Katana VentraIP

2012 Romanian constitutional crisis

The 2012 Romanian constitutional crisis was a major political and constitutional conflict between President Traian Băsescu and Prime Minister Victor Ponta of Romania. A dispute arose between the two regarding the representation of Romania to the European Council reunion of June 28, 2012. The dispute degenerated in civil disobedience and conflicting views between political parties.[1] On 12 December 2012, Băsescu and Ponta signed an agreement on institutional cohabitation, effectively ending the crisis.[2]

Diaconu, D.: International Criminal Court, History and Reality, All Beck Publishing House, 1999;

Crețu, V.: International Criminal Law, Tempus Publishing House, 1996;

Diaconu, I.: The International Criminal Court: A New Stage, Nicolae Titulescu Romanian Inst. International Studies, 2002;

Duculescu, V.: preface to the work of D. Diaconu, International Criminal Court, History and Reality.

Source:

Gândul.info

2012 Romania civil unrest

4 June 2012 (2012-06-04) – 1 December 2012 (2012-12-01)
(5 months, 3 weeks and 6 days)

  • Invalidation of the referendum
  • Traian Băsescu's reinstatement
  • Reactions and statements of the European leaders
  • Resignation of President Traian Băsescu
  • Resignation of CCR judges

Ended

Impact[edit]

Reference rate leu/euro announced on July 23 by the National Bank of Romania reached a new record high, of 4.6460 units, and the official rate for the dollar struck a new record and rose to 3.7999 lei/dollar.[123] From July 3, when political tensions began to increase, on the interbank market leu fell by 4.2% against the euro, and stock prices began to exceed record after record. The rate for Swiss franc increased from 3.8173 lei/franc to 3.8314 lei/franc, representing the maximum for the last 11 months. A higher official rate was recorded on August 12, 2011, when franc was quoted at 3.8926 lei.


Politically, infighting in the summer of 2012 had deteriorated the image of Romania in the face of European leaders. After the EU officials perceived the Ponta Government acts as abuses against the legal state, Romania risks to remain at the gates of the Schengen Area, but mainly to run out European funds. After Tuesday, July 3, President of European People's Party Wilfried Martens warned that Social Liberal Union has started a plan to undermine the state, and Wednesday German MEPs leader Markus Ferber said he would initiate the suspension of Romania in the European Council for "lack of minimum standards functioning the legal state", stake increased substantially when Alain Lamassoure and Elmar Brok asked the European Commission to prepare a report leading to suspension of voting rights of Romania in the European Council.[124]


The critics that the EPP leaders and officials formulated against the Social Liberal Union Government, S&D leader Hannes Swoboda expressed the concern regarding the lack of concern of the EPP officials with respect to the erosion of democracy in FIDESZ led Hungary.


Alike, PSD requested to Party of European Socialists the postponement or relocation to Brussels of PES Congress, as this event to be not "shadowed" by political infighting, and Brussels transfer decision will be officially announced next days, declared on August 30, Hannes Swoboda, S&D leader in the European Parliament.[125]

Reactions[edit]

Domestic[edit]

Radu Zlati, former adviser to the interim president Crin Antonescu, recognizes that the PNL leader has problems within his own party. In a post on his blog, Zlati says that in the National Liberal Party coalesces a movement that aims to Antonescu's removal from office. He argues, however, that a possible coup will fail.[126] In press favorable to Traian Băsescu was launched, on September 5, the assumption of tensions in the USL. The strategy is to demobilize USL and confuse the electorate. Using the pretext of a declaration of "dissident" Ludovic Orban, the manipulative tentative culminated with breaking news headlines about "USL breakage".[127]


Reactions and statements of European leaders regarding Traian Băsescu's reinstatement irritated Băsescu's detractors. PNL Vice-President Relu Fenechiu considered that in the test of Băsescu's dismissal Romanians confronted with the U.S., Germany and the European Commission.[128]


Crin Antonescu, USL Co-President, said he disagrees with Victor Ponta's position to consider well-balanced the EC attitude as against Romania, but he understands these statements as attempts to reduce Brussels' hostility. "I'm disappointed in Barroso's lack of shade to take account of what Romanians expressed by vote. It was not a well-balanced attitude. It was an obvious and assumed political bias. Barroso congratulated himself for action from Romania, that was a political gesture against millions of Romanians", Antonescu said in a TV show.[129]


In a letter to the President of the European Parliament, Martin Schulz, with the occasion of debates organized by the EP on the political situation in Romania, former President of Romania, Emil Constantinescu, claims that in the last two months Romania "was subjected to unacceptable pressures for a member of EU, pressures coming from the European Commissioner for Justice, Viviane Reding and President of the European Commission José Manuel Barroso".[130] "Pressures on the Romanian Parliament, the Government and Interim President, who acted within the letter and spirit of the Constitution of Romania, have no justification in any article of the European Constitution and other regulations is an abuse that creates an extremely dangerous precedent for violation of an EU Member State sovereignty. These pressures have been made based on charges unrelated to reality and are contradicted by any fair and impartial analysis of the events and documents. Now, when the process of suspension of the President and the referendum for his dismissal ended with the return in office, in the conditions imposed by EU, we can consider as a case study", he appreciates.[131] Emil Constantinescu also says in the letter that "what Commissioner for Justice and European Commission President ignores is that the current mandate of the President of Romania is illegitimate".[132]


Liberal superintendent of the Senate, Ioan Ghișe, announced, on September 13, in a press conference, that he submitted, at the Prosecutor's Office attached to the High Court of Cassation and Justice, criminal complaints against President Traian Băsescu and six of the judges of the Constitutional Court. In the complaint against Traian Băsescu, PNL Senator explains that President may be accused of usurpation of official qualities and of propaganda in favor of the totalitarian state.[133]


On September 16, Democratic Liberal Party, Civic Force Party and Christian-Democratic National Peasants' Party signed the protocol Right Romania Alliance. The Alliance is founded on Justice and Truth alliance model and is initially composed of three co-presidents: Vasile Blaga (DLP), Mihai Răzvan Ungureanu (Civic Force) and Aurelian Pavelescu (CDNPP). Originally, in the Alliance also ranged the New Republic Party led by Mihail Neamțu, but, due to an appeal to the court, was temporarily waived its hiring.[134]