Professional Documents
Culture Documents
Romania EJPR 2012
Romania EJPR 2012
1 Romania
2
ROMANIA 269
1 Table 1. Cabinet composition of Boc IV1
2
3 A. The party composition of Boc IV:
4 Date of investiture: 3 September 2010
5
6 Number and Number and
7 percentage of percentage of
8 Party parliamentary seats cabinet posts
9
10 Partidul Democrat-Liberal – Democrat-Liberal 121 (36.9) 11 (61.1)
11 Party (PD-L)
12 Uniunea Democrată a Maghiarilor din România – 20 (6.1) 4 (22.2)
13 Democratic Alliance of Magyars in Romania
14 (UDMR)
15 Uniunea Nat,ională pentru Progresul României – 18 (5.5) 1 (5.5)
16 National Alliance for the Progress of Romania
17 Independents 2 (11.1)
18
19 B. Cabinet members of Boc IV:
20 Prime Minister/Prim-ministru: Emil Boc (1966 male, PD-L)
21 Vice-Prime Minister/Viceprim-ministru: Béla Markó (1951 male, UDMR)
22 Minister of Administration and Interior/Ministrul Administrat,iei s,i Internelor: Constantin
23 Traian Igas, (1968 male, PD-L)
24 Minister of Public Finance/Ministrul Finant,elor Publice: Gheorghe Ialomit,ianu (1959
25 male, PD-L)
26 Minister of Economy, Trade and Business Environment/Ministrul Economiei, Comert,ului
27 s,i Mediului de Afaceri: Ion Ariton (1956 male, PD-L)
28 Minister of Foreign Affairs/Ministrul Afacerilor Externe: Teodor Baconschi (1963 male,
29 PD-L)
30 Minister of Transport and Infrastructure/Ministrul Transporturilor s,i Infrastructurii: Anca
31 Daniela Boagiu (1968 female, PD-L)
32 Minister of Environment and Forests/Ministrul Mediului s,i Pădurilor: László Borbély
33 (1954 male, UDMR)
34 Minister of Regional Development and Tourism/Ministrul Dezvoltării Regionale s,i
35 Turismului: Elena Gabriela Udrea (1973 female, PD-L)
36 Minister of National Defence/Ministrul Apărării Nat,ionale: Gabriel Oprea (1961
37 male, UNPR)
38 Minister of Culture and National Patrimony/Ministrul Culturii s,i Patrimoniului Nat,ional:
39 Hunor Kelemen (1967 male, UDMR)
40 Minister of Justice/Ministrul Justit,iei: Cătălin Marian Predoiu (1968 male, Ind)
41 Minister of Communications and Informational Society/Ministrul Comunicat,iilor s,i
42 Societăt,ii Informat,ionale: Valerian Vreme (1963 male, PD-L)
43 Minister of Labour, Family and Social Protection/Ministrul Muncii, Familiei s,i Protect,iei
44 Sociale: Sulfina Barbu (1967 female, PD-L)
45 Minister of Education, Research, Youth and Sport/Ministrul Educat,iei, Cercetării,
46 Tineretului s,i Sportului: Daniel Petru Funeriu (1971 male, PD-L)
47 Minister of Health/Ministrul Sănătăt,ii: Ladislau Ritli (1948 male, UDMR)
48 Minister of Agriculture and Rural Development/Ministrul Agriculturii s,i Dezvoltarii
49 Rurale: Valeriu Tabără (1949 male, PD-L)
50 Minister of European Affairs/Ministrul Afacerilor Europene: Leonard Orban (1961
51 male, Ind)
1
52 Note: Data relevant to 31 December of 2011.
20
ROMANIA 271
1 Democrat Liberal legislators were sympathetic to the motion, but voting for it
2 would have brought the cabinet down. As such, they registered their presence,
3 but refused to vote. Only 209 of the minimum required 233 legislators sup-
4 ported the motion, which did not pass. The simple motions took issue with
5 problems in the health care system and public transportation, the govern-
6 ment’s failure to stop drug use by the youth, the proposal to allow Romanian
7 citizens living abroad to vote electronically and the government’s agricultural
8 policy.
