct of election. According to Article 60, paragraph (2) of the Constitution, the election to the Chamber of Deputies and Senate is held within 3 months at the most from the expiry of the mandate or from the dissolution of Parliament The election date shall be settled and publicly announced by the Government at least 60 days before the election day, and up to the passage of 5 days since the three-month term provided by the Constitution starts to be counted, or since the day of dissolution of the legislative forum.ConstituenciesThe constituencies form the territorial organizational framework in which the proceedings for the election of Deputies and Senators take place. The constituencies for the election of the Members of Parliament are established by law, each constituency corresponding to a county. The same law stipulates the number and numbering of the constituencies.Electoral listsIn order to participate in the poll, the citizens with vote "right" are recorded in electoral lists. The electoral lists are permanent and special.Permanent electoral listsThese lists, which are unique state documents, are drawn up by the mayors of communes, towns or municipalities, or of administrative subdivisions of municipalities, by localities.The electoral lists include all the citizens having the "right" to vote, individuaized in the order of the number of voter's house, specifying his/her name and surname, date of birth and domicile, as well as the number of the constituency. Each voter is registered only in a single permanent list, thus being regulated the principle of the uniqueness of recording true to the criterion of domicile, the recording being nevertheless compuIsory.The Election Law establishes the universal character of the permanent lists, since they include both citizens having their domicile in the country and those having their domicile abroad. The latter are recorded in the permanent lists of the locality in which they were born, or in which they had their domicile in the country, if they so request from the Diplomatic Mission of Romania in the country where they reside, or directly from the local council.The permanent electoral lists are compulsorily updated every year by the mayors. They must inform the court of law of any modification in the electoral lists.The law includes special provisions with regard to the updating of the permanent electoral lists in certain situations, namely in the case of deceased persons, of persons who have lost their citizenship, and of disfranchised persons, cases that entail their striking off the permanent electoral lists.Special electoral listsThe special electoral lists are drawn up only on the occasion of a suffrage, and only by the electoral bureaux of the polling stations, bearing the signatures of their chairmen.These lists include the name and surname, domicile, date of birth, number and series of the voter's identity paper. The situations when special electoral lists are drawn up are the following:(a) for members of the army, students, diplomats, and other citizens who are abroad, at polling stations specially formed attached to the institutions where the respective persons carry on their activity;(b) for citizens who, for various reasons, cannot vote at the polling station from their domicile (where they are recorded in the permanent list), at any polling station for citizens having the "right" to vote. In this class there are also included those persons who have only their residence in the locality where they vote.The law provides the voters' "right" to verify the electoral lists irrespective of their character - permanent or special.In case of omissions, wrong registrations, or errors found in the electoral lists, the Election Law provides ways of attack formulated by the voter who considers himself wronged, namely objections, legal action, and appeal.Since it is a matter of electoral disputed claims proceedings, the settlement terms of these ways of attack are very short, the provisions of civil procedure being applicable.

3. Electoral systemThe Chamber of Deputies and the Senate are elected in constituencies, by universal, equal, direct, secret, and freely expressed suffrage, on the basis of a list system and independent candidatures, according to the principle of proportional representation. The option for an identical election system of the two Chambers of Parliament confers them the same legitimacy, as both of them are the expression of the will of the same electoral body.The two Chambers have different numbers of members: the Chamber of Deputies is composed of 332 Deputies, and the Senate, of 137 Senators. This differentiation is possible owing to the legal provision of a representation norm differing from one Chamber to the other. Thus, for the election of the Chamber of Deputies the representation norm is of one Deputy to 70,000 inhabitants, and for the election of the Senate, of one Senator to 160,000 inhabitants.The number of Deputies and Senators to be elected in each constituency is determined on the basis of the representation norm, by relating the number of inhabitants in each constituency to the representation norm. In a constituency, the number of Deputies cannot be less than 4, and that of Senators, less than 2. The number of inhabitants taken into account is that existing on July 1 of the previous year, published in the Statistical Year-Book of Romania. If, at least 5 months before the election date, a general census has taken place, the number of inhabitants taken into account is that resulting from the census.The Constitution of Romania and the Election Law grant to legafly constituted organizations of citizens belonging to national minorities, in case these could not obtain in election at least one Deputy or Senator mandate, the "right" to a Deputy mandate, if they have obtained throughout the country a number of votes equal to at least 5 per cent out of the average number of votes validly expressed throughout the country for the election of one Deputy.The mandates assigned, under the conditions of the Election Law, to organizations of citizens belonging to national minorities are added to the Deputy mandates resulted from the representation norm.

