The Constitution of Romania: A Contextual Analysis

Description

In December 1989, Romania became the last Eastern European communist country to break with its communist dictatorship, the most powerful in the region at the time. It has struggled ever since to overcome the transition to democracy and to become a ‘full-time’ member of the Western democratic community of states. This book provides a contextual analysis of the Romanian constitutional system, with references to the country’s troubled constitutional history and to the way in which legal transplantation has been used. The Constitution’s grey areas, as well as the gap between the written constitution and the living one, will also be explained through the prism of recent events that cast a negative shadow upon the democratic nature of the Romanian constitutional system. The first chapters present a brief historical overview and an introduction to Romanian constitutional culture, as well as to the principles and general features of the 1991 Constitution. The chapters which follow explain the functioning of the institutions and their interrelations—Parliament, the President, the Government and the courts. The Constitutional Court has a special place in the book, as do local government and the protection of fundamental rights. The last chapter refers to the mechanisms and challenges of constitutional change and development. Cover description Romania: Turbulence and Triumph The colours of Romania’s national flag (blue, yellow and red) underpin the foundation of the composition. An anthology of icons from Romania’s coat of arms symbolises independence and unity. In the outer perimeter are the golden eagle with a cross in its beak, the bull, the sun, a crescent moon and star, a sword and dexter, a rose, a lion, a bridge of Apollodorus of Damascus and twin dolphins. At the heart of the composition can be seen the wooden spire and roof of the Maramures church, which rises from the Palace of Parliament, with 1991 etched on its facade. The juxtaposition of the two buildings represents both Romania’s orthodox tradition and commemorates historical churches demolished for the construction of the Palace, where the Constitutional Court now sits. 1991 records the year the current constitutional system was inaugurated. To the left, the Fleur-de-Lis serves as a reminder of French influence. At the base, the Great Assembly of Alba Iulia held on 1st December 1918 stands for unification and the formation of Great Romania, while the twin cupolas from Bran Castle celebrate Romania’s idiosyncratic architecture. Putachad, Artist Acknowledgements Contents List of
Abbreviations Table of
Cases Table of
Legislation Introduction and Historical Overview I. INTRODUCTORY REMARKS II.
BRIEF OVERVIEW OF ROMANIAN MODERN CONSTITUTIONAL HISTORY III.
CONCLUSION: THE DYNAMICS OF THE ROMANIAN CONSTITUTIONAL CULTURE FURTHER READING 1.
Constitution, Nation and State I. CONSTITUTION AND CONSTITUTIONAL LAW II.
ROMANIAN NATION, SOVEREIGNTY AND CITIZENSHIP III.
THE STATE AND ITS FEATURES FURTHER READING 2.
The Romanian Parliament I.
INTRODUCTION II.
THE STRUGGLE FOR PARLIAMENT: POLITICAL
PARTIES AND ELECTIONS FURTHER READING 3. The Dual Executive and the Avatars of Romanian Semi-presidentialism I. INTRODUCTION II.
THE PRESIDENT III.
THE GOVERNMENT IV.
THE PUBLIC ADMINISTRATION V.
CONCLUSION FURTHER READING 4.
Local Government I. BRIEF HISTORICAL OVERVIEW II.
CONSTITUTIONAL PRINCIPLES OF THE CURRENT
SYSTEM OF LOCAL GOVERNMENT III.
THE RELATIONSHIP BETWEEN CENTRAL AND LOCAL GOVERNMENT: A TRUE AUTONOMY? IV.
CONCLUSION FURTHER READING 5.
The Constitutional Court. Constitutional Aspects of the Judicial System I.
THE CONSTITUTIONAL COURT II.
THE JUDICIAL SYSTEM AND ITS CONSTITUTIONAL ROLE III.
CONCLUSION FURTHER READING 6.
Constitutional Protection of Fundamental Rights I.
NATIONAL AND INTERNATIONAL FOUNDATIONS OF THE SYSTEM OF FUNDAMENTAL RIGHTS II.
CONSTITUTIONAL PRINCIPLES OF RIGHTS III.
CONTENT OF RIGHTS IV.
INSTITUTIONAL GUARANTEES OF RIGHTS V.
CONCLUSION FURTHER READING 7.
The Process of Constitutional Change: Mechanisms, Limits and Future Developments I. CONTEXTUAL MECHANISMS AND DYNAMICSOF CONSTITUTIONAL CHANGE II.
LIMITS III.
FUTURE DEVELOPMENTS FURTHER READING Index