2012 Romanian constitutional crisis

The 2012 Romanian political crisis is an ongoing political conflict between Cotroceni Palace and Victoria Palace as far as that goes representation of Romania to the European Council reunion of June 28, 2012.

Background

See also: 2012 Romanian protests

President Traian Băsescu and Prime Minister Victor Ponta became locked in a constitutional judicial conflict over Romania's representation at the June 28, 2012 meeting of the European Council. President Traian Băsescu submitted a complaint to Romania's Constitutional Court in point of the conflict with Government concerning the representation on the European Council. Ponta declared to the Romanian press agency Mediafax that misconception claimed by President Băsescu to the Constitutional Court is between Presidency and Parliament, and Court judges can only determine the existence of a conflict, that can not be solved only by amending the Constitution.

Parliament plenary adopted on June 12, 2012, with 249 votes in favor, 30 against and two abstentions, a political declaration recommending that at European Council meeting on June 28 Romania to be represented by Premier Victor Ponta, not by President Traian Băsescu. That decision triggered a fierce conflict between the two Palaces. A week ago, President Traian Băsescu sent to Premier Victor Ponta a letter which drew attention that participation in the European Council without a mandate from the President legally equalizes with ownership of a constitutional prerogatives of the President. At a press conference, Ponta broke the letter, ironically replying this gesture.

On June 27, Constitutional Court decides that the President is required to attend the European Council in Brussels. Ponta respond in a way that nobody expected. Government takes in authority the Official Monitor, delaying publication of the Constitutional Court decision, regarding participation in European Council and making the presence of Victor Ponta in Brussels to be legal.

Beginning of crisis

Traian Băsescu's troubles began on June 18. Hidroelectrica, a state-owned energy company announced that it was insolvent. It was a move that Ponta hit the "smart guys", which have signed contracts with all governments (right- or left-wing) to buy cheap energy from Hidroelectrica. On the same day, Victor Ponta became embroiled in a plagiarism scandal: Nature magazine claimed that the Premier copied his dissertation in 2003.

On June 20, former PSD leader and premier Adrian Năstase was sentenced to two years of imprisonment after conviction in a corruption trial due to his alleged involvement in the dossier "Quality Trophy". The same evening, as police arrived at his home to escort him to prison, Năstase shot himself in an apparent suicide attempt and was transported to Floreasca Hospital. A week later, Adrian Năstase was transferred to Rahova Prison Hospital. On June 25, the Romanian Senate decided to alter the functioning of the Constitutional Court law, such that the court will not be able to rule on Parliament decisions, thus facilitating the procedure for suspension of the President. In the following days, the Chamber of Deputies approved the referendum law amendment, which established that the President can be dismissed easily, only half the votes of those who come to the polls. Until that point, the law stipulated that the President is dismissed only if the proposal was passed by majority of voters registered on electoral lists. On June 27, Băsescu replies. Pure uninominal law, initiated by Victor Ponta and Crin Antonescu, is declared unconstitutional. In the same day, PDL attack to the Constitutional Court the referendum law and the Constitutional Court Law amending.

In press occurs rumors about filing a penal complaint at Parquet against Victor Ponta by Traian Băsescu, as the Prime Minister to be, then suspended from office. President denies this version, but accuses Ponta that represents illegitimate Romania in Brussels. National Council for Titles, Diplomas and Certificates establishes that Victor Ponta plagiarized in his PhD thesis. Council claims that 85 pages are copied and called for the title of doctor withdrawal. But, before the verdict, Interim Minister of Education, Liviu Pop, dissolved the National Council for Titles, Diplomas and Certificates, such that the decision was void.

On July 3, the Romanian Parliament, at proposal of majority represented by USL, vote dismissal of President of the Senate, PDL leader Vasile Blaga, President of the Chamber of Deputies, PDL member Roberta Anastase and Ombudsman. Through an Emergency Ordinance, government restricts the attributions of the Constitutional Court.

President's suspension

Crin Antonescu, Interim President of Romania

Băsescu was suspended as President of Romania, by Parliament, with 256 votes in favor and 114 against. There were two abstentions. After announcing the results, Parliament proposed that the presidential impeachment referendum to set for July 29, 2012, proposal approved by the plenary with 242 votes in favor. Suspended president notified the Constitutional Court, calling for a constitutional legal conflict between president and Parliament. "I do not defend the seat, but I want to defend the office", President explained. Therewith, he reiterated accusations against USL and its leaders, accusing them of lying and wanted to subordinate the justice. "If I return as president it will still be impossible for thieves and impostors from politics to negotiate with me their calmness. I think that Romanians do not want the peace during Iliescu government. I can not guarantee that I will continue to be a strong nut for those who believe that Romania can go forward with a justice that protects thieves", Băsescu said.

