IPU PARLINE database: ROMANIA (Senatul), Oversight

Parliament name (generic / translated)

Parlamentul României / Parliament of Romania

Structure of parliament

Bicameral

Chamber name

Senatul

Related chamber (for bicameral parliaments)

Camera Deputatilor / Chamber of Deputies

Type of political regime

semi-presidential

Notes

The President represents the state and is the guarantor of national independence, national unity and national territorial integrity (Article 80 of the Constitution). The President safeguards respect for the Constitution and the proper functioning of all public authorities. To this effect, the President acts as mediator between the various state powers and also between the State and society.

Head of the executive

Prime Minister

Notes

The Government ensures the implementation of the country's domestic and foreign policy and provides general management direction for the public administration (Article 102 of the Constitution). It consists of the Prime Minister, ministers and other members. The Prime Minister directs the Government and coordinates the activities of its members while respecting the functions allotted to each member.

Method for appointing the executive

The President is elected by universal, equal, direct, secret, and free suffrage (Article 81 of the Constitution). The President of Romania designates a candidate for the office of Prime Minister following consultations with the party holding the absolute majority in the parliament, or, where such a majority does not exist, with all parties represented in the parliament (Article 103 of the Constitution). Within 10 days of his or her designation the candidate for Prime Minister shall seek a vote of confidence from the parliament on the Government's programme and the full list of the Government's members. Both the programme and the list of the Government's members are discussed and voted on by a majority vote of deputies and senators in joint session.

Term of office of the executive and coincidence with the term of the legislature

Parliamentarians are elected for a term of four years (Article 63 of the Constitution). The term of office for the President has been five years since 2003 (Article 83 of the Constitution).

Incompatibility of the functions of member of the executive and member of Parliament

No

The office of senator is incompatible with the exercise of any function in authority with the exception of government membership (Article 71 of the Constitution).

Dissolution of Parliament

Yes

Circumstances

The President may dissolve the parliament if the latter has not provided a vote of confidence to form a Government within 60 days (Article 89 of the Constitution).

Modalities

After consultations with the Presidents of both chambers and the leaders of the parliamentary groups, the President of the Republic may dissolve the parliament if the latter has not provided a vote of confidence to form a Government within 60 days after the first such request was made and if there have been at least two refusals to return a vote of confidence. The parliament cannot be dissolved more than once per year. Between 1990 and 2000, the parliament has never been dissolved, but its mandate has been prolonged three times until new chambers could legally meet.

Accountability of Government to Parliament

Yes

The Government is only responsible to both chambers of the parliament assembled in joint session (Article 109 of the Constitution). The Government is collectively responsible for its actions and activity.

Modalities of oversight

Oral and written questions of parliamentarians

The Government and each of its members are required to reply to questions or interpellations tabled by senators (Article 112 of the Constitution).

Government reports to Parliament

The Prime Minister directs the Government and coordinates the activities of its members while respecting the functions allotted to each member. He or she also presents reports and declarations on government policy to the Senate, which are discussed as a matter of priority.

Measures

Vote of confidence on Government programs and/or legislative proposals

Within 10 days from his or her designation, the candidate for the office of Prime Minister shall seek a vote of confidence from the parliament. The Government's programme and the list of its members are debated by both chambers in joint session, and a vote of confidence is returned by a majority vote of the deputies and senators. In cases of Cabinet reorganisation the President dismisses and appoints government members on the advice of the Prime Minister. However, if a Cabinet reorganisation entails changes to the structure or the political composition of the Government then the President may only do so with the approval of the parliament.

The Government may engage its responsibility before the parliament in joint session on a legislative programme, a general policy declaration or on a bill (Article 114 of the Constitution). It is dismissed if a motion of censure is tabled three days after any such presentation and adopted. If the Government is not dismissed, any draft bill presented, either amended or completed, is considered adopted, with any such amendments accepted by the Government. If a legislative programme or general policy statement was presented its implementation then becomes binding.

Motions of censure and votes of no confidence (sub-report)

Circumstances

Both chambers may withdraw their confidence in the Government by a vote of no confidence (Article 113 of the Constitution).

Modalites

Both chambers, in joint session, may withdraw their confidence in the Government by a majority vote of the deputies and senators. The motion of censure may be initiated by at least one fourth of the total number of deputies and senators, and shall be notified to the Government upon the date of its tabling. The motion is debated and voted after three days have elapsed from the date on which it was tabled before the joint session of the chambers. If it is not carried, those deputies and senators who signed it may not table a new vote of no confidence in the same session except in the case where the Government engages its responsibility before the parliament.

