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  Nr. 3681 de vineri, 21 iulie 2006 
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Valeriu Stoica's trap
I promised I would try to analyze possible solutions to prevent the continuation of the war between the two palaces in the future. Of course the solution can be constitutional only. Due to the opportunity coming from the Constitutional Court, the President may now initiate referendum on the topic. But is this any advantage to him? Valeriu Stoica, now a powerful ally of the President, is the last who has come up with the idea that in the future the President should no longer by elected by citizens, but by the Parliament. This makes me ponder. He is either using double language and setting a trap for Basescu or he is initiated in a game more subtle than it seems. Both of them are the "architects". Let's try to have sensible arguments decipher the mystery.
Suppose Romania can no longer go on this way. Ceaseless adversities, disputes and even wars between the two palaces must come to an end or citizens would have too much to lose. What situation are we in, constitutionally speaking? What is Romania, after all? In the United States the President is also head of the Executive and there is no prime minister, actually. It is a presidential republic. In Germany, the President is just props, as the prime minister is in fact the official who determines political decisions. It is a parliamentary republic. Romania is closest to the French pattern it used when elaborating the first Constitution after Ceuasescu's fall. Although the President and the prime minister share executive attributions in France, the President still plays a much more important part. The President of France has got more executive attributions than the President of Romania. Such state of things is on the relations of the powers in a state.
But let's look into the legitimacy. After all, it is the source of real power, just like the Constitution. As far as this is concerned, I think no one doubts it is most legitimate when the President of a state gets mandate straight from citizens by means of general elections. But there is also indirect legitimacy. The electorate elects parliamentarians and the latter elect a President in their turn. But it obviously isn't the same. Apart from such general ideas, indispensable to the choice for a right solution, let's see the intentions of political players.
Given his powerful personality, Traian Basescu is obviously trying to play a part more important than the one settled in the Constitution, just as he himself said. This is the reason why he kept the Supreme Council for National Defense - a somehow artificial structure, giving the head of state the opportunity to make important decisions, involving or regarding the government - and he has also consolidated it. It is also one of the reasons he achieved the information service community. Could Basescu decide on his own how to change the Constitution, I think we would pass to a system resembling the American one, that is without a prime minister. But so far it is the electorate that his force actually consists in. He can't count on a party like the PD (Democrat Party), lacking authentic personalities, except for a few people. He can't county on such a party, no matter its poll improvement in the time between two rounds of parliamentary elections. He can neither rely on a system of alliances. In fact, Basescu has offended the political class several times and the politicians, who are parliamentarians, would be glad to get rid of him. On the other hand, his popularity is still high. By addressing citizens straight, Basescu can only score points. This is as true as the idea that by addressing the Parliament, which he is not in the habit of doing, he has got only points to lose. Still Valeriu Stoica has been insisting on a project the other Liberals agree to: the Constitution should be modified so that the Parliament would elect the President. If they do this, then Basescu or somebody else will become a rather props president instead of a president player. It means that Valeriu Stoica, a man not at all na�ve, not at all unintelligent or with no knowledge of politics and constitutional law, is trying double game. His offer is a trap for Basescu. But doesn't the head of state know it?
I will continue on it tomorrow when I will be ignoring people so that the trees won't darken the view on the woods.
Sorin Rosca Stanescu 
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