He added that "suspender's great argument is that I haven't popularity", and if he will be reappointed at referendum and he will find Victor Ponta in office he will never entrust the prime minister function.

On the other hand, USL leaders Crin Antonescu and Victor Ponta ensured that there will be no pressure for justice and for other state institutions.

Victor Ponta said that during this period of political crisis his family received threats, having to resort to state institutions for protection.

On July 9, the Constitutional Court ascertained President Băsescu's suspension and confirmed Crin Antonescu as interim president. Therewith, Constitutional Court rejected complaints formulated by Vasile Blaga and Roberta Anastase, supported by PDL, regarding removal from office of President of the Senate, respectively President of the Chamber of Deputies.

On July 19, USL laid down, at the Office of the High Court of Cassation and Justice, a penal complaint against suspended president Traian Băsescu and other 14 people, for "spreading false information, for defamation of the country and the nation and for endangering safety of the national economy and currency stability".

Motives invoked for suspension

1. The President usurped the role of prime minister and substituted him in the constitutional attributions of the Government.
2. The President repeatedly violated fundamental rights and freedoms of citizens provided in the Constitution.
3. The President repeatedly violated the principle of separation of powers and judicial independence.
4. The President has initiated an unconstitutional project to revise the Constitution and violated the constitutional review procedure provided by the fundamental law.
5. The President abetted to breach of the Constitutional Court decisions and made direct pressure on the judges of the Court, making them "visits" before important decisions.
6. The President systematically violated the principle of political non-possession of the person who serves as presidential function and abandoned his constitutional role of mediator in the state and society.
7. The President seriously violated the Constitution and the fundamental principle of representative democracy, when he said he would not appoint a Prime Minister of the USL, even if this party will get absolute majority in Parliament.

• Source: Gândul.info

July 29 referendum

Main article: Romanian presidential impeachment referendum, 2012

A referendum on impeaching President Traian Băsescu was held in Romania on July 29, 2012. The referendum was required after Parliament voted in favour of impeaching Băsescu on July 6, and had to take place within a month..

Map of turnout at Romanian presidential impeachment referendum, 29 July 2012

Choice	Votes	Percentage (%)
Y Yes	7,403,836	87.52
N No	943,375	11.15
Invalid/blank votes	111,842	1.32
Total	8,459,053	100
Registered voters/turnout	18,292,464	46.24
Source: Romanian Electoral Commission

Initially, in press was rumored that the referendum wasn't validated due to presence under 50% at vote. Central Electoral Bureau announced on August 1, 2012 the final results of the referendum regarding president Traian Băsescu's dismissal. According to BEC data, 46.24% of citizens entitled to vote attended the referendum. For Băsescu's dismissal voted 87.52%, and against 11.15%. 1.32% was the percentage of invalid votes. On August 2, the judge Aspazia Cojocaru declared, after the Constitutional Court meeting, that from her point of view referendum ought to be canceled, because it was based on false data. According to 20 October 2011 census, in Romania there aren't 18 million citizens eligible to vote, how many were registered on electoral lists.

Constitutional Court postponed the pronouncement on the referendum result for September 12. CCR has requested the Government of Romania as, up on August 31, 2012, to send updated permanent electoral lists under which took place the 29 July 2012 referendum. On August 1, magistrates postponed the decision, after they debated over five hours and applied to the Ministry of Interior and National Institute of Statistics data on voting population in Romania, to resolve several disputes.

Protests

July 2012 Romanian protests
Date	July 4 – July 29, 2012
Location	16 cities throughout Romania, including Bucharest
Caused by	Alleged plagiarism by Prime Minister Victor Ponta Romanian President impeachment Political instability
Methods	Protest, Demonstrations
Status	Ongoing
Parties
Social Liberal Union Other Băsescu detractors Liberal Democratic Party Other Băsescu sympathizers
Lead figures
Crin Antonescu Victor Ponta Daniel Constantin Mihai Răzvan Ungureanu Monica Macovei Vasile Blaga
Number
109,200+ 38,000+
Casualties and losses
Arrests Injuries Deaths 2 11 0

Traian Băsescu, the impeached Romanian President, speaking at a meeting in his support.