9 In addition, under Boc, the government assumed responsibility before
10 parliament more often than under any other Romanian post-communist
11 prime minister. Whereas in previous legislatures cabinets assumed responsi-
12 bility on not more than four occasions, the Boc cabinets did so fifteen times
13 by December 2011. In 2011 alone, the government assumed responsibility
14 five times: once in March to amend the Labour Code, twice in April to
15 change the wages of teachers and professors working in public education
16 institutions, and twice in December to reform the organisation of the judi-
17 ciary and allow for local and parliamentary elections to be run concurrently
18 in 2012. Legislative proposals for which the government assumes responsi-
19 bility are not voted on by parliament, and are considered adopted by the
20 legislature unless MPs introduce censure motions within three days. As they
21 involve no discussion in the house, the gesture of assuming responsibility is
22 seen as undemocratic by local observers.
23 Equally contested was the cabinet’s growing reliance on emergency ordi-
24 nances. While in 2008 the Călin Popescu Tariceanu cabinet issued 99 emer-
25 gency ordinances, in 2011 the Boc government issues 126. Article 115 of the
26 constitution allows governments to ‘adopt emergency ordinances in excep-
27 tional cases’, but in practice the urgent nature of the problem at hand is almost
28 never demonstrated. An emergency ordinance comes into force after being
29 debated by legislators, and published in the Official Gazette. However, if par-
30 liament does not provide an opinion on the ordinance within thirty days of its
31 submission, then the ordinance is deemed adopted. This was often the case
32 when governments have solid parliamentary majorities, and therefore the
33 practice is deemed undemocratic.
34 Legislators continued to cross the floor, although the practice has been
35 vigorously criticised by civil society groups. By December 2011, 45 deputies out
36 of 327 crossed the floor 68 times to join other political formations or become
37 independent legislators. Three of them changed their caucus three different
38 times during the year. The ruling Democrat Liberals lost three deputies in 2010
39 and four in 2011. The heaviest losses were sustained by the main opposition
40 party, the Social Democrats, who lost seven deputies in 2009, 14 in 2010 and
41 five in 2011. Their allies, the Liberals, lost ten deputies in 2009 and four in 2010.
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1 The Democrat Liberals welcomed 12 new members, and the Social Democrats
2 and the Liberals six each, but most of the gains benefited the caucus of
3 independent deputies, known as the Group of Progressive Deputies, which was
4 joined by 39 deputies.When bills were voted on, this caucus has generally sided
5 with the ruling Democrat Liberals.
6 The migration of elected representatives has been a matter of public
7 concern since the 1990s because the proportional representation with party
8 lists system used in parliamentary elections means that politicians are elected
9 because of the party they represent more than their own political and mana-
10 gerial abilities. Thus, migration is seen as betraying the trust of the voters, who
11 supported the candidate because they wanted to support the candidate’s party.
12 Calls on the part of the Coalition for a Clean Parliament for deputies and
13 senators to curtail the practice, and for voters not to support candidates who
14 changed their party colours, have had limited success.
15
16 The fight against corruption
17
18 In 2011, Romania remained one of the most corrupt countries in Europe. Both
19 before and after its acceptance into the European Union the country promised
20 to address this issue, but was unable to do so effectively because the very
21 institutions that are meant to eradicate it – the police and the courts – are
22 involved in patronage, nepotism and cronyism. In addition, the legislation
23 punishing involvement in such practices is weak, lenient and poorly imple-
24 mented, and while most Romanian citizens deplore the persistently high levels
25 of corruption, for various reasons they continue to use the extensive patron-
26 client networks that keep the country a prisoner to their interests. Corruption
27 continued to affect all localities, most public institutions, and many schools and
28 hospitals, but significant steps in the anti-corruption fight were also registered.
