President Traian Băsescu and Prime Minister Victor Ponta got in a constitutional judicial conflict due to representation of Romania to the European Council meeting of June 28, 2012. President Traian Băsescu submitted a complaint to the Constitutional Court in point of the conflict with Government concerning the representation on the European Council. Ponta declared to Mediafax agency that misconception claimed by President Băsescu to the Constitutional Court is between Presidency and Parliament, and Court judges can only determine the existence of a conflict, that can not be solved only by amending the Constitution.[1]
Parliament plenary adopted on June 12, 2012, with 249 votes in favor, 30 against and two abstentions, a political declaration recommending that at European Council meeting on June 28 Romania to be represented by Premier Victor Ponta, not by President Traian Băsescu.[2] That decission triggered a fierce conflict between the two Palaces. A week ago, President Traian Băsescu sent to Premier Victor Ponta a letter which drew attention that participation in the European Council without a mandate from the President legally equalizes with ownership of a constitutional prerogatives of the President. At a press conference, Ponta broke the letter, ironically replying this gesture.[3]
On June 27, Constitutional Court decides that the President is required to attend the European Council in Brussels. Ponta respond in a way that nobody expected. Government takes in authority the Official Monitor, delaying publication of the Constitutional Court decission, regarding participation in European Council and making the presence of Victor Ponta in Brussels to be legal.
On June 18, Traian Băsescu is put for the first time in difficulty. Hidroelectrica announces that it has asked insolvency. It was a move that Ponta hit the "smart guys", that revolves around PDL and Cotroceni Palace. In the same day, erupts the plagiarism scandal involving Victor Ponta. "Nature" magazine claims that Premier copied his dissertation in 2003.[4] Reuters agency writes that the situation made on the subject "fed political instability" in the country.[5]
On June 20, Former PSD leader and premier Adrian Năstase was sentenced to two years of imprisonment in dossier "Quality Trophy". In the evening of the same day, Năstase shot himself in house on Zambaccian, trying to commit suicide. Subsequently, the Social Democrat was transported to Floreasca Hospital.[6] A week later, Adrian Năstase is transferred at a prime time hour to Rahova Prison Hospital. PSD leader is removed on a stretcher in sight, as his humiliation to be maximum. On June 25, Senate decides to alter the functioning of the Constitutional Court law, that will not be able to rule on Parliament decisions, thus facilitating the procedure for suspension of the President. In the following days, Chamber of Deputies approved the referendum law amending, which establishes that the President can be dismissed easily, only half the votes of those who come to the polls. So far, law stipulated that the President is dismissed only if the proposal was passed by majority of voters registered on electoral lists. On June 27, Băsescu replies. Pure uninominal law, initiated by Victor Ponta and Crin Antonescu, is declared unconstitutional. In the same day, PDL attack to the Constitutional Court the referendum law and the Constitutional Court Law amending.
In press occurs rumors about filing a penal complaint at Parquet against Victor Ponta by Traian Băsescu, as the Prime Minister to be, then suspended from office. President denies this version, but accuses Ponta that represents illegitimate Romania in Brussels. National Council for Titles, Diplomas and Certificates establishes that Victor Ponta plagiarized in his PhD thesis. Council claims that 85 pages are copied and called for the title of doctor withdrawal. But, before the verdict, Interim Minister of Education, Liviu Pop, dissolved the National Council for Titles, Diplomas and Certificates, such that the decision is void.
On July 3, the Romanian Parliament, at proposal of majority represented by USL, vote dismissal of President of the Senate, PDL leader Vasile Blaga, President of the Chamber of Deputies, PDL member Roberta Anastase and Ombudsman.[7] Through an Emergency Ordinance, overnment restricts the attributions of the Constitutional Court, so its vote can no longer influence the suspension of the President. More accurate, CCR judges may only give an advisory opinion on the matter.
Traian Băsescu was suspended as President of Romania, by Parliament, with 256 votes "pro" and 114 "contra". Likewise, two votes were canceled. After announcing the results, Parliament proposed that the presidential impeachment referendum to set for July 29, 2012, proposal approved by the plenary with 242 votes "pro".[8][9][10][11] Suspended president notified the Constitutional Court, calling for a constitutional legal conflict between president and Parliament. "I do not defend the seat, but I want to defend the office", President explained. Therewith, he reiterated accusations against USL and its leaders, accusing them of lying and wanted to subordinate the justice. "If I return as president it will still be impossible for thieves and impostors from politics to negotiate with me their calmness. I think that Romanians do not want the peace during Iliescu government. I can not guarantee that I will continue to be a strong nut for those who believe that Romania can go forward with a justice that protects thieves", Băsescu said.
He added that "suspender's great argument is that I haven't popularity", and if he will be reappointed at referendum and he will find Victor Ponta in office he will never entrust the prime minister function.
On the other hand, USL leaders Crin Antonescu and Victor Ponta ensured that there will be no pressure for justice and for other state institutions.
Victor Ponta said that during this period of political crisis his family received threats, having to resort to state institutions for protection.[12]
[edit]Reasons justifying suspension
- The President usurped the role of prime minister and substituted him in the constitutional attributions of the Government.
- The President repeatedly violated fundamental rights and freedoms of citizens provided in the Constitution.
- The President repeatedly violated the principle of separation of powers and judicial independence.
- The President has initiated an unconstitutional project to revise the Constitution and violated the constitutional review procedure provided by the fundamental law.
