FREE Newsletter 24th of December 2012

Opinion of the Venice Commission on Romania – Call for loyal cooperation of the state institutions in the interest of the State “The Commission is of the opinion that the respect for a Constitution cannot be limited to the literal execution of its operational provisions. The very nature of a Constitution is that, in addition to guaranteeing human rights, it provides a framework for the state institutions, sets out their powers and their obligations. The purpose of these provisions is to enable a smooth functioning of the institutions based on their loyal co-operation. The Head of State, Parliament, Government, the Judiciary, all serve the common purpose of furthering the interests of the country as a whole, not the narrow interests of a single institution or the political party having nominated the office holder. Even if an institution is in a situation of power, when it is able to influence other state institutions, it has to do so with the interest of the State as a whole in mind, including, as a consequence, the interests of the other institutions and those of the parliamentary minority.

The Venice Commission is of the opinion that the Romanian state institutions should engage in loyal co-operation between themselves and it is pleased about the statements from both sides expressing their intention to respect their obligations…”

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