4.Presidents of the ChambersThe Presidents of the two Chambers are elected for the duration of the Chambers' mandate, by secret vote, in one or more ballot rounds.The Standing Orders of the Chambers establish certain duties for the Presidents of the Chambers, which may be exercised by the vice-chairmen of the Standing Bureaux. The President of the Chamber of Deputies has the following duties: to convene the Deputies in ordinary or extraordinary sessions; to conduct the proceedings of the Chamber of Deputies, compulsorily assisted by 2 secretaries, and -to ensure the maintenance of order during the debates, as well as the observance of the Standing Orders; to give the floor, moderate the discussions, synthesize the issues raised for debate, establish the order of voting, specify the significance of vote, and announce its result; to conduct the proceedings of the sittings of the Standing Bureau; to notify the Constitutional Court, in the terms provided by Article 144, paragraphs (a) and (b) under the Constitution; to ensure the prompt dispatch to the Senate for debate of the bills accepted or rejected by the Chamber, or to the President of Romania, as the case may be, for promulgation, of the laws passed within the terms established by law; to represent the Chamber of Deputies in internal and international relations; to fulfil any other duties provided by the Standing Orders, as well as the tasks imposed by the Chamber of Deputies. The President of the Senate has the following duties: to convene the Senate in ordinary and extraordinary sessions to conduct the proceedings of the Senate, assisted by 2 secretaries; to conduct the proceedings of the Standing Bureau; to ensure the maintenance of order during debates, and the observance of the Standing Orders to announce the result of the voting and the decisions adopted to ensure the connection of the Senate with the President of Romania, the Chamber of Deputies, the Government, the Constitutional Court, and the Supreme Court of Justice; to ensure the interim of the office of President of Romania, according to Article 97 under the Constitution to represent the Senate in internal and international relations to notify the Constitutional Court for it to deliver judment on the constitutionality of the laws or of the Standing Orders of the Senate, according to Articles 17 and 21 under the Law No.47/1992 on the Organization and Operation of the Constitutional Court; to fulfil any other duties provided by the Standing Orders, or tasks imposed by the Senate.

5.Parliamentary groups

The Deputies and Senators may organize themselves into parliamentary groups according to the standing orders of each Chamber.The parliamentary groups are organized immediately after the Deputies and Senators have met in their first sitting. According to the standing orders of the two Chambers, with a view to "forming the working bodies and carrying on their activity, the Deputies and Senators form parliamentary groups consisting of at least 10 members for the Chamber of Deputies, and of at least 5 for the Senate, who have stood for election on the lists of the respective parties and political formations. If there are less than 10, and 5, respectively, Deputies and Senators, they may join independent Members of Parliament, with a view to forming parliamentary groups, or they may affiliate to parliamentary groups constituted according to the basic rules. After its formation, the parliamentary group elects a chairman, one or more deputy-chairmen, as the case may be, and a secretary.Deputies representing the organizations of citizens belonging to national minorities others than the Magyar minority may constitute a single parliamentary group.A party or a political formation may constitute only one parliamentary group. At the same time, a Deputy or a Senator may belong only to a single parliamentary group.The chairman of the group informs the Chamber of Deputies or the Senate, as the case may be, of the number of members and nominal composition of the parliamentary group of which he or she is the leader.According to the Standing Orders of the Chamber of Deputies, the Deputies of certain parties or political formations whose number is not sufficient to form a parliamentary group, as well as the independent Deputies, may join in mixed parliamentary groups or may affiliate to other parliamentary groups.Senators elected as independent may affiliate to one of the parliamentary groups formed according to the Standing Orders of the Senate.The Standing Orders of the Chamber of Deputies and the Standing Orders of the Senate grant an enhanced importance to the parliamentary groups. Thus, the parliamentary groups may: make proposals for the composition of the validation committee, within the limit of the seats approved for each group; moreover, the validation committee must proportionally reflect the political configuration of the Chamber or Senate as it results from the formation of the parliamentary groups; propose candidates for the election of the Presidents of the two Chambers; propose candidates for the election of vice-chairmen, secretaries and quaestors of the Standing Bureaux, within the limit of the reserved seats; agree, through their chairmen, to the designation of the members of parliamentary committees, in accordance with the rule of proportional representation; propose the cessation of the quality of member of a parliamentary committee or the replacement of a member. A parliamentary group may replace two Deputies at the most during a legislature; propose members in the mediation committees; request the modification of the agenda; present amendments; request, through their chairmen, the verification of quorum completion to the President of the Chamber; request the closure of the debate of an issue raised for discussion in the Chamber of Deputies.

