DENATURAREA REGIMULUI SEMIPREZIDENȚIAL PRIN INTERPRETAREA FRAUDULOASĂ A CONSTITUȚIEI VULNERABILIZEAZĂ CARACTERUL STATULUI ROMÂN CA STAT DE DREPT
Keywords:
Rule of Law, Constituent Assembly, Semi-presidential Political Regime, Parliamentary Regime, President of Romania, Powers of the President of Romania, Constitutional Fraud; Constitutional CourtAbstract
In this article, the author analyzes the 1991 Constituent Assembly's choice of the semi-presidential republic as Romania's form of government after the collapse of the political regime
established by the socialist Constitution of 1965 and examines this type of republic in the political context of the country's transition from an authoritarian, hypercentralized system to a democratic system based on the liberal principles and values of the rule of law. The author points out that during the evolution of the semi-presidential regime, it was deformed and distorted in political practice, in particular by Presidents Traian Băsescu and Klaus Werner Iohannis, and that the regime as such
became, in some phases, a quasi-presidential, even authoritarian regime, in terms of exercising certain prerogatives of the President of the Republic. This distortion of the semi-presidential republic, contrary to the letter and spirit of the Constitution, has been facilitated by several decisions and
rulings of the Constitutional Court, which has given some erroneous interpretations of certain constitutional texts in order to impose, in this way, in a generally binding manner, the arbitrary will of the President in certain areas of his activity.
