Area Handbook for Romania Part 14

The Const.i.tution of 1965

After the adoption of the first communist const.i.tution in 1948 the country had officially borne the t.i.tle of a people's republic. With the promulgation of the new Const.i.tution in 1965 the name of the country was changed to the Socialist Republic of Romania (Republica Socialista Romania). In adopting this t.i.tle, the Romanian leadership was a.s.serting that the country had completed the transition from capitalism and had become a full-fledged socialist state.

Observers of Eastern European politics considered the emphasis placed on national sovereignty and independence in the new Const.i.tution to be significant. Whereas the 1952 Const.i.tution repeatedly stressed the country's close ties to the Soviet Union and the role of the Soviet army in the liberation of Romania during World War II, the 1965 Const.i.tution omits all reference to the Soviet Union. Instead, it refers only to the policy of maintaining friendly and fraternal relations with all socialist states and, in addition, expresses the intention of promoting friendly relations with nonsocialist states.

There is also increased provision for civil liberties in the 1965 Const.i.tution, including the right of pet.i.tion, the right of individual recourse to the courts in the event of illegal acts of state agencies, and rights equivalent to habeas corpus. The extent of individual freedom is qualified, however, by the declaration that the "freedom of speech, of the press, reunion, meeting and demonstration cannot be used for aims hostile to the socialist system and to the interests of the working people." While proclaiming freedom of a.s.sociation and organization, the 1965 Const.i.tution, as did that of 1952, prohibits a.s.sociations of a "fascist or anti-democratic character."

Perhaps owing to the declared advancement to the stage of socialism, the 1965 Const.i.tution contains no reference to the "private capitalist sector" of the economy, as had the 1952 doc.u.ment. Whereas the 1952 Const.i.tution had recognized the private sector as one of three elements of the economic system, along with the socialist sector and the sector described as "small-scale commodity production," that of 1965 declares the basis of the economy to rest solely on the socialist ownership of the means of production. Cooperative farmers, however, are permitted the personal ownership of some livestock and tools, certain craftsmen are guaranteed ownership of their workshops, and peasants who are not in cooperatives are able to own small parcels of land and some farm implements.

Changes that had been made in the organizational structure of the government after 1952 were incorporated into the 1965 Const.i.tution. The Council of State is described as the "supreme body of state power with a permanent activity," although it remains theoretically subordinate to the Grand National a.s.sembly, which is designated as "the supreme body of state power." In contrast to the 1952 Const.i.tution, which provided for representation to the Grand National a.s.sembly on the basis of one deputy for every 40,000 persons, the 1965 doc.u.ment fixes the number of a.s.sembly deputies at 465 and requires the establishment of that number of const.i.tuencies of equal population.

Although the Hungarian Autonomous Region continued to exist, the 1952 provision guaranteeing "administrative and territorial autonomy" to the Hungarian population was omitted from the 1965 Const.i.tution. All of the sixteen regional units were subsequently eliminated by a territorial reorganization of 1968, at which time a system of _judete_ (counties) was established.

All power is ascribed to the people and exercised by their representatives in the people's councils and the Grand National a.s.sembly. The Communist Party is described as the country's leading political force under whose leadership the working people have the expressed goal of building the socialist system to create "the conditions for transition to communism."

THE STRUCTURE AND FUNCTIONING OF THE GOVERNMENT

The Central Government

According to the 1965 Const.i.tution the major inst.i.tutions of the central government are the Grand National a.s.sembly, the Council of State, and the Council of Ministers (see fig. 1). Although the Const.i.tution declares the Grand National a.s.sembly and the Council of State to be the supreme organs of state power, in practice the authority of both of these organs ranks after that of the PCR. The Const.i.tution itself states unequivocally that "the leading political force of the whole society is the Romanian Communist Party." The basic national policy decisions are made in the ruling bodies of the party and subsequently communicated to the government for adoption and implementation.

[Ill.u.s.tration: _Figure 7. Structure of the Government of Romania, 1971._]

The Grand National a.s.sembly

The Grand National a.s.sembly, which supervises and controls the functions of all other state organs, consists of 465 deputies elected from an equal number of electoral districts for a four-year term of office. In the event of exceptional circ.u.mstances that prevent the holding of elections, however, the a.s.sembly is empowered to prolong its term of office for the duration of these circ.u.mstances. Regular a.s.sembly sessions are held twice yearly, and special sessions may be convened on the initiative of the Council of State or on demand of one-third of the total number of deputies.