6. Incompatibilities

According to Article 68 under the Constitution, no one can, at the same time, be Deputy and Senator, and the quality of Deputy or Senator is incompatible with the exercise of any public function of authority, except that of member of the Government. The Constitution also provides that other incompatibilities be established by organic law. The member of Parliament who finds himself or herself in one of the cases of incompatibility is bound to resign, the Deputy within 10 days, and the Senator within 30 days. The term of 10 days flows after the day when the case of incompatibility was found, and that of 30 days, after the day of the validation of the mandate, or after the day of appearance of the incompatibility. After expiry of these terms, the parliamentarian who is in one of these cases of incompatibility is declared or considered resigned, as the case may be.The vacant seat will be taken by the immediately following candidate on the list of the party or political formation for which he or she stood. According to the Senate's Standing Orders, from the list are excluded people who no longer belong to the respective party or political formation. The Standing Orders of the Chamber of Deputies provides in this sense that up to the validation of the substitute's mandate, the party or political formation for which he or she stood must acknowledge in writing his or her affiliation to the respective party or political formation.Changes occurring in a parliamentarian's activity during the exercise of his or her mandate are notified to the Standing Bureau within 10 days after the day of their appearance.7.Functions of the ParliamentThe functions of the Parliament of Romania proceed from its quality of supreme representative body of the Romanian people and from that of single legislative authority of the country. The main functions of the Parliament of Romania are: to pass laws, to appoint and revoke some state authorities to exercise the parliamentary control.

7.1 Passing of LawsThe passing of laws is the first and foremost power of Parliament. It consists in the elaboration of uridical norms for the regulation of social relations, conformable to the legislative procedure.The procedure for the adoption of laws is the same in both Chambers of Parliament, and it is regulated by the Constitution and the parliamentary standing orders. The main stages of the legislative procedure include the legislative initiative, examination in parliamentary committees, debate in the plenum of the Chamber, voting, mediation, control of the constitutionality, and promulgation of the law.Legislative InitiativeThe Legislative initiative belongs to the Government, to Deputies and Senators as well as to a number of at least 250,000 citizens entitled to vote. Citizens manifesting their right to legislative initiative must belong to at least one quarter, of the country's counties, and in each one of these counties or in Municipality of Bucuresti, there must be registered at least 10,000 signatures in support of the respective initiative. Fiscal issues, international questions, amnesty, and pardon may not form the object of the citizens' legislative initiative. Legislative proposals involving a modification of the state budget or of the budget of the state social insurance must be substantiated on the information compulsorily required from the Government.The revision of the Constitution may be initiated by the President of Romania, at the proposal of the Government, or of at least one quarter of the number of Deputies or of the Senators, or of at least 500,000 citizens entitled to vote. The citizens initiating the revision of the Constitution must come from at least one half of the counties of the country, and in each one of these counties, or in the Municipality of Bucuresti, at least 20,000 signatures must be registered in support of this initiative.Initiatives for the revision of the Constitution are handed in for debate only to ether with the decision of the Constitutional Court attesting the exercise of the constitutionality control. The legislative initiatives of the Government are called draft bills, and are exercised by sending them to one of the Chambers; those of the Deputies, Senators, or citizens are called legislative proposals, and can be presented only in the form required for draft bills. Legislative proposals are submitted for adoption first to the Chamber in which they were presented.Debates in Parliamentary CommitteesDraft bills or legislative proposals are submitted for debate to the Chamber of Deputies or to the Senate together with the advisory opinion of the Legislative Council. They are registered in the order of their presentation. After they have been received and registered, the standing bureau will distribute them to the parliamentarians and send them to the standing committees for examination in the substance and formulation of an advisory opinion.After they have received the draft bills or legislative proposals, the parliamentarians may advance motivated amendments in writing, which are transmitted to the Standing Bureau at least 6 days before the debate of the draft bill or legislative proposal in the plenum of the Chamber. The amendments are submitted to the examination of the competent committees, whose conclusions are added to the previously drawn up report.At the request of the chairman of the parliamentary committee informed of the matter, the Legislative Council analyses and issues an advisory opinion on the amendments submitted to the debate of the committee and the draft bills or legislative proposals received by the committee after their adoption by one of the Chambers of Parliament.The Standing Committee informed of the matter draws up a report including proposals with regard to the amendments resented, to the adoption or rejection of the draft bill or legislative pro osal as well as to the advisory opinions communicated by the committees informed to this purpose.The report drawn up by the committee informed of the matter is distributed by the Standing Bureau to