The Neutrality of the Romanian Head of State

Abstract

The Constitution of Romania, republished, expressly enshrines, in art. 1 para (4), the principle of separation and balance of powers in the state. The possibility of respecting this principle is outlined by constitutional provisions relating to public authorities, their powers, as well as the relationships between them. In the 1991 constitutional configuration, maintained even after the 2003 revision, the President of Romania was placed in the sphere of executive power, the constitutional functions recognized to him being placed between the other authorities, especially between the Parliament of Romania and the Government, ensuring the balance between them being one of his missions. Analyzing, through specific methods of interpretation and research: logical, systematic, respectively comparative, in this article we aim to show that, by virtue of its constitutional role, as well as in order to exercise it responsibly, neutrality is one of the essential conditions that it must respect.