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Referendum on July 29 after suspending president Băsescu

The Parliament proposes that the referendum on president Traian Băsescu revocation to be held on July 29, 2012. President Băsescu was suspended by Parliament with 256 votes for and 114 against.

Referendum on July 29 after suspending president Băsescu
President Traian Băsescu was suspended from his function by Parliament. Photo: Reuters.

Articol de Paul Poteraşi, 08 Iulie 2012, 10:23

President Traian Băsescu was suspended from his function by Parliament, with 256 votes "for", while were needed 217 votes.

Against the suspension of President Băsescu there were 114 votes.

Parliament proposes, through a decision that was approved by the plenary, that the referendum for Băsescu's dismissal to be held on July 29, 2012.

For president to be suspended, the application submitted by USL had to be voted by 217 parliamentarians.

Immediately after finding the vote in parliament, President Traian Băsescu said he asked the Constitutional Court.

"I asked the Constitutional Court to exhaust all remedies against an abuse as in 2007," said Traian Băsescu.

"But to be very clear: I want to defend thus the president position, I do not care about the seat of president.

"We will go to referendum and I will have a chance to explain to people the decisions taken during my tenure," said Traian Băsescu.

Antonescu, interim president

At the referendum, the President may be removed by 50 percent plus one of votes of those who go to consultation, after the government adopted on Thursday evening an order in this respect.

According to the referendum law, the participants in the referendum shall be taken by "yes" or "no" to the following question: "Do you agree with the Romanian president's dismissal? '.

Until the referendum, the interim president is picked by the President of the Senate.

Two days ago, the governing coalition changed the leadership of parliament, instead of party leaders who support President Băsescu being elected as Senate president Antonescu (PNL) and as president of the Chamber of Deputies Valeriu Zgonea (PSD).

Thus, the interim president would be named the Liberal leader Antonescu.

This would be the second time when the opposition would initiate proceedings to suspend President Traian Băsescu.

The previous suspension occurred during the first term of president in 2007.

The parliament approved the suspension of the President, but the decision to dismiss the referendum was invalidated by the population.

"I did not manage to coexist with PSD and PNL"

At 17.00 in the Parliament was held a debate on the request to suspend President Traian Băsescu.

In the Parliament, minorities and UNPR did not want to speak.

UDMR President, Kelemen Hunor, said before the vote that each parliamentarian of UDMR will vote "as conscience dictates."

President Traian Băsescu assured lawmakers on Friday that he had "full responsibility" as head of state in a time of economic crisis.

"I assure you that I had full responsibility as head of state in a time when economic crisis hit Romania terribly.

"Issues related to country finances were treated in 2009-2010 and 2011 even at risk level to national security," said Traian Băsescu.

Traian Băsescu mentioned that he could not coexist with any of PSD, or PNL in 2007, when he was also suspended.

"I fail to coexist with PSD and PNL. In 2007, when the Liberal government was in partnership with PSD from parliament you have resorted to suspending the President.

"Now you are back in government together and the first thing that you felt that you should occupy is suspended the president" stressed the president.

The president also said he has clear conscience that he has done his duty to his country and to his people.

"I have clear conscience that I have done my duty to my country, for my people. Have a nice day," said Traian Băsescu at the end of his speech in parliament.

President Traian Băsescu addressed to Antonescu at the end of his intervention in parliament, saying that he gives him a sheet of paper that says what Antonescu has been promised, the Liberal leader saying previously that if Băsescu is not dismissed at the referendum, he will retire from politics.

Traian Băsescu went out the plenary when the Senate President spoke, Crin Antonescu, and the former Liberal prime minister, Călin Popescu Tariceanu.

“I withdraw from politics if the president is not dismissed”

PNL president, Crin Antonescu, argued Friday that the decision to be taken by parliament for suspension of President Traian Băsescu is not "a judgment, but a democratic exercise", pointing out that it is one of the best days of political life and not a coup.

"Parliament is not, of course, a juridical institution, it is not a court and the decision that we will take today is not a sentence.

"It is not less true that, despite the pressure, it is one of the best days of the Romanian political life and in any case of parliamentary life, because today we are gathered here, no matter what political verdict we leave, we give no coup, do not attack any institution, do not put any letter of the Constitution brackets, but we are at the heart of the democratic exercise, constitutional and parliamentary, "said the Liberal leader.

Antonescu stressed that USL approach to suspend President Băsescu is "an act perfectly constitutional and democratic".

"In reality, you dismissed yourself in the past, for years, from the president of Romania function, and the great error that you committed, and the great political and institutional sin that you committed not to us, your political opponents, but to the citizens of this country which gave you the vote twice for president is that you left the country without a president, " said Antonescu.

PNL president, Crin Antonescu, said on Friday in the Parliament that if President Traian Băsescu is not dismissed on the referendum, he will retire from the political life.

"Be or not suspended today, be or not dismissed by the Romanian people verdict, we fall apart. If you will not be dismissed on the referendum, I, Crin Antonescu, will permanently retire from political life.

"If you are dismissed at the referendum, I do not know what you will do, but I wish you and also to myself one thing, to both grasp a fully independent judiciary," said Antonescu.

Court was reluctant to give a positive or negative answer

The Constitutional Court sent Friday the opinion on USL request for suspending the President Traian Băsescu.

CCR magistrates gave no positive or negative opinion on the proposal to suspend President Traian Băsescu, but judges have referred to each of the seven points raised in the request for suspension of USL.

In 2007, when he was asked to pronounce on the request of suspension, the Constitutional Court gave a negative opinion.

Romanian Constitutional Court stated in its advisory opinion given Friday on the first chapter of the request to suspend President Traian Băsescu, where it is claimed the usurping by the president of the role of Prime Minister and substituting the constitutional powers of government, "that the President of Romania, through his political behavior, publicly assumed the initiative of taking socio-economic measures before they are adopted by the government, through taking his responsibility" and that "he can be considered as an attempt to diminish the role and powers of the Prime Minister".

"Therefore, this attitude attributed to Mr Traian Băsescu does not fall neatly into the concept of “views and policy options", as it was established by the Constitutional Court in Advisory Opinion No. 1 of April 5, 2007, according to which the Romanian president can, in virtue of the powers and his legitimacy, to express, to comments and criticize on the functioning of public authorities and their representatives, "it is shown in the advisory opinion of the RAC No. 1. of July 6, 2012.

On the role of President of Romania, provided by Article 80 of the Constitution, the Court finds that President Traian Băsescu has not exercised with maximum efficiency and power the function of mediator between the state powers, as well as between state and society.

The Constitutional Court referred to each point raised in the request for suspension of the President.

Translated by Alexandra-Diana Mircea
MTTLC, Bucharest University

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