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Declaration of Parliament "is not a legal act"

President Traian Băsescu said that the statement of Parliament according to which the Prime Minister Victor Ponta will represent Romania at the European Council of June 28, has no legal value.

Declaration of Parliament "is not a legal act"
President Traian Băsescu. Photo: presidency.ro

Articol de Ioana Dogaru, 14 Iunie 2012, 14:29

President Traian B[sescu said that, through the declaration adopted on Tuesday, politicians try "forcing note of Romanian state representation abroad".

Chief of the state referred to the Parliament declaration according to which the European Council of June 28 the Prime Minister will represent Romania, as the main themes relate to economic issues.

President Traian Băsescu said he will respect "any act of Parliament which appears to be constitutional," adding that "the statement is not enforceable against the president" and that Prime Minister Victor Ponta needs a decision or a statute.
Appeal to the Constitution

Traian Băsescu said that within the Constitution is not provided that the statement is included among the legal acts that Parliament may take; they are only laws and decisions.

"So, if Mr. Ponta wants to take over the prerogatives of the President of Romania, the Romanian state representation in a body in which only those representing the state may participate - and that depends on each constitution - or those who are delegated by the holder representation. So if he wants to take over the prerogatives of the president, he needs a legal act, which may be the decision of Parliament, may be law, motion cannot be "said the President.

European Council and European Council

President Traian Băsescu said that the Prime Minister may participate under the Constitution in the Council and not within the European Council.

"If in the Constitution had written that the Prime Minister represents the Romanian state, he could certainly go to the European Council.

So, however, he should go only to the EU Council, which is more important, if I may, only that at the European Union Council they do not really take family pictures, not to arouse jealousy within the Heads of State and Government".

Traian Băsescu said that a condition of cohabitation operation is the Prime Minister respect to the president.

"If he really wants a good liaison with the President, he should consider not only that man, but the presidential institution should be respected, otherwise the cohabitation will not work ", Traian Băsescu said.

President Traian Băsescu announced that he will hold a technique press conference on Wednesday, which will explain how the EU works.

Statement of representation to the European Councils

With 249 votes for, 30 against and two abstentions, the Parliament decided that within the European Council of June 28, Romania will represent by the Prime Minister, as the main issues relate to economic issues.

Parliament also decided that the president will represent Romania at the European Council in matters related to EU defense and foreign policy, and Prime Minister will attend the European Council meeting on Economic, Social, European funds and Schengen membership.

Earlier, Prime Minister Victor Ponta submitted a statement in Parliament on Europe themes in which he has proposed to legislative Romania representation to the European meetings by the President or Prime Minister in the nature of the topics discussed.

"I consider useful and effective constitutional that in all issues pertaining to military and military security policy and EU common foreign policy, Romania representation to be made ​​by Romanian President under his constitutional powers, and I also consider and propose, my deputies and senators, as in all matters of business, social, European funding, border security, government and prime minister to represent the interests of Romania at the European level, "said Prime Minister Victor Ponta.

According to the Prime Minister, Parliament shall be informed in advance regarding the European Council agenda, following to establish a mandate of principle regarding what representative of Romania would support, and will be informed after each European Council of decisions taken.

Translated by Alexandra-Diana Mircea
MTTLC, Bucharest University

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