members of the respective Chamber and to the Government.The draft bills and legislative proposals for which a report has been drawn up by the committee informed of the matter are entered on the agenda of the Chamber of Parliament. Before it is entered on the agenda, the author of the legislative initiative may withdraw it.After approval of the agenda by the Chamber, the draft bills and legislative proposals are submitted to debate and adoption in the order in which they were entered on the agenda.Debates in PlenumThe development of the legislative procedure in the plenum of the Chambers involves a general debate on the draft bill or of the legislative proposal, and a debate by articles. The general debate is preceded by a presentation by the initiator or his representative, of the motives which have led to the promotion of the legislative initiative.The initiator's intervention is followed by the presentation of the report of the standin committee informed of the matter. The report is presented by a rapporteur designated by the committee. After presentation of the report, the president gives the floor to the parliamentarians in order of their names entered on the speakers' list. The initiator has the right to take the floor before the closing of the general debate.At the general debating. stage of the legislative initiative amendments can be neither proposed, nor adopted. If the report of the standing committee informed of the matter proposes the rejection of the legislative proposal, after closing the general debate, the president of the Chamber may put the matter to the vote.After exhaustion of the eneral debate, the Chamber passes to the debate of the legislative initiative by articles, with the modifications proposed in the report of the standing committee informed of the matter.In the discussion of each article, parliamentarians may take the floor to exp ress their own opinion or that of the group to which they belong. The initiator also may take the floor. In the speeches only amendments can be suggested regarding clarity of expression and style or issues which do not affect he substance of the case and which are of lesser importance.The discussion of the articles begins with the amendments. During the debates, the parliamentarians or the Government may raise for discussion the amendments rejected by the committee informed of the matter or the amendments handed in to the committee, but not appearing in its report. By way of exception, new amendments may be handed over during the debates in plenum as well. Amendments must refer to the contents of a single article.In case the amendment has important consequences on the draft bill or n the legislative proposal, it may be decided to send it for an advisory opinion to the competent committees. The initiator of the amendment has the right to be heard at the proceedings of the committee.The discussion begins with the amendment proposing the elimination of some texts included in the article submitted to debate, and continues with those regarding their modification or supplementation. In case there are several amendments of the same kind, they are submitted to the vote in the order in which they were presented.The Chamber decides by distinct vote on each amendment. At the request of the Government or on its own initiative, the Chamber may adopt draft bills or legislative proposals by an expeditious procedure established according to the standing orders of each Chamber.Voting of the Draft BillAt the closing of the debate by articles of each draft bill or of each legislative proposal the Chamber proceeds to their final voting. Draft bills or proposals for the revision of the Constitution are adopted by a majority of at least two thirds of the number of members of each Chamber. Draft of organic laws are passed by the vote of a majority of the members of each Chamber. Ordinary draft bills are passed by the vote of a majority of the members present in each Chamber.If the draft bill or legislative proposal has been adopted,.it is signed by the president of the Chamber and sent for debate to the other Chamber of Parliament. A draft bill or legislative proposal adopted by one Chamber and rejected by the other is sent to the Chamber which has rejected it with a view to a new debate. A new rejection is final.MediationIf one of the Chambers has ado ted a draft bill or legislative proposal in a wording different from that passed by the other Chamber, the presidents of the two Chambers initiate the procedure of mediation through the agency of a parity committee. The Mediation Committee wiII try to eliminate the texts on which there is division of opinion by drawing up a formulation acceptable to the two Chambers. The proposals of the Mediation Committee are entered in a report, which is submitted for debate and adoption to the two Chambers in separate sittings.In case the Chambers adopt the Mediation Committee's report, the law is sent for promulgation.In case the Mediation Committee fails to reach an agreement with regard to the issues on which there is division of opinion, or if one of the Chambers does not approve the Mediation Committee's report, as a whole or in part, the texts on..which there is division of opinion are submitted for debate in a joint sitting of the two Chambers, accordirig to the standing orders of these sittings.Control of the Constitutionality of the LawsThe laws adopted are submitted to a preliminary control as to their constitutionality at the intimation of the President of Romania, of one of the presidents of the two Chambers of the Government, of the Supreme Court of Justice or of a number of at least twenty-five senators, or at least fifty deputies. In order to exercise this right, the law is handed to the secretaries general of the two Chambers, it is communicated to the interested parties, and, after passage of a term of five days, it is sent to the President of Romanra for promulgation. Intimation of the Constitutional Court suspends the term for the promulgation of the law.If the Constitutional Court has been informed and has