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The representation of Romania to be discussed at the CC

The Constitutional Court will discuss the notification of President Traian Băsescu regarding the juridic Constitutional conflict of the representation of Romania at the EU Council.

The representation of Romania to be discussed at the CC
Premierul Victor Ponta (stânga) şi preşedintele Traian Băsescu. Foto: Agerpres.

Articol de Cristina Ghioca, 27 Iunie 2012, 08:00

The problem concerning the representation of Romania at the EU Council has yet to be solved.

A solution is expected Wednesday from the Constitutional Court of Romania, alerted by the President himself, our reporter Alina Stănuţă informes us.

In order to participate in the Bruxelles EU council scheduled for Thursday, vicepresident Victor Ponta argues that the reunion is of an economic, social and internal business character. Furthermore, he points out to the statement made by the Parliament.

On the other hand, Traian Băsescu argues that the provision in the Constitution states that the President represents the Romanian state.

Last week, the President sent the vice president a letter in which he pointed out that participating in the European Council without the President’s approval is juridically comparable to assuming a presidential attribute mentioned in the Constitution.

The vice president claims that the President’s notification sent to CC is between the President and the Parliament, and that the Court’s judges can only observe the existence of a conflict that can’t be solved unless the Constitution is amended.

The Parliament, involved in the dispute regarding the representation of Romania at the EU Council.

The dispute about the representation of Romania at the EU council is not limited between the two institutions, presidency-government, it also involves the Parliament where USL holds the majority.

This way, the senators and deputies have adopted a decision that will let the vice president represent Romania at Bruxelles given that, according to the same decisions, the executive in chief will go to meetings addressing social and economic issues whereas the President will represent Romania at discussion meetings about the security and military aspects.

The debates didn’t end here and a new law, adopted by specialized committees indicate that, depending on the situation, the president or the vicepresident represent Romania, and if the two can’t reach a consensus, the Parliament has the final word.

After the President’s notification addressed to the CC, the president of the Senate, Vasile Blaga, said that things were clear as far as the constitution was involved regarding the representation of Romania at the EU council.

" The Parliament has made a decision that has no juridic effect, its effects are political and this is crystal clear in the constitution, which is our common regulation ” he declared.

The president of the juridic committee, the PSD senator Toni Greblă, believes otherwise, that the CC cannot decide on the constitutionality of the declarations made by the Parliament.

”Conflicts between institutions are resolved through dialoque and compromise, not through the CC’s intention. Once again, the president is wrong.

On this basis, to request the intervention of the CC is at least a political inability that doesn’t stand a chance ” he declared.

The president contests the decision of the Parliament.

With 249 votes for and 30 against, the Parliament decided that the vice president will represent Romania at the EU council scheduled for the 28th of June inasmuch as the debates will revolve around the economy.

The Parliament has also decided that the President will represent Romania at the EU council in terms of national defence and external affairs in the EU.

The President stated that through their statements politicians are trying to force the representation of Romania abroad.

The President stated that he would respect ”any juridical act of the Parliament that proves to be constitutional”, and added that ”the statement is not opposable to the President” and that the vice president needs a disposition or a law.

The vice president stated on several private television channels that he would meet with the president to find common ground but mentioned that he would represent Romania at the reunion of the EU Council.

Translated by
Vlad Nichita
MTTLC, Bucharest University

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