Const.i.tutionally, the Grand National a.s.sembly is empowered to elect, supervise, and recall the members of the Council of State, the Council of Ministers, and the Supreme Court. It is also empowered to name the prosecutor general and control the activity of his office. It is given ultimate authority in the regulation of the electoral system, the national economic plan, the state budget, and the organization and functioning of the people's councils.

The a.s.sembly is empowered to establish the general line of the country's foreign policy and has ultimate responsibility for the maintenance of public order and national defense. As a part of this responsibility the a.s.sembly appoints and recalls the supreme commander of the armed forces.

Declarations of war, however, are const.i.tutionally limited to the protection of Romanian national sovereignty in the event of aggression or in the event of aggression against another state with which Romania has mutual defense obligations.

Other powers attributed to the a.s.sembly include adopting and amending the Const.i.tution and the general control over its application. a.s.sembly authority extends as well to the interpretation of the Const.i.tution and decisions on the const.i.tutionality of laws, making it in effect its own const.i.tutional court. In exercising that power the a.s.sembly elects the Const.i.tutional Commission, which functions for the duration of the legislative term. The Const.i.tution specifies that up to one-third of the commission members may be persons who are not deputies, but members of the Supreme Court, college and university teachers, and scientific researchers are specifically excluded from commission membership. Duties of the commission focus primarily on providing the a.s.sembly with reports and opinions on const.i.tutional questions.

The Grand National a.s.sembly functions under an elected chairman who presides over a.s.sembly sessions and is responsible for directing its activities. The chairman and four elected vice chairmen form the Bureau of the Grand National a.s.sembly and are a.s.sisted in their duties by a panel of six executive secretaries. In addition to the Const.i.tutional Commission, other standing commissions of the a.s.sembly include the Agriculture and Forestry Commission; Credentials Commission; Defense Commission; Economic and Financial Commission; Education, Science, and Culture Commission; Foreign Policy Commission; Health, Labor, and Social Welfare Commission; Industry, Construction, and Transportation Commission; Legal Commission; and the People's Councils and State Administration Commission. Any deputy may be elected to the standing commissions of the a.s.sembly or to temporary commissions created to perform specific functions. Reports, bills, or other legislative matters are submitted to the standing commissions by the a.s.sembly chairman for study and for recommendations on further action.

The a.s.sembly may function if one-half of the deputies plus one additional deputy are present. Laws and decisions are adopted by simple majority vote with the exception of an amendment to the Const.i.tution, which requires a two-thirds majority of the total number of a.s.sembly deputies. Laws and decisions are signed by the presiding officer present at the time the decision is voted. Within ten days after adoption, laws are required to be signed by the president of the Council of State and published in the _Official Bulletin of the Socialist Republic of Romania_.

The Council of State

Described as the supreme body of state power with a permanent activity, the Council of State exercises certain permanent powers as well as special powers that fall to it when the Grand National a.s.sembly is not in session. Formed of nineteen members, the Council of State is elected by the a.s.sembly, from its own membership, at the first a.s.sembly session as it begins a new term of office. The council's authority continues until the election of a new Council of State by the succeeding legislature. Although the president of the council is the head of state, the Const.i.tution a.s.serts that the functioning of the council is to be based on the principle of collective leadership. Almost all the members of the Council of State also hold leading party posts.

Among the most important permanent powers of the Council of State are the establishment of election dates; the appointment and recall of the heads of central government agencies, except for the Council of Ministers; and the ratification or denunciation of international treaties. The president of the council represents the republic in international relations. Other permanent powers include the granting of senior military ranks; the conferral of honors; the granting of citizenship, pardon, and refuge; and the appointment and recall of diplomatic representatives.

Grand National a.s.sembly powers that devolve to the Council of State between a.s.sembly sessions, or in the event of exceptional circ.u.mstances that prevent the a.s.sembly from acting, include the authority to appoint and recall members of the Council of Ministers, members of the Supreme Court, and the prosecutor general. Also included in this category are powers to establish norms having the power of law, control over the application of laws and decisions pa.s.sed by the a.s.sembly, and supervision of the Council of Ministers and other central administrative bodies as well as the activities of the people's councils.

Although the legal decisions pa.s.sed by the council must be submitted for approval to the next session of the Grand National a.s.sembly, they take effect as law immediately on pa.s.sage by the council or on a date specified in the ruling itself. In the event of a national emergency the Council of State can also exercise the a.s.sembly's power to declare a state of war, subject to the same qualifications imposed upon the a.s.sembly--that is, in the event that Romania or one of its allies is the victim of external armed aggression.