declared the law unconstitutional as a whole or in part, the Constitution provides the release of the re-examination procedure. This procedure presupposes an examination of. the objection of unconstitutionality first in the Juridical Committee, and then, on the basis of the report of thls committee, in the plenum of the Chamber, where the law declared unconstitutional is submitted to a single vote only The objection of unconstitutionality of the Court is removed only in case that both the Chamber of Deputies and the Senate have adopted the law in the same form, with a ma ority of at least two thirds of the number of members of each Chamber. In case in one of the Chambers the two thirds majority is not obtained, the provisions declared unconsititutional by the Constitutional Court are removed from the law, and the necessary technical and legislative correlations are operated with the Chamber's approval; lf the law as a whole is decfared unconstitutional and the Chambers once more fail to adopt it by at least two thirds majority, it will no longer be sent to the President of Romania for promulgation.Promulgation of the lawThe laws adopted by the two Chambers of Parliament with identical texts are sent for promulgation to the President of Romania. The promulgation is made within 20 days at the most after its reception. Before promulgation, the President may ask Parliament, once only, to re-examine the law within not more than 20 days after the law was received for promulgation.If, after re-examining the law, both Chambers adopt or reject the ob ections of the President of Romania, the President is obliged to proceed to the promulgation within 10 days after the reception of the law adopted after re-examination. The same promulgation term operates also in the case in which the President of Romania has received the decision of the Constitutional Court bv which the law is declared constitutional.Coming into Force of the LawThe law comes into force on the day of its publication in the Monitorul Oficial (Official Gazette of Romania), or at the date provided in its text, which date may not be previous to the publication.

7.2 Appointment and revocation of some State AuthoritiesThis function expresses a certain pre-eminence of Parliament to other public authorities, a certain right in connection of the institutionalization of the other state authorities.According to the Constitution, the Parliament of Romania may suspend from office the President of Romania (Article 95); it grants the vote of confidence into the programme and the whole list of the Government (Article 102); it appoints the president and department heads of the Legislative Council; it appoints the director of the Romanian Intelligence Service; it elects the magistrates composing the Superior Council of the Magistrature; it appoints the members of the Court of Audit and so on. The Senate of Romania appoints the Advocate of the People (Article 55) and three judges at the Constitutional Court (Article 140) etc. The Chamber of Deputies appoints three judges at the Constitutional Court (Article 140) etc. In exercising this function, Parliament sometimes effects itself these ap ointments, and in some cases it only participates in the development of the appointment procedure, its role being, of course, decisive This occurs, for instance, in the case of the investiture of the Government, a complicated procedure in which the role of Parliament is to grant a vote of confidence. The investiture of the Government is regulated both by the constitutional provisions regarding the Government, and by those with reference to the President of Romania; they can be found in Articles 85 and 102 under the Constitution.The investiture of the Government represents an indispensable stage in pluralistic regimes which accept the change of the executive as a result of the consultation of the people by elections. Hence, a new Government is to be invested after elections, depending on the political configuration of the Parliament. This procedure of investiture is also repeated in the case in which the Government designated by the vote of confidence of Parliament is discharged from office. The fundamental rule to which the formation of the Government is submitted takes in consideration the fact that a government cannot receive the investiture, nor function without parliamentary support This rule, unanimously recognized in the parliamentary political regimes has for the first time found a juridical validation in the 1991 Constitution of Romania.None of the constitutions of the Romanian State, neither the 1923 Constitution, nor the 1938 Constitution and the other constitutions have provided such a democratic and absolutely necessary rule for counteracting power excesses in the state.The investiture procedure includes four stages:the designation of the candidate for the office of prime minister;formation of the list of the Government and elaboration of the governing programme;the debate in Parliament of the programme and list of the Government, the granting of confidence to the Government;confirmation of the Government.Designation of the Candidate for the 0ffice of Prime MinisterThis stage corresponds to the exercise of some presidential prerogatives, by virtue of which the President of Romania is the only person qualified to designate a candidate for the office of prime minister. In exercising this prerogative, the President of Romania operates by virtue of his office as guarantor of the functioning of the public authorities. He is also responsible for the constitution of the authorities, respectively for the investiture and functioning of the Government.The President of Romania designates a candidate for the office of prime minister, after the consultation of the party which has an absolute majority in Parliament, or, if there is no such a majority, of the parties represented in Parliament.The reason of these consultations derives from the necessity to ensure parliamentary support for the granting of the vote of confidence into the new Government. In other words, the