Consequences

The Government is dismissed from office on the date the parliament withdraws its confidence. Between 1990 and 2000, nine motions of no confidence were tabled by the opposition but none was carried.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President may be suspended from office by the Chamber of Deputies and the Senate if he or she has committed grave acts infringing constitutional provisions (Article 95 of the Constitution). Both chambers may also decide to impeach the President for high treason. Only the Chamber of Deputies, the Senate and the President have the right to bring criminal charges against members of the Government (Article 109.2 of the Constitution).

Modalites and procedure

The President may be suspended from office by a majority vote of the deputies and senators in joint session after consultations with the Constitutional Court if he or she has committed grave acts infringing constitutional provisions. The President may provide the parliament with explanations regarding the matters of which he or she is accused. The motion to suspend the President from office must be tabled by at least one third of deputies and senators. Impeachment of the President for high treason requires at least two thirds of the votes of the deputies and senators meeting in joint session. Such a motion must be tabled by a majority of the deputies and senators and immediately brought to the President's notice so that he or she may provide explanations regarding the matters of which he or she is accused. The President is suspended from office de jure from the date on which the accusation is brought until the incumbent's dismissal.

The Chamber of Deputies, the Senate and the President have the right to bring criminal charges against members of the Government for acts committed in the performance of their respective functions (Article 109.2 of the Constitution). If criminal charges have been brought against government members the President may decide to suspend them. The commencement of any judicial proceedings against a government member automatically leads to that member's suspension from office. Such cases are heard by the Supreme Court.

Consequences

If the motion to impeach the President is carried within 30 days a referendum is held to dismiss the President. Cases of high treason are heard by the Supreme Court. The President is dismissed de jure on the date on which the decision that such a case is proven becomes definitive. The Government shall then organise elections for a new President within three months. If the office of President becomes vacant, if the President is suspended from office, or if he or she is temporarily prevented from performing official duties, then the President of the Senate or the President of the Chamber of Deputies in that order shall perform those duties as an interim measure.

The President, deputies and senators may be accused of and brought to trial on criminal charges for actions not connected with votes and political opinions stated in the performance of their respective duties (Article 72 of the Constitution). Accusations and indictments for criminal charges may only be heard by the Supreme Court, which is competent to hand down a judgement. In the case of flagrante delicto, an individual may be detained and searched. The minister of justice shall promptly inform the President of the Chamber of Deputies about such detention and search. Where the said chamber finds no grounds for such a detention, it shall immediately order that the detention be repealed.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The Government is only responsible to both chambers of the parliament assembled in joint session (Article 109 of the Constitution). The Government is collectively responsible for its actions and activity. Ministers are only subordinate to the Government.

Means and modalities of oversight

Hearings in Committees

The Government and other public administration bodies are bound to present any information and documents required by the Senate or its committees through their Presidents (Article 111 of the Constitution). Participation of members of Government is compulsory if their presence is requested.

Committees of inquiry and missions to Government departments

Any standing committee or one third of senators may open an inquiry in their area of competence on any activity carried out by the Government or by public administrative bodies. To obtain such approval a committee shall present a written request, adopted by a majority vote of its members, setting out the subject of the inquiry, its aim, the means required and the deadline for the committee's report to the Senate. A committee of inquiry may cite before it any person having pertinent testimony regarding, or expert knowledge of, any matter that might aid the discovery of the truth of the matter forming the subject of the committee's interest. All individuals, institutions and organisations involved are required to respond to a committee of inquiry's summons by the deadline that it shall lay down.

Oral and written questions of parliamentarians

Any senator may table questions, interpellations or requests for information to the Government, ministers or other senior civil servants in the public administration. A question shall consist of a request for a reply on a precise point. The President of the Senate has the right to refuse certain types of questions. Government members do not reply to oral questions if the questioner is not in the chamber at the time, however, the Senate shall then fix the date on which they are required to reply.

As a general rule, the first day of each week when the Senate meets in plenary session is reserved for questions and interpellations. The duration reserved for these is fixed by the standing bureau of the Senate. Any questions that have not been put and replies that have not been given during the period set aside due to lack of time are rescheduled for the following session keeping to the order in which they were tabled. Questions may not give rise to a debate. Nevertheless, in cases where replies to questions give rise to responses these shall not exceed three minutes. The same time limit shall apply to replies to responses.

In a case where a reply is considered insufficient or where a reply to an interpellation is missing, the Senate adopts a motion setting out its position on the question in the interpellation. Similarly, any unjustified refusal to reply to requests for information may lead to legal proceedings in certain cases. The President of the Senate may refer the matter to the competent legal authority on behalf of the senator who tabled the question.

Role of Parliament in the appointment of senior Government officials

The parliament appoints certain public officials. This is done by each chamber separately, or by both chambers in joint session. The parliament appoints the heads of the following public bodies or autonomous administrative bodies: the national committee on property values, the competition council and the council of the committee on insurance supervision. The parliament also appoints members of the national council for academic evaluation and accreditation, and, on advice from the President, the directors of the intelligence services. The debate on proposed appointments is conducted on the basis of a joint report drawn up by the relevant committees of both chambers. Thus, the foreign policy committee shall hear all candidates nominated for appointment as ambassadors abroad and issue a consultative finding.

