Ensuring the continuity of government in Romania: a constitutional analysis of current mechanisms and de lege ferenda solutions for exceptional situations
Ensuring the continuity of government in Romania: a constitutional analysis of current mechanisms and de lege ferenda solutions for exceptional situations

Summary/Abstract: This article analyzes the fundamental issue of the continuity of government (COG) in Romania, highlighting a critical normative vacuum in the face of exceptional scenarios, such as an attack or disaster, that could simultaneously incapacitate the prime minister and a significant part of the Cabinet. The current constitutional architecture, though robust under normal conditions, proves vulnerable, as its interim mechanisms are designed for political, not existential, crises. Furthermore, the very declaration of a state of emergency or siege depends on a functional government capable of countersigning presidential decrees and issuing military ordinances, which constitutes a major strategic vulnerability. The article examines the constitutional challenges inherent in any solution, particularly the interpretation of Art. 104 regarding the solemnity of the oath of office and the compatibility of an automatic succession mechanism with the constitutional prerogatives of the President and the Prime Minister. It argues for a teleological and evolutionary interpretation of the norms, allowing the use of secure communication technologies for official acts, including the formation of a new government online in crisis situations. Through a comparative analysis of systems in the US, France, and the UK, adaptable principles for the Romanian context are identified. The conclusion is that the adoption of an organic law dedicated to the continuity of government is imperative. Such a law should establish a predefined, automatic, and temporary line of succession for the prime minister and ministers, with powers strictly limited to crisis management and the restoration of constitutional order, within the 45-day interim period.

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