President of Romania cannot act arbitrarily in designating the candidate to the office of prime minister; he is obliged by the Constitution to appoint a candidate with chances to obtain the confidence of Parliament. These chances are all the greater as they spring from the existence of a majority party which acts at the proposals of the President, or by the joining of several political parties to support the candidate proposed by the President of Romania.Elaboration of the List of the Government and of the Governing ProgrammeThese are exclusive tasks of the candidate designated for the office of prime minister. Naturally, the candidate has no unrestricted freedom of action, since he or she must take into account the programmes for the political parties on which the granting of the confidence vote will rest as well as the negotiations with regard to the formation of the new Government. As a rule, not only the principles of the governing programme, but also the persons who are to carry it out are established as part of these negotiations. Moreover, the vote of confidence of Parliament considers this agreement between the programme and the persons apt to put it in practice.Granting of the Vote of ConfidenceThe candidate designated by the President of Romania for the office of prime minister disposes of 10 days for soliciting the vote of confidence from Parliament. This term begins to flow after the day when the President of Romania has made public his option for the candidate to the office of prime minister. The term of 10 days is only a recommendation to the candidate to the office of prime minister for presenting to Parliament th request of investiture. Hence, non-observance of this term can have only political consequences in the relations of the candidate with Parliament. The President of Romania may, however, re-evaluate the presidential option for the candidate proposed for the office of prime minister, if the candidate fails to solicit the vote of confidence within 10 days after designation.Together with the request for the vote of confidence from Parliament, the candidate to the office of prime minister also presents the governing programme and the whole list of the Government. The debate of the programme and of the list of the Government is to take place in not more than 15 days after their presentation, in a joint sitting of the Chamber of Deputies and of the Senate. Before the joint sitting of the two Chambers begins its proceedings, the candidates to ministerial offices are heard in joint sittings of the appropriate committees of the two Chambers covering the same domain of activity as that of the possible future minister. After these hearings the respective committee draw up an advisory opinion, which is transmitted to the candidate to the office of prime minister. On the basis of the advisory opinions received, the candidate may operate modifications in the list of the Government or even preserve its initial configuration, assuming the responsibility for the investiture of the Government team.After termination of the hearings, the standing bureaux of the two Chambers fix the date of the joint sitting for the debate of the programme and list of the Government. A vote is taken when the debate is exhausted. Confidence is granted to the Government by secret vote expressed with marbles. The Government gets the confidence of Parliament if it obtains an absolute majority of votes, respectivel? if a majority of the deputies and senators declare in its favour.In case this majority is not achieved; the President of Romania will start a new investiture procedure by organizing other political consultations for the designation of the candidate to the office of prime minister. By taking into consideration the causes which have led to the rejection of the vote of confidence (the quality of the programme, the person designated as candidate to the office of prime minister, the persons proposed for government functions, etc.) the President of Romania designates as candidate to the office of prime minister the same person or chooses another, following upon the political consultations which he will have made according to the constitutional provisions. A new attempt to obtain the vote of confidence may also fall through. But rejection of the vote of confidence after two miscarried attempts points out a serious political crisis deriving from a profound division of the political forces represented in Parliament, and from the impossibility to constitute a parliamentary majority apt to support a Government. In this situation, the President of Romania may resort to the proposal of new candidates for the office of prime minister, followed by new solicitations of the vote of confidence. But, after the rejection of at least two investiture requests and at the closing of an interval of sixty days after the first demand for the granting of the vote of confidence, the President of Romania may proceed to the dissolution of Parliament. The act of dissolution has the significance of a political recourse to an electoral arbitration, the people being called again to the urns in order to express its will on a new composition of Parliament, apt to ensure the governing of the country.Appointment of the GovernmentIt is a prerogative of the President of Romania to appoint the Government, and its exercise takes place after the vote of confidence granted by Parliament. The Chamber of Deputies and the Senate meeting in a joint sitting grant confidence to the Government by the vote of a majority of the deputies and senators. The result of the vote is recorded in a decision of Parliament, which is transmitted to the President of Romania. In case Parliament has granted confidence to the Government, the President will proceed to the appointment of the Government by decree, in the form approved by Parliament. In other words, the vote of confidence is decisive on the governmental formula, since the President of Romania is obliged to appoint the Government only in the componence approved in the joint sitting of the legislative Chambers.