Activity reports of the Government administration and of public services or establishments

The following organisations and public services are required to put annual reports before the parliament: the Court of Accounts, the Legislative Council, the Peoples' Advocate, the council on competition, the national committee on property values, the National Bank, the Romanian information service, the foreign intelligence service, the guard and protection service, the special telecommunications service, the insurance monitoring committee, the national audio-visual council, Romanian Television, the national college for the study of the Securitate archives and the national press agency.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The Peoples' Advocate is appointed by the parliament in joint session of the two chambers (Article 65.2 of the Constitution), for a term of five years, to defend the rights and liberties of the individual (Article 58 of the Constitution). The Peoples' Advocate and his or her deputies may not perform any other public or private function except teaching functions in higher education.

Relationship to Parliament

The Peoples' Advocate operates ex officio or at the request of individuals alleging infringement of their rights and liberties. All public authorities are required to extend the Peoples' Advocate every facility in the performance of his or her duties. The People's Advocate presents reports to both chambers of the parliament once per year or at the request of the chambers. Reports may contain recommendations relative to legislation or of any other nature aimed at protecting the rights and liberties of citizens.

Consultation of Parliament in the preparation of the national budget

No

The Government shall prepare an annual draft state budget and a separate one for state social security schemes which are submitted to the parliament for approval (Article 138 of the Constitution).

Modalities of oversight

Examination of the budget / finance act by Parliament

The chambers work in joint session to approve the state budget and the state social security budget (Article 65.2 of the Constitution). The parliament only exercises oversight over the budget during the approval of the draft bill through the standing committees of both chambers on budgets, finance and banking. The plenary debate is preceded by a presentation of the basic elements of both drafts as well as by a presentation of the joint report of the two finance committees. During general debates only one speaker from each parliamentary group in both chambers and from among independent parliamentarians is allowed to speak. The representative of the Government has the right to address the plenary before the general debate is closed. The articles of the bill and any amendments are adopted by a majority vote of the deputies and senators present at the joint session. Once each item has been voted on, the parliament votes on the bill as a whole.

Reports on the budget / finance act by Committees

Individual parliamentarians or parliamentary groups may table written amendments with the committees on budgets, finance and banking of each chamber within a maximum of five days from the date the draft budgets were received. The finance committees then have a maximum of 30 days to draw up a joint report on each of the two draft budgets. The reports include both adopted and rejected amendments with a brief explanation in each case.

Fields overseen

Defence budget

Parliament exercises oversight over all public funds.

Budget of special departments

Parliament exercises oversight over all public funds.

Role of Parliament in national development plans

The parliament debates the broad lines of the economic policy that the Government must implement and grants a vote of confidence following the presentation of the Government's legislative programme.

Parliament's deadline for the examination and adoption of the budget / finance act

The Government is required to submit the draft budget bills to the parliament for approval by 10 October each year at the latest. There is no deadline set for the parliament to approve the budget.

Consequences of failure by Parliament to adopt the budget / finance act

If the bills for the state budget and the state social security budget have not been adopted at least three days before the budget period expires, the figures for the state budgets of the previous year are applied until the new budgets are adopted.

Budgetary autonomy of Parliament

Yes

Each chamber enjoys budgetary autonomy and adopts its own budget.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The parliament approves the accounts for the previous budget period. These are presented in the form of a bill by the Government.

Parliamentary oversight of public companies

No

Not applicable

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Court of Audit shall exercise control on the formation, administration, and use of the financial resources of the state and the public sector (Article 140 of the Constitution). Members of the court are appointed by the parliament for a nine-year term which may neither be extended nor renewed. They act independently in the performance of their duties but may be removed by the parliament. They are subject to the same legal incompatibilities as judges. Membership of the Court of Audit is renewed one third at a time every three years by the parliament.

Reports of the public auditor's office

The Court of Audit presents an annual report to the parliament on the accounts of each state budget that has elapsed including any irregularities the court may have noted. At the request of either the Chamber of Deputies or the Senate the court may audit the way in which public resources are managed and present a report on its findings. Any cases arising from offences uncovered by the Court of Audit are heard in special courts.

Specialised committee

Reports on public spending are presented every six months or once per session.

Foreign Relations Committee (sub-report)

Functions of the Committee

The Senate exercises oversight over foreign policy through the foreign affairs committee.