- The President abetted to breach of the Constitutional Court decisions and made direct pressure on the judges of the Court, making them "visits" before important decisions.
- The President systematically violated the principle of political non-possession of the person who serves as presidential function and abandoned his constitutional role of mediator in the state and society.
- The President seriously violated the Constitution and the fundamental principle of representative democracy, when he said he would not appoint a Prime Minister of the USL, even if this party will get absolute majority in Parliament.
Political turmoil from last week disunite Romanian society. Currently, the Romanian people is divided into two: anti-Băsescu and pro-Băsescu. Despite high temperatures, driven from behind by their parties or on their own, in several areas of the country, people began to leave the streets to defend their favorites or to disapprove their opponents. Thus, relatively peaceful protests have erupted in major cities of Romania. In Arad, protests turned violent, Băsescu's opposers and sympathizers confronted, but groups were quickly dispersed by gendarmes.[13] None of the groups participating in action on Thursday evening has no authorization, can not specifying how protests will last.[14]
Street protests were also organized in Bucharest. About one hundred people protested, on July 4, at University Square, against the political class. Those present displayed messages against exploitation in Roșia Montană and shale gas. At Victory Square, occurred a new demonstration against the current leadership, and came, as one day ago, former Prime Minister Mihai Răzvan Ungureanu. He argued that it is normal that people to leave in the streets, criticizing USL leader Ponta and Antonescu, which he said that "have succeeded to demonstrate how it can be trampled the Constitution". Ungureanu has transmitted to demonstrators that "he awaits them Thursday", in Revolution Square, where the Liberal Democratic Party announced the organization of an anti-USL meeting.
In the following days, protests were amplified, such that more than 2,000 people gathered at the meeting on Thursday evening, in University Square, in a demonstration in support of President Traian Băsescu, attended by prominent members of the PDL. From Thursday's protests were not without any incidents. Attending the pro-Băsescu meeting, Raluca Turcan went faint to the end of the meeting and another five people needed medical care after they felt sick to rally in Revolution Square.[15] Some demonstrators in University Square were fought, Thursday evening, and were separated by gendarmes in device on-site, that raised two people from among recalcitrants. Protesters had altercations after two of them were taken by the gendarmes.[16]
In Timișoara, the two groups of protesters were nearly to confront. PDL sympathizers and supporters of the President gathered Thursday evening in the center of Timișoara to denounce what they call abusive measures taken by Ponta government in last days. Spirits were heated when in the area has appeared a group of supporters of USL, shouting slogans against the President. The dispute between the two groups, initially only verbal, risked to degenerate, so gendarmes immediately intervened to appease spirits.[17]
Reference rate leu/euro announced on July 6 by BNR reached a new record high, of 4.5142 units, and the official rate for the dollar struck a new record and rose to 3.6480 lei/dollar, pending vote in Parliament to suspend President Traian Băsescu. Depreciation against the euro influenced the official parity leu/Swiss Franc, which rose with 3.03 bani, from 3.7279 lei/franc to 3.7582 lei/franc, and reached a new record for the last ten months. A higher official rate was recorded on September 5, 2011, when franc was at 3.8133 lei.[18]
After abuses in last week against legal state committed by Ponta government, Romania risks to remain at the gates of the Schengen Area, but mainly to run out European funds. After Tuesday, July 3, President of European People's Party Wilfried Martens warned that USL has started a plan to undermine the state, and Wednesday German MEPs leader Markus Ferber said he would initiate the suspension of Romania in the European Council for "lack of minimum standards functioning the legal state", stake increased substantially when Alain Lamassoure andElmar Brok asked the European Commission to prepare a report leading to suspension of voting rights of Romania in the European Council.[19]
Referinte:
- ^ "CCR decides today who will go to the European Council", Bună Ziua Iași
- ^ "Parliament sends Victor Ponta to the European Council", Agenda
- ^ "Prime Minister Victor Ponta officially announces its departure to Brussels. Presidency without reaction", TVRinfo.ro
- ^ "Traian Băsescu and Victor Ponta are among the most hard fight for power in recent years", Ziua News
- ^ "Reuters: Allegations of plagiarism against Ponta fed instability in Romania", România TV
- ^ "Adrian Năstase shot himself in the neck. Ponta was at hospital", Adevărul.ro
- ^ "USL requires dismissal of Roberta Anastase and Vasile Blaga", Capital
- ^ "Traian Băsescu was suspended", Gândul.info
- ^ "Romanian president suspended", CNN
- ^ "Romania parliament votes to suspend President Băsescu", Euronews
- ^ "Romania parliament votes to suspend president", International Business Times
- ^ "Romanian President suspended By Parliament, referendum on July 29", Mediafax.ro
- ^ "Politicians have put enmity between Romanians", Cronica Română
- ^ "Conflict between participants in rallies against and pro-Basescu, in Arad", Gândul.info
- ^ "Pro- and anti-Băsescu protests in Bucharest: Political struggle moved into the street",România TV
- ^ "Pro- and anti-Băsescu protests in Bucharest. Some protesters were fought", Știrile PRO TV
- ^ "Protests took place in the country. Gendarmes intervened to calm the spirits in Timișoara", Știrile PRO TV
- ^ "Reference rates announced by BNR for euro and dollar rose to new historic high",Mediafax.ro
- ^ "Blocking the European funds, EU weapon against Ponta", România Liberă
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