7.3Parliamentary ControlThe institution of parliamentary control in Romania is expressly consecrated in the content of Article 110 paragraph 1 under the Constitution. According to the provisions of this article, "The Government and other agencies of public administration shall, within the parliamentary control over their activity, be bound to present any information and documents requested by the Chamber of Deputies, the Senate, or parliamentary committees throgh their respective presidents." From the way in which this text is drawn up results the notion that the Constitution of Romania expressly accepts the parliamentary control over the Government and over the other authorities of the public administration, regardless of whether they are central or local.The parliamentary control exercised with reference to the Government and the public administration assumes a series of specific possibilities among which rank: informing the deputies and senators, questions and interpellations, parliamentary inquiries, the Advocate of the People's activity, the introduction of a motion of censure.Information of the Deputies and SenatorsThis represents the first condition of the exercise of the parliamentary control. Data offered by this information have the role of determining the parliamentary action towards the Government and the other bodies of the public administration.The information may concern Parliament as a whole, one of its Chambers, the parliamentary committee, or the Deputies and Senators.According to the Constitution, the information of Parliament by the President of Romania or by the prime minister takes place by means of different instruments and procedures. Thus the President of Romania enters in communication with the two Chambers in joint sitting, through messages. He has, however, the possibility of asking one of the Chambers to reexamine a law before its promulgation.The prime minister, on the other hand, has the possibility of presenting either in the Chamber of Deputies, or in the Senate reports and declarations with regard to the policy of the Government, which are submitted to th debate of the Chamber in front of which they were presented. From this rule are excepted the programme presented for the investiture of the Government as well as the declarations made in case of release of the procedure regarding the engagement of the Government's responsibility on a programme, a declaration of general policy, or a draft bill, or of that which refers to the withdrawal of the confidence granted to the Government, by the furtherance of a motion of censure, which are submitted to debate in a joint sitting of the Chamber of Deputies and the Senate.The parliamentary committees may be informed by the Government at any time by the participation of the members of the Government or of the representatives of the public administration in their proceedings. Moreover, the parliamentary committees can make use of the rights conferred by Article 110 under the Constitution, by virtute of which they may solicit through the agency of their presidents, the information and documents they need in exercising the duties of parliamentary control. The Government and the other bodies of the public administration are obliged to present the information and documents solicited. It is important to notice that the solicitations made by the committees or the Chambers may not exceed the sphere of activity of the Government or of the public administration. The Constitution prohibits parliamentary interference with the activities of the judicial authorities. The acces of the Deputies and of the Senators to the same governmental sources of information is permitted in the terms of Article 110 under the Constitution.The solicitation of this information is of particular importance both as part of the exercise by Parliament of the legislative function, and in the case of exercising the control function, the information received in this way being essential for the finalizing of the draft bills and for the release of actions that lead to a modification of Government policy or its termination.QuestionsArticle 111 under the Constitution provides the obligation of the Government, including that of each of its members to answer questions put by deputies or senators. According to the Standing Orders of the Chamber of Deputies and of the Senate, by question is understood a simple request for a reply as to the truth of a fact, the exactness of an information as to whether the Government and the other bodies of the public administration intend to communicate to the Chambers the acts and information solicited by a Deputy or a Senator, or if they intend to take a decision in a determined issue.According to the Standing Orders of the Chamber of Deputies, questions may be oral or written. Replies to the questions may not lead to the furtherance of a motion of censure.The Standing Orders of the two Chambers attempt to give a definition of questions by restraining their field, in order to avoid a substitution of persons holding functions in the Government and in the public administration by parliamentarians, or at least for checking their captious interventions in the business of the executive.InterpellationsInterpellations represent a constitutional means of control of Parliament on the Government and its members. Interpellations are made in writing and their object must be stated precisely. They are entered in a special register and posted in the assembly hall. Interpellations are developed in a weekly sitting, in which the floor is given to the interpellator and to the representative of the Government, who may reply immediately, or ask for a respite up to the next sitting devoted to the debate of interpellations.Likewise, the text of Article 111 paragraph 2 under the Constitution enables each Chamber to express by a motion its position with regard to the issue which has made the object of the interpellation. This is one of the few possibilities which a single Chamber has for adopting a certain attitude in front of the Government, of its policy in a certain domanin, or towards a person exercising a governmental function. In all cases, however, the motion produces no juridical effects, it being only a political sanction which may affect the position of the Government in the issue forming the object