Government of Romania

The current government is led by Marcel Ciolacu, the incumbent leader of the Social Democratic Party (PSD).

The procedure of investing a new Government is initiated by the President, who designates a candidate to the office of Prime Minister after consulting the party which holds a majority of seats in the Parliament. If no such majority exists, the President consults all the parties represented in Parliament. Once nominated, the candidate establishes a list of members and a government platform; this is to be done in 10 days. The 10-day interval is not a strict deadline, rather it represents the time period deemed optimal to establish a competent legal Government. The expiry of this interval allows the President to revoke the candidate and designate a new one, though this is not mandatory.[1]

Once the candidate has formed a list and a program, they can ask for the Parliament's vote of confidence. The Parliament debates upon the matter in joint sitting, and can only reject proposals twice in a span of 60 days. If Parliament fails to approve a candidate within this time period, the President gains the right to dissolve it then.[2]

Should the Parliament grant its vote of confidence, the proposed political platform becomes official, and the full list of Government must be confirmed by the President. The Government is then sworn in and begins its term.[3]

The Government is organized and functions in accordance with the Constitution, based on Government Program approved by Parliament. The Government Program is a political-administrative document that sets out the principles, guidelines and steps needed to be taken that the Government intends to implement during its term in office in all the fields of activity. To achieve the goals stipulated in the Government Program, the Romanian Government performs the functions of strategizing, regulating, administering, representing and exercising the state authority.

The Government approves the strategies, policies and public administration programs, these being methods of accomplishing the goals stipulated in the Government Program, as well as methods of satisfying the competences of the institution as a public authority within the executive power, its role being that of ensuring the balanced functioning and development of the national economic and social system, along with its connection to the global economic system while promoting the national interests of Romania.[4]

The role of the Government is sanctioned by the Constitution and by relevant laws. The Government exercises "general leadership of the public administration",[5] elaborates strategies to implement the government platform, exercises legislative initiative, negotiates international treaties,[6] represents the Romanian state both internally and externally, names prefects[7] and presents information and documents to the Chambers of Parliament as requested.[8]

The Government answers exclusively to Parliament, both through compulsory information of Parliament and through questions, interpellations and inquiry committees. A Chamber of Parliament (Chamber of Deputies or Senate) may carry a simple motion with regards to the subject matter of an interpellation.[9] In extreme cases, the Parliament may vote a motion of censure, withdrawing its confidence and forcing the Government to resign.[10]

Through a special habilitation law, the Government may be enabled to issue ordinances (ordonanțe), which have the same legal force as ordinary laws. Ordinances are a form of legislative delegation, and may require approval in Parliament if the habilitation law states so. In extraordinary situations, in which regulation cannot be postponed, the Government may issue emergency ordinances (ordonanțe de urgență), which do not require habilitation laws but must be subjected to approval in Parliament before coming into force.[11]

A structure without legal personality, subordinated directly to the Prime Minister, funded through the budget of the Secretariat - General of the Government, led by the Head of Chancellery, with the rank of Minister, appointed and removed from office by Prime Minister's decision, one or more Secretaries of state and State Advisors, appointed, or removed from office by Prime Minister's decision, perform their activity in the Prime Minister Chancellery;

The Secretariat (administrative office) is a public institution with legal personality, subordinated to the Prime Minister, headed by a general secretary with the rank of Minister, assisted by a Deputy Secretary-General with the rank of Secretary of State, and, where appropriate, by one or more many Secretaries of State, appointed, or removed from office by Prime Minister's Decision, the Secretary-General of the Government is the main credit authorizing officer for the apparatus of Government and public institutions and bodies of the central public administration, subordinated or coordinated by the Government, the Prime Minister and the Secretariat-General of the Government

A structure with legal personality, funded through the budget of the General Secretariat of the Government, headed by the Minister for Liaison with Parliament, who has the capacity as tertiary credit authorizing officer. The department comprises one or more Secretaries of State, appointed and removed from office by Prime Minister's decision.

A structure with legal personality, funded through the budget of the General Secretariat of the Government, headed by the Minister for Infrastructure Projects of National Interest and Foreign Investment, who has the capacity as secondary credit authorizing officer. The department comprises one or more Secretaries of State, appointed and removed from office by Prime Minister's decision.

A structure with legal personality, in the apparatus of the Government, under the Prime Minister's coordination, financed from the state budget through the budget of the General Secretariat of the Government, headed by a Chief with the rank of Secretary of State, appointed by Prime Minister's decision for a period of 5 years, tertiary credit authorizing officer; DLAF is the institution of contact with European Anti-fraud Office- OLAF and provides supports or coordinates, as appropriate, the fulfillment by Romania of its obligations with respect to the protection of the financial interests of the European Union, in accordance with Art. 325 of the Treaty on European Union, having the power to control the obtaining, unfolding or use of EU funds and related co-financing funds;

A structure without legal personality, under the Prime Minister's authority, headed by a Secretary of State, appointed and removed from office by Prime Minister's Decision, and funded through the budget of the General Secretariat of the Government; it controls and monitors the activity of Ministries and their decentralized public services, public institutions under Government's authority, specialized bodies of the central public administration subordinated to the Government, offices, departments, commissions, autonomous companies, national companies and societies, trading companies and financial -banking institutions with state majority capital or entirely owned by state; Control Body of the Prime Minister controls the activity of public institutions subordinated to local public administration authorities, while observing the legal provisions on the general regime of local autonomy and the organization and functioning of local public administration authorities;

A structure without legal personality, subordinated to the Prime Minister and under the coordination of the General - Secretary of the Government, headed by a Secretary of State, assisted by two Secretaries of State, appointed, or removed from office by the Prime Minister's decision, and funded through the budget of the Secretariat -General of the Government.

Organized as structures with or without legal personality, under Prime Minister's authority, headed by State Secretaries or others with similar rank, whose establishment and / or operation is approved by Government Decision.[15]

There are twenty ministries in the Romanian government:

1. Ministry of Finance
2. Ministry of Internal Affairs
3. Ministry of Foreign Affairs
4. Ministry of Justice
5. Ministry of National Defence
6. Ministry of Economy
7. Ministry of Energy
8. Ministry of Transport and Infrastructure
9. Ministry of Agriculture and Rural Development
10. Ministry of Environment, Water and Forests
11. Ministry of Development, Public Works and Administration
12. Ministry of Investments and European Projects
13. Ministry of Labour and Social Solidarity
14. Ministry of Health
15. Ministry of Education
16. Ministry of Research, Innovation and Digitalization
17. Ministry of Culture
18. Ministry of Sport
19. Ministry of Family, Youth and Equality of Opportunity
20. Ministry of Entrepreneurship and Tourism

Prefectures

The decision-making circuit of draft public policy documents and draft legislative acts is structured in two phases: a) preparatory meeting of the Government meeting which ensures the coordination of the process of elaboration, consultation and approval for public policy documents and legislative acts at inter-ministerial level; b) government meeting marking the end of decision-making process through the adoption / approval or rejection of such draft laws.[16]