Romania: GOVERNMENT AND POLITICS

GOVERNMENT AND POLITICS



GOVERNMENT Overview: Romania is a republic with a directly elected president and a bicameral legislature, the parliament. Since the fall of Ceauşescu in 1989, Romania has generally had a democratic system of government, albeit one largely dominated by a single figure, Ion Iliescu (who has been elected president three times), and parties associated with him.



Constitution: After the toppling of the Ceauşescu regime in 1989, a new constitution was ratified in 1991; it was last modified by referendum in October 2003.



Branches of Government: Romania’s government is divided into executive, legislative, and judicial branches. The executive branch is composed of the president (head of state), the prime minister (head of government), and the Council of Ministers (cabinet). The president is elected by popular vote and cannot serve more than two five-year terms (extended by a constitutional referendum from four years in 2003). The president serves as supreme commander of the armed forces, chairs the Supreme Defense Council, and nominates the prime minister. The prime minister appoints the government, which must be confirmed by a vote of confidence from parliament.



The legislative branch, a two-chamber parliament, is made up of the Chamber of Deputies (332 seats) and the Senate (137 seats). Deputies and senators serve four-year terms. Legislators are elected by party, as are all elected officials in Romania with the exception of the president and mayors; representation is allocated in proportion to votes for each party.



The judicial branch is divided into a Constitutional Court, a lower court system with municipal and county courts, a court of appeals, and a High Court of Cassation and Justice. The role of the High Court of Cassation and Justice, as defined by the constitution, is to ensure a unitary and consistent interpretation and enforcement of the law by all lower courts. The Constitutional Court addresses the constitutionality of challenged laws and decrees. There are nine members of the Constitutional Court. Each serves a nine-year term; appointments are non-concurrent. The two houses of parliament and the president appoint three judges each. Judges to the High Court of Cassation and Justice serve six-year terms and may serve multiple terms; like all other judges in the lower court system, they are appointed by the president on the recommendation of the 19-member Superior Council of Magistrates. The constitution provides for an independent judiciary; judges appointed by the president cannot be removed prior to the end of their terms.



Administrative Divisions: Romania is divided into 41 counties (judete; sing., judet): Alba, Arad, Arges, Bacau, Bihor, Bistrita-Nasaud, Botosani, Braila, Brasov, Buzau, Calarasi, Caras-Severin, Cluj, Constanta, Covasna, Dimbovita, Dolj, Galati, Gorj, Giurgiu, Harghita, Hunedoara, Ialomita, Iasi, Ilfov, Maramures, Mehedinti, Mures, Neamt, Olt, Prahova, Salaj, Satu Mare, Sibiu, Suceava, Teleorman, Timis, Tulcea, Vaslui, Vilcea, Vrancea; and one municipality (municipiu), Bucharest.



Provincial and Local Government: Romania is divided into 41 counties and one municipality (Bucharest). Each county is governed by a county council, with members elected by party; villages and towns are administered by mayors (elected individually) and local councils (elected by party). The county council coordinates the actions of all village and town councils within a given county. Each county and Bucharest has a prefect appointed by the central government, who is charged with representing the central government at the local level. The prefect directs public services of the ministries and central agencies at the local level and can block the actions of a local authority under certain specific conditions, such as violations of the law or the constitution. Such contested matters are then referred to an administrative court for arbitration. As of 1999, local councils have the power to dictate expenditures of budget allocations from the central government, as well as the power to raise additional revenue locally.



Judicial and Legal System: The Romanian legal system is based on the Napoleonic Code. Except in rare cases, judges, not juries, decide the outcome of trials. The Romanian government generally respects the civil liberties of citizens, although police abuses continue to be reported. In addition, reports by the European Commission have repeatedly raised serious questions about the political neutrality of the judiciary and stated that further measures are required to guarantee the independence and professionalism of judges and prosecutors. The Romanian legal system is struggling to cope with a steadily increasing volume of court cases, particularly commercial litigation, and a shortage of judges. A law designed to reform the judiciary, which Romania must do if it hopes to join the European Union, was overturned in July 2005 by the Constitutional Court, which is packed with allies of former president Ion Illiescu.



Electoral System: Representatives to the two houses of parliament are chosen by direct, popular vote on a proportional representation basis for four-year terms. Parliamentary elections were last held on November 28, 2004, with 58 percent of eligible voters turning out to the polls. The National Union PSD+PUR (the Social Democratic Party and the Humanist Party of Romania) won, with 36 percent of the seats in the Chamber of Deputies and 37 percent of the seats in the Senate. The Justice and Truth Alliance (made up of the Democratic Party and the National Liberal Party) won 31 percent of the seats in both the Chamber of Deputies and the Senate. The next parliamentary elections were scheduled for November 28, 2008, but early elections were called for in July 2005 after the entire cabinet resigned in protest over rulings made by the Constitutional Court.



The president is elected by direct popular vote. The most recent presidential election was held on November 28, 2004, with a runoff between the top two candidates on December 12, 2004. In that election, Traian Basescu (of the Democratic Party) defeated incumbent Prime Minister Adrian Nastase (of the Social Democratic Party, the dominant party in the post-Ceauşescu era) with 51.2 percent of the vote. The next presidential election will be held on November 28, 2009, with a runoff on December 12, 2009.