of the motion.Parliamentary inquiriesParliamentary inquiries represent one of the most specialized means of parliamentary control on the Executive and on the public administration. According to the constitutional regulations, each Chamber may constitute inquiry committees or other special committees, and there is also a possibility for the constitution of joint committee of the two Chambers.By virtue of the parliamentary standing orders, the committees of inquiry are set up by the Chamber of Deputies or the Senate at the request of one third of their members, rules which also apply when a parliamentary inquiry committee is set up joint sitting of the two Chambers. Likewise, every standing committee may start an inquiry, as part of the object of its activity, with regard to the activity developed by the Government, with the approval of the Chamber of Deputies, respectively of the Senate. To obtaining their approval, the committee has to present a written request adopted by a majority of votes from the members of the committee, stating precisely the matter which forms the object of the inquiry, its aim, the means required, and the term by which the report will be presented to the Chamber of Deputies, or the Senate. In all cases, the setting up of inquiry committee is submitted for approval to the respective Chamber, which requires a majority of votes from the deputies and senators.The activity of the inquiry committee is one of information on the activity of the Government or of the public administration, and it is finalized with the elaboration of a report which is submitted to the debate of the Chamber which has set it up. As a rule, the debate is followed by a vote for the approval or disapproval of the report. On the basis of the conclusions reached by the committee it is possible to determine a change of attitude in the activity of the investigated authorities, judicial bodies may be informed for the performance of criminal investigations, or one may even arrive at the promotion of a motion of censure the approval of which entails the resignation of the Government.The control exercised by the Advocate of the PeopleThe fundamental role of the Advocate of the People is to defend the rights and liberties of the citizens, particulary in relation to the public authorities and especially to the executive ones.The Advocate of the People is appointed by the Senate for a duration of four years. Over the duration of the mandate, the Advocate of the People may not hold any other public or private function. The Advocate of the People exercises his duties either ex officio, or at the request of the interested persons. In order that the activity of the Advocate of the People should be efficient, the Constitution makes it obligatory for the public authorities to provide the necessary support.The Advocate of the People is responsible only to Parliament, having the obligation to present reports to it. In these reports, the Advocate of the People may also make recommendations regarding the legislation, or the taking of measures for the protection of public freedoms.Motion of CensureThe motion of censure represents a corollary of the parliamentary control. The Government is submitted to the vote of confidence of Parliament. But this vote of confidence is not granted once and for all. Hence, the confidence granted to the Government may also be withdrawn by having recourse to a motion of censure.On the grounds of Article 112 under the Constitution, the motion of censure may be initiated by at least a quarter of the total number of deputies and senators. ln other words, such a motion may be signed by at least 121 Senators and Deputies. After the motion of censure is introduced, the standing bureaux of the two Chambers communicate it to the Government and convene a joint sitting of the Chamber of Deputies and of the Senate for presentation of the motion of censure in this forum. Three days after the presentation of the motion of censure, its debate takes place in the same joint sitting, and a vote is taken thereafter. The motion of censure is adopted, if a majority of the Deputies and Senators vote in its favour. Adoption of the motion of censure is effectively followed by the dismissal of the Government and the release of the proceedings for the investiture of a new Government.The introduction of some motions of censure may be used as a means of chicanery, and to prevent such a practice, the Constitution provides certain limits regarding its initiation.Thus, according to Article 112 paragraph 4 under the Constitution, in case the motion of censure is rejected by Parliament, the Deputies and Senators who have signed it may not, in the same session, initiate a new motion of censure, except the case in which the Government engages its responsibility according to Article 113 under the Constitution. In accordance with this article, the Government may engage its responsibility in front of the Chamber of Deputies and of the Senate, in a joint sitting, on a programme, a declaration of general policy, or of a draft bill. Within 3 days after the presentation of the programme, of the declaration of general policy, or of the draft bill, the introduction of a motion of censure and its adoption by vote in the terms established by Article 112 under the Constitution result as an effect in the dismissal of the Government. The motion provided by Article 113 under the Constitution, unlike that provided by Article 112, is a motion of censure provoked by the Government, pursuant to the fact that it wants a modification of the governing programme, or the adoption of a draft bill without its passage through the stages of the legislative procedure. The motion provided under Article 113 must be handed in within a term of 13 days. After passage of this term it remains without effects, because at the expiry of the 3 days, the programme, declaration of general policy, or draft bill are considered to be adopted. Hence, the programme, or declararion of general policy become obligatory for the Government, and the draft bill becomes law, and it has to be transmitted for promulgation to the President of Romania, who, in his turn, has the possibility to request its re-examination in a joint sitting of the two Chambers, and even to solicit the Constitutional Court to examine its constitutionality.