In December 1967 PCR General Secretary Ceausescu was elected president of the Council of State by the Grand National a.s.sembly and, by virtue of this position, became the head of state. The reason given for the concentration of the princ.i.p.al party and government positions in Ceausescu's hands was the desire to provide unitary leadership both as a means of efficiency and of ensuring full party control at the highest level of the government. The decision to unite the two posts, as well as to combine a number of party and government positions on lower administrative levels, had been taken at a national party conference a few days earlier and followed action taken by the PCR Central Committee in October. Outside observers saw the move as one of a series of steps designed to ensure the continued subordination of the state apparatus to the party.

In March 1970 the Grand National a.s.sembly voted to establish the Defense Council, to be headed by Ceausescu and responsible to the Council of State. The formation of the Defense Council, which was given decisionmaking powers for high-level military affairs, served to strengthen Council of State control over the armed forces and further enhance Ceausescu's personal authority. The same legislation that established the Defense Council also decreed that foreign troops could not enter Romania under any circ.u.mstances without the prior approval of the a.s.sembly. Coming in the aftermath of the Soviet-led invasion of Czechoslovakia, observers of Eastern European affairs interpreted this ruling as a means of preventing any dissident group from inviting foreign intervention on the pretext of preserving orthodox communist rule.

The membership of the Defense Council reflected the importance given it.

Besides the head of state, other members of the council include the prime minister, the minister of the armed forces, the chairman of the Council of State Security, the minister of internal affairs, the minister of foreign affairs, the chairman of the State Planning Committee, and eight other members who also held leading government and party positions. The secretary of the council in 1971 was the chief of the general staff and a member of the PCR Central Committee.

Also connected to the Council of State and subordinate to it is the Economic Council. This body functions to advise on economic matters, coordinate planning, and make recommendations to the Council of State for the development of the national economy and the improvement of state enterprises. In late 1971 the chairman of the Economic Council was also a member of the PCR Secretariat.

The Council of Ministers

Defined in the Const.i.tution as the supreme body of state administration, the Council of Ministers exercises control over the activities of all state agencies on both the national and local levels. The council is composed of a chairman (who is the prime minister), a first deputy chairman, an unspecified number of deputy chairmen, the ministers, and the heads of certain other important government agencies (see fig. 8).

Unlike the 1952 Const.i.tution, in which twenty-six specific ministries were listed, that of 1965 fixes neither the number of ministries nor their particular areas of competence, this being left to other laws.

In 1971 the Council of Ministers was composed of forty-four members, including the prime minister, first deputy, seven deputies, twenty-three ministers, and ten committee chiefs with ministerial rank. All but two of the members of the council were also members, or alternate members, of the PCR Central Committee, and the prime minister and his first deputy were members of the Standing Presidium of the party. These two, along with two other deputies, were also full members of the PCR Executive Committee.

[Ill.u.s.tration: _Figure 8. Romania, Organization of the Council of Ministers, 1971._]

The Const.i.tution charges the Council of Ministers with responsibility for the general implementation of the nation's domestic and foreign policies, the application of laws, and the maintenance of public order.

As the supreme administrative body of the government, the council coordinates and controls the activity of the ministries and other state organs at all levels. In economic matters the council administers the drafting of the overall state plan and the national budget and provides for their implementation. In addition, it directs the establishment of the economic enterprises and other industrial and commercial organizations (see ch. 14). The council's responsibilities also include the general administration of relations with other states, the conclusion of international agreements, and the general organization of the armed forces.

Formally elected by the Grand National a.s.sembly at the beginning of each new a.s.sembly session, the council's term of office continues until the election of a new council by the succeeding a.s.sembly. Both collectively and individually, the council members are responsible to the Grand National a.s.sembly; and in the interval between a.s.sembly sessions, to the Council of State. The Const.i.tution a.s.serts that the Council of Ministers is to operate on the principle of collective leadership to ensure the unity of its political and administrative actions.