29 First, in February, over 160 custom officials and border police officers
30 working at the country’s borders with Ukraine, Moldova and Serbia were
31 arrested on charges of accepting bribes for allowing people and goods to cross
32 the border illegally. Considered the largest such operation to date, this massive
33 arrest campaign sought to convince critical EU officials that the country could
34 fulfil its obligations sufficiently to be accepted into the Schengen area. Con-
35 cerns have been raised by older Union members, especially the Netherlands,
36 regarding Romania’s inability to monitor its eastern and southwestern
37 borders, which would become the Union’s outer borders if the country joins
38 Schengen. While the Romanian government hailed the arrests as proof of its
39 commitment to address EU concerns, its political will quickly vanished. By 20
40 May, all those arrested were released from jail without much explanation. The
41 arrests were unlikely to curb the border officials’ appetite for bribes since
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ROMANIA 273
1 (Mediafax 2011). Năstase is known for his lavish spending and luxurious
2 lifestyle and for tolerating extensive clientelistic networks that used public
3 resources for private gains under his prime ministership, when his family’s
4 wealth was rapidly but inexplicably augmented.
5 On 10 November,Apostu, the mayor of Cluj,Transylvania’s largest city, was
6 arrested after the police discovered that he received bribes worth €94,000
7 through his wife’s legal office in exchange for granting various public tenders
8 to selected private firms. He remains the highest ranking Democrat Liberal
9 Party member accused of corruption.
10
11 Institutional reforms
12
13 In 2011, President Băsescu and Prime Minister Boc unsuccessfully called for
14 an overhaul of key political institutions. First, they insisted on redesigning
15 parliament from a bicameral to a unicameral body by dismantling the upper
16 chamber and reducing the total number of legislators. In a 2009 referendum, a
17 large majority of Romanians favoured a smaller unicameral parliament (Stan
18 & Zaharia 2009), but no changes could be implemented because the referen-
19 dum was consultative, not binding, and legislators refused to support the
20 needed constitutional amendments.
21 Second, they argued for holding the local and parliamentary elections of
22 2012 on the same day. From 1990 until 2004, elections were organised every
23 four years – local elections in June, and parliamentary elections together with
24 the first round of presidential elections in November. The 2003 constitutional
25 amendments stipulated a five-year presidential mandate, and thus parliamen-
26 tary and presidential elections were held separately after 2004. With the global
27 financial crisis, the cabinet looked for ways to cut public spending and pro-
28 posed holding local and parliamentary elections together. Boc apparently
29 believed that the proposal favoured his Democrat Liberals by allowing their
30 parliamentary candidates, who had turned unpopular as a result of the auster-
31 ity measures of 2010, to enjoy a ‘transfer of sympathy’ from local candidates.
32 However, the proposal raised a serious constitutional challenge as running
33 local elections in November unconstitutionally lengthened the mayors’ man-
34 dates. The cabinet bypassed parliament by assuming responsibility for chang-
35 ing the election date, but the Constitutional Court ultimately blocked the
36 proposal by rejecting it as unconstitutional. As such, the local and parliamen-
37 tary elections of 2012 will be held separately.
38 Third, the cabinet changed the way that High Court of Cassation and
39 Justice judges were nominated. The amendments, for which the cabinet
40 assumed responsibility, improved the justices’ selection by introducing for
41 the first time ‘guarantees of transparency, objectivity and professionalism’
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ROMANIA 277
31 Conclusion
32
33 The third year of the legislative cycle, 2011 proved to be a relatively calm one
34 for Boc IV, which retained the confidence of parliament throughout the year.
35 The ruling Democrat Liberals and the opposition Social Democrats and Lib-
36 erals became increasingly polarised and disconnected from the general popu-
37 lation, whose discontent deepened with the austerity measures implemented
38 in 2009 and 2010 and a political elite almost exclusively pursuing its group
39 interests. This polarisation forced the cabinet to frequently resort to emer-
40 gency ordinances and to assume responsibility in parliament in order to enact
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1 its policy priorities. The anti-corruption campaign registered some success, but
2 not enough to rid the country of the plague of almost universal bribes and
3 systemic cronyism. The reforms in the education, which look revolutionary on
4 paper and are among the few accomplishments the government registered in
5 2011, are yet to prove their worth.
6
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