The Government of Romania

AuthorCatalin-Silviu Sararu
ProfessionPhD, is Associate Professor at the Law Department of Bu-charest University of Economic Studies
Pages142-148
Chapter XVI
The Government of Romania
1. The Statute of the Government
The regulation of the institution of the Government of Romania is made
mainly by the provisions of Cha pter III: The Government under Title III: The
Public Authorities of the Constitution of Romania, the provisions of the Admin-
istrative Code and the provisions of Law no. 115/1999 regarding the ministerial
responsibility1.
The Romanian Constitution provides in art. 102 (1) that the Government
has the role, according to its governing program accepted by the Parliament, to
ensure the realization of the internal and foreign policy of the country and to ex-
ercise the general management of the public administration.
From the content of art. 102 (1) of the Constitution shows that the Roma-
nian Government plays a dual role2:
a) a political role that consists in carrying out the internal and external
policy of the country. The guidelines of the Government's strategy for carrying
out the internal and external policy of the country can be found in the Government
Program, a document with political value, accepted by the Parliament on the oc-
casion of the Government's investment vote granted under the conditions pro-
vided by art. 103 of the Constitution.
In order to carry out the country's internal and external policy, the Gov-
ernment implements its governance program, mainly by transmitting to the Par-
liament the draft laws drawn up on the basis of the legislative initiative right it
has and by working with the two Chambers under the conditions provided by
Chapter IV - Parliament's relations with the Government of Title III - Public au-
thorities of the Constitution.
b) an administrative role consisting in the exercise of the general man-
agement of the public administration. The existence of the unitary and indivisible
Romanian state enshrined in art. 1 of the Constitution requires the existence of a
single Government that is at the top of all structures of public administration3 and
which has attributions in all areas of administrative activity. Thus, the Govern-
ment is a body of public administration with national territorial competence and
1 Republished in the Official Gazette, Part I no. 200 of March 23, 2007, as subsequently amended.
2 S ee Dana Apostol-Tofan, the comment of art. 102 of the Constitution in Ioan Muraru, Elena
Simina Tnsescu, (coord.), op. cit. (Constituia României. Comentariu pe articole), 2008, p. 941;
Verginia Vedina, op. cit. (Drept administrativ), 2015, p. 374; Antonie Iorgovan, op. cit. (Tratat de
drept administra tiv), vol. I, 2005, p. 362-365.
3 Antonie Iorgovan in Mihai Constantinescu, Antonie Iorgovan, Ioan Muraru, Elena Simina
Tnsescu, Constituia României revizuit. Comentarii şi explicaii, All Beck, Bucharest, 2004, p.
159.

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