LESIJ NO. XX, VOL. 1/2013
ONLY STATE PRESIDENT?
Last 4 years showed to Romania that is impossible to deny the national feeling of passionately
activism in politics: for sure, we are Latin and we remain Latin. All this big debate was related to a person
and to his position in Romanian state.However, no one was able to be totally independent in his/her
analyze, and, if he/she was totally independent, the press take hundreds of attacks against every person who
wrote any opinion in this special problem: what kind on republic want we? Politicians want to change this
year our Constitution, but I believe they won't be able to do this. In t his context, we must start a real
national debate of public law specialists, about this institutional problem: we want one president and one
prime-minister with powers, or a prime-minister with powers and a president like a puppet? This kind of
speech appears now because in 2012 and the key-word of our politics was the legitimacy. In this case, when
this political concept become too strong, it is necessary to offer a legal answer. Our text tries to be one of
Keywords: President of Romania, Constitution, state institutions, legitimacy, government.
For Romania, the 2012 year was one of the hardest, since th e movements of December
1989 brought us the liberty.
That year was not very dangerous because of snow, but it becomes more dangerous
because in Romanian legislation are not settled some specific regulations against the p oliticians,
cause their power to make b ad for the society is not limited. In this case, even the small medical
examination - mainly psychiatric - will b e able to stop some "characters" who perform now,
without any control, in national and sometimes European politics.
Romanian Constitution is not very good of its institutional part, because the purpose of its
regulations was made by the same president, on 1991 and 2003, who had a strong influence on
the commission who wrote the project. Thus, the main problem is that n o institution is
completely well defined by the constitutional norms, and starting with this truth, we can watch
that the their functioning was bad from the beginnings.
The author try to analyze and describe where is the limit of state president powers in
Romania and abroad, trying to understand what is the main solution for Romanian state and
The author intends to answer underlining few ideas who are still available in legal
science, especially in their relation with new socio-political paradigm. In the same time, we must
offer a perspective for the future: the dispute between national ideas about state framework and
world ideas about the executive power must be finished in one way; we must choose one
direction and step forward.
On a normal society, this kind of scientific articles are analyzed with deep attention,
because it might offer some directions for future, just because - for example - one of the authors
can become after a wh ile judge on Constitutional Court and his/her ideas about state framework
can produce a lot of result for the daily practice of executive institutions.
Lecturer, PhD, National School of Political and Administrative Studies, Bucharest, Romania (email: