Country Profile: Romania - Library of Congress

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Library of Congress – Federal Research Division Country Profile: Romania, December 2006 unitary and consistent interpretation and enforcement of the law by all lower courts. The ninemember Constitutional Court addresses the constitutionality of challenged laws and decrees. The members serve nonconcurrent nine-year terms. The two houses of parliament and the president appoint three judges each to the Constitutional Court. Judges to the High Court of Cassation and Justice serve six-year terms and may serve multiple terms; like all other judges in the lower court system, they are appointed by the president on the recommendation of the 19-member Superior Council of Magistrates. The constitution provides for an independent judiciary; judges appointed by the president cannot be removed prior to the end of their terms. Administrative Divisions: Romania is divided into 41 counties (judete; sing., judet). Below the county level are three categories of population centers: 2,800 communes, having fewer than 5,000 inhabitants; 280 towns, having 5,000 to 20,000 inhabitants; and 86 municipalities, having more than 20,000 inhabitants. Provincial and Local Government: Each of Romania’s 41 counties is governed by a county council, whose members are elected by party; municipalities, towns, and communes are administered by mayors (elected individually) and local councils (elected by party). The county council coordinates the actions of all commune and town councils within a given county. Each county and Bucharest has a prefect appointed by the central government, who is charged with representing the central government at the local level. The prefect can block the actions of a local authority under certain conditions, such as violations of the law or the constitution. Such contested matters are then referred to an administrative court for arbitration. Reform proposals by President Traian Basescu in 2006 would give municipalities and county councils substantially greater responsibility for education, health care, and police services now provided by the central government. The inefficient county administrative system may be replaced by a regional system after 2007, but this controversial reform will await Romania’s entry into the European Union. Judicial and Legal System: The Romanian legal system is based on the Napoleonic Code. The law does not provide for jury trials; therefore, judges alone decide the outcome of trials. The law stipulates the right to counsel and presumption of innocence until proven guilty. The system has three levels below the High Court of Cassation and Justice: a lower court, an intermediate court, and an appellate court. Courts at each level have a prosecutor’s office. In the early 2000s, the Romanian legal system struggled to cope with a steadily increasing volume of court cases, particularly commercial litigation, and a shortage of judges. In 2004 and 2005, reports by the European Commission criticized the Romanian judiciary for lack of political independence and training and for unfamiliarity with the law of the European Union (EU). A judicial reform law passed in 2005 aimed at increasing the independence and professionalism of judges and prosecutors. Minister of Justice Monica Macovei, a nonpolitical appointee, has received credit for accelerating the judicial reform process, a major factor in the EU’s final approval of Romania’s membership in 2006. The 2006 state budget increased funding of the judicial branch by 12 percent. Electoral System: Representatives to the two houses of parliament are chosen by direct, popular vote on a proportional representation basis for four-year terms. Parliamentary elections last were held on November 28, 2004, when 58 percent of eligible voters cast ballots. The organization and conduct of national elections are the responsibility of the Central Election Bureau, which has 20
Library of Congress – Federal Research Division Country Profile: Romania, December 2006 branch offices in each county. The Permanent Electoral Authority, created in 2006, monitors the funding of political parties. The next parliamentary elections are scheduled for November 28, 2008. The president is elected by direct popular vote. The most recent presidential election, held on November 28, 2004, resulted in a runoff between the top two candidates on December 12, 2004. In that election, Traian Basescu of the Democratic Party defeated incumbent prime minister Adrian Năstase of the Social Democratic Party with 51.2 percent of the vote. The next presidential election will be held on November 28, 2009, with a runoff on December 12, 2009, if necessary. Politics and Political Parties: As of 2006, political parties represented in parliament include the National Liberal Party (NLP) and the Democratic Party (DP), which together formed the Justice and Truth Alliance (DA); the Hungarian Democratic Union in Romania (HDUR); the Conservative Party; the Social Democratic Party (SDP); and the ultranationalist Greater Romania Party. In 2006 the main parties of the governing coalition, the center-right NLP and the centerleft DP, were increasingly hostile and not expected to remain partners in the Justice and Truth Alliance for the next election (in 2007 or 2008). The SDP, which had suffered serious scandals, was not expected to be a serious factor, and the NLP was weakened by factionalism. A new coalition was expected to head the next government. Parties failing to gain seats in parliament in the 2004 elections include the National Peasant and Christian-Democrat Party (PNTCD), the Popular Action Party (AP), the New Generation Party (PNG), the Union for Romania’s Reconstruction (URR), and the Democrat Force (FD). Mass Media: The fall of the Ceauşescu regime brought extensive changes in Romanian media markets. In 2006 the mass media market remained a balance between state-owned and independent outlets. In the 2004 presidential election, international monitors criticized the broadcast media for favoritism but found the print media basically fair. Although 2005 saw a significant increase in the unimpeded reporting of controversial views, the state continued to use advertising revenue and other devices to influence coverage in the broadcast media. Financial restraints on media freedom are particularly pronounced in the provinces. In 2005 two national and several other state-owned television channels and four state-owned national radio stations were broadcasting. At least 13 private national channels competed with public television. Some 3.3 million households had cable television, and about 150 FM radio stations were operating. In 2005 Romanians had 12.1 million radios and 11.4 million television sets. In 2005 Romania had more than 100 newspapers, 18 of which are in Bucharest. The tabloid Libertatea had the top circulation of about 200,000 per day; its main competitors included Jurnalul National, Adevarul, and Evenementul Zilei. The early 2000s saw a consolidation of major media groups. By 2004 the Swiss Ringier group owned three of the top-circulation daily newspapers, and the Mediapro group owned the major private television network, several other large stations, and radio and print outlets. The largest domestic news agency is the independent Mediafax. The state-run agency Rompress has received substantial criticism for bias. The major West European news agencies and agencies of Bulgaria, Hungary, Poland, and Russia have offices in Bucharest. 21
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Country Profile: Romania - Library of Congress

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