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 authorities, and also between the State and society.

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.

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.

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).

The office of deputy is incompatible with the exercise of any function in authority with the exception of government membership.

• 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.

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.

• Oral and written questions of parliamentarians

The Government and each of its members are required to reply to questions or interpellations tabled by deputies (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 Chamber of Deputies, which are discussed as a matter of priority.

• 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)

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

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.

The Government and other public administration bodies are bound to present any information and documents required by the Chamber of Deputies 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 may open an inquiry in its area of competence with the approval of the Chamber of Deputies 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 chamber. A committee of inquiry may call 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 deputy 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 Chamber of Deputies 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. Questions that have not been replied to shall be published in the official journal at the end of each ordinary session.

Every two weeks, on a Monday from 6.30 p.m. to 7.30 p.m., deputies may put questions to members of Government or the relevant ministers. The subjects for oral questions must be tabled in writing with the Secretary of the Chamber of Deputies by 2 p.m. on the Wednesday preceding the session. The Secretary of the Chamber of Deputies shall inform the minister for parliamentary relations of any question so tabled. In full session, the question shall be set out in no more than a minute. The relevant minister shall reply in no more than three minutes. After the reply, the questioner may respond with clarifications and comments for no more than two minutes. The minister has the same right of reply, following which no further intervention on the question is admitted. A reply to a question may be postponed for a week with sufficient cause.

Any deputy may table written questions for the Government with the Secretary of the Chamber of Deputies. A deputy may specify whether he or she wishes to receive a written or an oral reply. The Secretary of the Chamber of Deputies sends written questions to the persons concerned. Replies to written questions are sent to deputies within 15 days. Questions requiring an oral reply are put on the agenda for the session in the order in which replies are received not exceeding 15 days from the date of their being tabled. Oral replies to written questions are given in the 30 minutes following oral questions. A reply may not exceed five minutes. If a reply to a question gives rise to a response from the questioner three additional minutes are allowed. If the time allowed for replies is insufficient all other replies are scheduled for the next session of the following Monday. No deputy may table more than two questions in the same session.

• 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, namely: 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

• Mode for appointing an ombudsman

The Peoples' Advocate is appointed by the parliament in a joint session of both 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.

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).

• 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.

• 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.

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.

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.

Each chamber enjoys budgetary autonomy and adopts its own budget.

• Government reports to Parliament about public spending periodically:   Yes

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

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

Not applicable

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.

• Foreign Relations Committee (sub-report)

• 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 Chamber of Deputies exercises oversight over foreign policy by organising plenary debates on foreign policy questions.

• 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)

• Other mechanisms for participation in foreign policy by Parliament

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

• National Defence Committee (sub-report)

• Parliamentary oversight of public arms manufacturing companies

Not applicable

• 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 Chamber of Deputies other than the above.

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 taken (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.

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.

• 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.

Not applicable

Not applicable