Politics and Political Parties: Major political parties currently represented in parliament include the National Liberal Party (PNL), the Democratic Party (PD), the Democrat Union of Hungarians in Romania (UDMR), the Humanist Party of Romania (PUR), the Social Democratic Party (PSD, formerly known as the Party of Social Democracy in Romania, or PSDR), and Romania Mare (PRM, an extreme right-wing party). Non-parliamentary parties as of the 2004 elections include the National Peasant and Christian-Democrat Party (PNTCD), the Popular Action Party (AP), the New Generation Party (PNG), the Union for Romania’s Reconstruction (URR), and the Democrat Force (FD).



Mass Media: Tremendous change took place in Romanian media markets with the fall of the Ceauşescu regime. Whether these changes were on the whole positive ones remains a subject of some debate among journalists and observers. As of early 2005, the mass media market in Romania remained a study in contrasts between a private press and an independent one. Reporters working for both state- and privately owned media outlets in Romania continue to face significant outside interference in their reporting. In the broadcast sector, many stations are owned outright by the government, and the independence of many private stations is threatened by the massive debt (in the form of unpaid taxes and levies) many owe to the state. Romania has more than 100 newspapers (18 in Bucharest alone), but members of the Social Democratic Party (the dominant party of the post-Ceauşescu era) own many of them, either directly or indirectly. Media outlets, both print and broadcast, are extremely dependent on advertising revenue, leaving many observers to conclude that both business and government expect and receive positive coverage in exchange for purchasing advertising. These financial restraints on the freedom of the press are particularly pronounced in the provinces. In addition to the economic power they exercise, businesses and government officials also use the legal system to muzzle criticism. Romania recently eliminated imprisonment as a punishment for libel, but the civil code still allows the imposition of crippling fines for those convicted of defamation. A 2004 survey by a Romanian media watchdog group revealed that 28 percent of reporters and 60 percent of editors had been sued for libel at least once.



Major national daily newspapers include Libertatea (average circulation over 200,000), Jurnalul National (150,000), Adevarul (110,000), Evenimentul Zilei (100,000), and Romana Libera (70,000). Romania has two public television channels and more than 100 local private television stations (not all of which cover the entire country). According to some surveys, more than a quarter of all households subscribe to cable television in addition to broadcast television. Public radio operates four national channels, and more than 150 private FM radio stations are in operation in Romania. In 2002 Romanians had 4.5 million radios and 7.3 million television sets.



Foreign Relations: Since the demise of the Ceauşescu regime, Romania has actively pursued closer relations with the West and with the United States and the European Union (EU) in particular. Romania is a member of the Organization for Security and Co-operation in Europe (OSCE), joined the North Atlantic Treaty Organization (NATO) in March 2004, and is scheduled to join the EU in 2007. Relations with Russia are on generally cordial terms, although Russia has noted its concern that Romania’s membership in NATO and potential accession to the EU may adversely affect relations between the two nations. In 2003 Russia and Romania signed a Treaty on Friendly Relations and Cooperation. As of early 2005, Romania had 95 embassies and 26 consulates abroad, as well as permanent missions to multinational organizations in Brussels, Budapest, Geneva, Madrid, Montreal, Nairobi, New York, Paris, Rome, Strasbourg, and Vienna.

Major International Memberships: Romania is a member of the Australia Group, Bank for International Settlements, Black Sea Economic Cooperation Zone, Central European Initiative, Council of Europe, Euro-Atlantic Partnership Council, European Bank for Reconstruction and Development, European Union (applicant), Food and Agriculture Organization, G–9, G–77, International Atomic Energy Agency, International Bank for Reconstruction and Development (World Bank), International Chamber of Commerce, International Civil Aviation Organization, International Confederation of Free Trade Unions, International Criminal Court, International Criminal Police Organization (Interpol), International Federation of Red Cross and Red Crescent Societies, International Finance Corporation, International Fund for Agricultural Development, International Labour Organization, International Maritime Organization, International Monetary Fund, International Olympic Committee, International Organization for Migration, International Organization for Standardization, International Red Cross and Red Crescent Movement, International Telecommunication Union, Latin American Integration Association, Multilateral Investment Geographic Agency, Nonaligned Movement (guest), Nuclear Suppliers Group, Organisation for the Prohibition of Chemical Weapons, Organization for Security and Co-operation in Europe, Organization of American States (observer), Partnership for Peace, Permanent Court of Arbitration, United Nations (UN), UN Security Council (temporary), United Nations Conference on Trade and Development, United Nations Educational, Scientific, and Cultural Organization, United Nations Industrial Development Organization, Universal Postal Union, Western European Union (associate affiliate), World Confederation of Labor, World Customs Organization, World Federation of Trade Unions, World Health Organization, World Intellectual Property Organization, World Meteorological Organization, World Tourism Organization, World Trade Organization, and the Zangger Committee.



Major International Treaties: Romania is a party to the Chemical Weapons Convention, the Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, and the Treaty on the Non-Proliferation of Nuclear Weapons. Romania is also a party to the following international environmental agreements: Air Pollution, Air Pollution-Persistent Organic Pollutants, Antarctic Treaty, Biodiversity, Climate Change, Climate Change-Kyoto Protocol, Desertification, Endangered Species, Environmental Modification, Hazardous Wastes, Law of the Sea, Ozone Layer Protection, Ship Pollution, and Wetlands.