In late 1969 the Grand National a.s.sembly enacted legislation aimed at strengthening the concept of collective leadership in the ministries and extending the principle to other national administrative agencies. In the case of the Council of Ministers, the measure provided for the establishment of a collegium in each ministry consisting of the minister, department heads, certain specialists, and representatives of labor unions or other organizations. Purposes of the collegium included collective decisionmaking, review of ministry activities, and recommendations on ministry programs and policies. The meetings of the collegium, at which decisions are made by majority vote, are also attended by representatives of the PCR appointed by the party Central Committee. In the event of serious disagreements within the collegium, the law provides for the matter to be referred to the Council of Ministers. No such disagreements have been reported, however.

Since the promulgation of the 1965 Const.i.tution, the Council of Ministers has been reorganized several times. In late 1971 the importance of a number of the ministries and state commissions was emphasized by the prominence of the party position held by their ministers or chairmen: almost all of the members of the Council of Ministers were either full or alternate members of the PCR Central Committee; the chairmen of the General Union of Trade Unions, the National Union of Agricultural Production Cooperatives, and the State Planning Committee were full members of the party Executive Committee; the chairmen of the Council of State Security and the State Committee for Local Economy and Administration were alternate members of the Executive Committee, as was the head of the Ministry of the Armed Forces. The chairmen of the State Planning Committee and the Council of State Security and the ministers of internal affairs and the armed forces also were members of the Defense Council.

The Judicial System

The general organization and functioning of the judiciary is established by the Const.i.tution and by the 1968 Law on the Organization of the Court System. Overall responsibility for the functioning of the courts is vested in the Ministry of Justice, whereas the prosecutor general (attorney general) is charged with the general application of the law and the executing of criminal proceedings.

To fulfill its responsibility for the functioning of the courts and the supervision of state marshals, state notaries, and the national bar organization, the Ministry of Justice is divided into six directorates: civil courts, military courts, studies and legislation, personnel, administration, and planning and accounting. In addition, the ministry includes a corps of inspectors, an office of legal affairs, the State Notary Office, and a lawyer and legal expert service.

The court system includes the Supreme Court, _judet_ courts, lower courts, military courts, and local judicial commissions. The Const.i.tution places the judiciary under the authority of the Grand National a.s.sembly; and between a.s.sembly sessions, under the authority of the Council of State. The Supreme Court, seated in Bucharest, exercises general control over the judiciary activities of all lower courts.

Members of the Supreme Court are professional judges appointed by the Grand National a.s.sembly to four-year terms of office. The Supreme Court functions as an appeals court for sentences p.r.o.nounced in lower tribunals and, in certain matters specified by law, may act as a court of first instance. It may also issue guidance, in the form of directives, on legal and const.i.tutional questions for the judicial actions of lower courts and the administrative functions of government agencies. To fulfill its responsibilities, the Supreme Court is divided into three sections: civil, criminal, and military. Each of these sections is presided over by a panel of three judges, and plenary sessions of the entire court are held at least once every three months in the presence of the minister of justice for the purpose of issuing guidance directives.

With the territorial-administrative reorganization of February 1968, the jurisdictions of the former regional and district courts were restructured to correspond to the new administrative units. Accordingly, there are thirty-nine _judet_ courts and the munic.i.p.al court of Bucharest, which has _judet_ court status. Each court on this level is presided over by a panel of two judges and three lay jurors, known as people's a.s.sessors, and decisions are made by majority vote. People's a.s.sessors were first introduced in December 1947 and given additional legal status in 1952 by the Grand National a.s.sembly's Law on the Organization of Justice. The law required these lay a.s.sessors to be Romanian citizens and at least twenty-three years of age. Most of the people's a.s.sessors are appointed by the PCR or by one of the district bodies of the ma.s.s organizations (see ch. 9).

Below the _judet_ courts, and subordinate to them, are the lower courts.

In the city of Bucharest these consist of eight sectional courts, which function under the supervision of the munic.i.p.al court. For the remainder of the country the number of these lower courts and the extent of their territorial jurisdiction are established by the Ministry of Justice.

Courts on this level are presided over by a panel composed of one judge and two people's a.s.sessors; decisions are based on a majority vote.

Military courts are established on a territorial basis, subdivisions being determined by the Council of Ministers. The lower military tribunals have original jurisdiction over contraventions of the law committed by members of the armed forces; the territorial military tribunals exercise appellate jurisdiction for decisions of the lower units. In certain situations specified by law, cases involving civilians may be a.s.signed to military courts. At each level, the military courts, when acting in the first instance, consist of two judges and three people's a.s.sessors. In appeals cases on the territorial level, the courts consist of three judges only. As in the civil courts, decisions are reached by majority vote.