Where do the limits of the discretionary power of the President of Romania in regard to the withdrawal of decorations end?

AuthorAlina Zorzoana
PositionPhD in progress, Faculty of Law, 'Nicolae Titulescu' University, Romania
Where do the Limits of the Discretionary
Power of the President of Romania in
Regard to the Withdrawal of Decorations
Alina Zorzoana1
Abstract: In the context of debates that occurred in the public spaces in regard to the decision of the
President of Romania to withdraw decorations awarded to public persons, this study intends to
perform an analysis in regard to the limits of the discretionary power of the head of state in this case.
Without involving the political component of this case, our research shall be limited to the applicable
legal framework (insofar there is any), the attributions of the Chancellery of Orders, the conditions of
awarding and withdrawing decorations, inclusively the necessity of motivating decrees as an essential
condition for the validity of the administrative deed. The study concurrently also refers to a
comparative analysis between similar situations of withdrawing decorations.
Keywords: discretionary power; decree; withdrawal; motivation; Chancellery of Orders
1. Applicable Legal Framework
In accordance with the provisions of art. 94 lit.a) from the Constitution of
Romania2 The President of Romania also fulfils the following attributions: a)
awards decorations and honourable titles”. Concurrently, art. 100 provides that
(1) In exerting his attributions, the President of Romania issues decrees, which
are published in the Official Gazette of Romania. The non-publication results in
the non-existence of the decree. (2) Decrees issued by the President of Romania in
exerting his attributions provided in article 91 para. (1) and (2), art. 92 para. (2)
and (3), art. 93 para. (1) and art. 94 lit. a), b) and d) are countersigned by the
1 PhD in progress, Faculty of Law, “Nicolae Titulescu” University, Romania, Address: Calea
Văcărești 185, Bucharest 040051, Romania, Corresponding author: alinazorzoana@gmail.com.
2 Republished in the Official Gazette of Romania, Part I, no. 767/31 October 2013.
AUDJ, Vol. 16, No. 1/2020, pp. 57-67

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