The political turmoil fractured Romanian society. Currently, the Romanian people are divided into two camps: anti-Băsescu and pro-Băsescu. Despite high temperatures, driven from behind by their parties or on their own, in several areas of the country, people began to leave the streets to defend their favorites or to protest their opponents. Thus, relatively peaceful protests have erupted in major cities of Romania. In Arad, protests turned violent when Băsescu's opponents and sympathizers clashed. The groups were quickly dispersed by police. None of the groups participating in action on Thursday evening has no authorization, can not specifying how protests will last.

Street protests were also organized in Bucharest. About one hundred people protested on July 4 at University Square against the political class. Those present displayed messages against exploitation in Roșia Montană and shale gas. At Victory Square, occurred a new demonstration against the current leadership, and came, as one day ago, former Prime Minister Mihai Răzvan Ungureanu. He argued that it is normal that people to leave in the streets, criticizing USL leader Ponta and Antonescu, which he said that "have succeeded to demonstrate how it can be trampled the Constitution". Ungureanu has transmitted to demonstrators that "he awaits them Thursday", in Revolution Square, where the Liberal Democratic Party announced the organization of an anti-USL meeting.

In the following days, protests were amplified, such that more than 2,000 people gathered at the meeting on Thursday evening, in University Square, in a demonstration in support of President Traian Băsescu, attended by prominent members of the PDL. From Thursday's protests were not without any incidents. Attending the pro-Băsescu meeting, Raluca Turcan went faint to the end of the meeting and another five people needed medical care after they felt sick to rally in Revolution Square. Some demonstrators in University Square were fought, Thursday evening, and were separated by gendarmes in device on-site, that raised two people from among recalcitrants. Protesters had altercations after two of them were taken by the gendarmes.

In Timișoara, the two groups of protesters were nearly to confront. PDL sympathizers and supporters of the President gathered Thursday evening in the center of Timișoara to denounce what they call abusive measures taken by Ponta government in last days. Spirits were heated when in the area has appeared a group of supporters of USL, shouting slogans against the President. The dispute between the two groups, initially only verbal, risked to degenerate, so gendarmes immediately intervened to appease spirits.

On July 20, USL organized largest demonstration to date in Craiova, "a major political rally with about 20,000 people". At the manifestation attended Victor Ponta, Valeriu Zgonea, Olguța Vasilescu and several ministers. Olguța Vasilescu addressed to the crowd, saying that the country must get rid of "democracy's cancer, Traian Băsescu". Prime Minister Ponta also held a speech. Rovana Plumb, Titus Corlățean, Daniel Constantin, Mircea Geoană and Călin Popescu Tăriceanu were also present at the meeting. According to spokesman of Dolj County Inspectorate of Gendarmes Ionuț Savu, the meeting was attended by approximately 18,000 people, from several counties. In Marin Sorescu Theater area, traffic was blocked for several hours.

Another major political rallies were organized by USL on July 17 in Brașov (5,000 participants), on July 22 in Iași (15,000 participants), on July 24 in Oradea (8,000 participants), on July 25 in Pitești (7,000 participants) and Alexandria (1,500 participants), on July 26 at Romexpo, Bucharest (50,000 participants), on July 27 in Râmnicu Vâlcea (700 participants).

In several cities throughout Romania were organized pro-Băsescu meetings, that few people attended: Bucharest (15,000 participants), Iași (10,000 participants), Cluj-Napoca (10,000 participants), Slatina (100 participants).

Impact

Reference rate leu/euro announced on July 23 by BNR 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. 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.

After abuses in last week against legal state committed by Ponta government, 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 USL 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.

International reactions

Council of Europe

Secretary General of the Council of Europe, Thorbjørn Jagland, said he was concerned by recent developments in Romania, especially those related to president's suspension, and asked the Venice Commission to examine whether these actions are compatible with state of law and with democracy. Likewise, Thorbjørn Jagland demanded an investigation of the situation.

United States

U.S. State Department expressed concern over recent events in Romania, specifying that all these "threaten the democratic balance of powers and weaken independent institutions as justice".

France

"Romanian Parliament voted Friday in favor of the suspension of center-right President Traian Băsescu, in a political crisis that gives rise to concern that democracy in Romania would be exposed to threats", annotated France-Presse. The same press agency wrote that president Băsescu has rejected USL accusations and warned about "risks for «stability and reputation of the country»" brought by this decision.