CONSTITUTIONAL FOUNDATIONS OF THE PROCEDURE FOR THE ESTABLISHMENT OF THE ROMANIAN GOVERNMENT – BETWEEN THEORY AND PRACTICE. STUDY ON ARTICLE 103 OF THE CONSTITUTION OF ROMANIA
CONSTITUTIONAL FOUNDATIONS OF THE PROCEDURE FOR THE ESTABLISHMENT OF THE ROMANIAN GOVERNMENT – BETWEEN THEORY AND PRACTICE. STUDY ON ARTICLE 103 OF THE CONSTITUTION OF ROMANIA

Summary/Abstract: Any aspect of the government of a state is based on a provision of the Constitution, which is invoked regardless of whether this aspect is the subject of analysis, proceedings, debate or even controversy. Both in the situation of the regular organization of parliamentary elections, and when a Government appointed to office loses its mandate or his term of office ends, the constitutional procedure for the establishment and appointment of a new Government is initiated, having as constitutional basis Article 103 of the Constitution of Romania republished. This is also the case for the current (May-June 2026) political situation in Romania – namely a crisis caused by the dismissal of the Government led by Mr. Ilie Bolojan by the motion of censure adopted by the Romanian Parliament on May 5, 2026. And the current political situation in Romania has provided the opportunity to analyze the provisions of Article 103 and the way its provisions are implemented in the constitutional system in Romania. Within the present study, an analysis of the provisions of Article 103 of the Romanian Constitution is made, both from a theoretical perspective, as well as practice in relation to the way this constitutional text is implemented in a concrete situation of political crisis, the aspects related to the role of the President of Romania and the Parliament in the procedure of establishing a new Government are analyzed: the powers of each institution, the relations between the President of Romania and the Parliament; the nature and consequences of the consultations; the role of political parties.

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