Powers of the Committee

All standing committees scrutinise draft bills, legislative proposals and amendments to provide reports and position statements for the plenary session. Other areas of competence for the foreign affairs committee are: (i) foreign policy programmes and issues; (ii) bilateral dialogue with similar parliamentary committees from other States and international parliamentary organisations; (iii) position statements on treaties, conventions and other international agreements to which the country subscribes, and; (iv) the holding of hearings for candidates for appointment as ambassadors abroad that give rise to a consultative position statement.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The Senate exercises oversight over foreign policy by organising plenary debates on foreign policy questions.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament may take the initiative to send a delegation to intergovernmental meetings or parliamentarians may participate at the request of the Government.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President concludes international treaties negotiated by the Government and submits them to the parliament for approval with a reasonable time (Article 91 of the Constitution). Other treaties and international agreements are concluded, approved and ratified according to the procedure established by law.

Other mechanisms for participation in foreign policy by Parliament

There are no means of oversight available to the Senate other than the above.

National Defence Committee (sub-report)

Functions of the Committee

The Senate exercises oversight over national defence policy through the committee on defence, public order and national security.

Powers of the Committee

All standing committees scrutinise draft bills, legislative proposals and amendments to provide reports and position statements for the plenary session. Other areas of activity for the committee are problems relating to defence, public order and national security.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President is the commander-in-chief of the armed forces and fulfils the function of President of the Supreme Defence Council (Article 92 of the Constitution). He or she may declare, with prior approval of the parliament, partial or total mobilisation of the armed forces. In exceptional cases only the President's decision may be submitted to the parliament for approval after the fact, but not later than five days from the date on which it was adopted. In case of armed aggression against the country the President shall take measures to repel the aggression and shall immediately inform the parliament of this through an announcement. If the parliament is not in session it is convened as of right within 24 hours of the occurrence of the aggression.

Role of Parliament in sending troops abroad

With regard to the dispatch of troops to other countries both committees on defence, public order and national security draw up a report which is debated in a plenary joint session of both chambers. Having debated the President's request for the dispatch of troops to other countries the parliament adopts a resolution which is published in the official journal.

Other mechanisms for participation in national defence policy by Parliament

There are no means of oversight available to the Senate other than the above.

Circumstances

The President may institute a state of siege or state of emergency throughout the whole country or in certain territorial administrative units and shall then request approval from the parliament of the measure adopted not later than five days after the decision is made (Article 93 of the Constitution). The Prime Minister must countersign the presidential decree. If the parliament is not in session it is convened as of right not later than 48 hours after the state of siege or emergency was instituted and sits for the duration of the emergency.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

In case of war or mobilisation the parliament continues to sit. If it is not in session it is convened as of right not later than 48 hours after either declaration. In time of war or during a state of mobilisation, siege or emergency the term of office of parliamentarians shall be extended as of right until such states shall cease (Article 63 of the Constitution). The parliament cannot be dissolved during the last six months of the President's term of office or during a state of mobilisation, war, siege or emergency.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court guarantees the supremacy of the Constitution (Article 142 of the Constitution). It is composed of nine Justices, each appointed for a period of nine years. This period can be neither extended nor renewed. Three Justices are appointed by the Chamber of Deputies, three by the Senate and three by the President. The nine Justices elect from among their number the President of the court for three years by secret ballot. The Constitutional Court is renewed in thirds every three years. The office of Justice is incompatible with any other public or private office with the exception of senior law teaching appointments. During their term of office Justices of the Constitutional Court are independent and cannot be removed.

Means and procedures

The Constitutional Court shall have the following powers: (i) to rule on the constitutionality of laws prior to promulgation on petition from the President, the President of either chamber, the Government, the Supreme Court, the Peoples' Advocate, at least 50 deputies or at least 25 senators, and ex officio on proposals to revise the Constitution; (ii) to rule on the constitutionality of treaties or other international agreements on petition from the President of either chamber, at least 50 deputies or at least 25 senators; (iii) to rule on the constitutionality of the parliaments internal regulations on petition from the President of one of the chambers, a parliamentary group, at least 50 deputies or at least 25 senators; (iv) to decide on exceptions raised regarding the unconstitutionality of laws or regulations before lower courts or commercial arbitration tribunals; (v) to rule on legal conflicts of a constitutional nature between public authorities on petition from the President, the President of one of the chambers, the Prime Minister or the President of the Higher Council of Magistrates, and to perform other duties.

Any legal or regulatory provisions in force deemed unconstitutional shall become null and void 45 days after the ruling if the Constitutional Court has been published unless within that time the Parliament or the Government as applicable have not brought the said unconstitutional provisions into line with the Constitution. During the same period the provisions deemed unconstitutional are suspended de jure. In cases of unconstitutionality regarding laws prior to promulgation the parliament is required to re-examine the relevant provisions to bring them into line with the ruling of the Constitutional Court. In the case where a treaty or international agreement has been found to be unconstitutional it cannot be ratified. The Constitutional Court's rulings are published in the official journal. Rulings are binding from the date of publication but are only valid for the future.

Evaluation of laws

No

Not applicable

Measures

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