marți, 4 noiembrie 2014

(8) In case that, from various reasons, neither the President of the Constitutional Court can be designated, by right, as state Governor, it shall be taken into consideration, in order to be designated

(8) In case that, from various reasons, neither the President of the Constitutional Court can be designated, by right, as state Governor, it shall be taken into consideration, in order to be designated as: state Governor, by right, in the following order: the Vice-president of the Moral Parliament, respectively the Vice-president of the Constitutional Court. (9) After designation, the state Governor announces, personally and publicly, the state Population, regarding the existing situation, at the state level, as well as the main reasons, for which, in his judgment, it has come to the situation in question, respectively to his/her designation as state Governor, precising at the same time, that, on his/her turn, shall proceed further on to the initiation of consultations in order to designate, in accordance with the legal prerogatives that he/she holds, a locality Governor, at the level of each locality, legally provided, under the conditions specific to the constitutional State of law, to have a City Hall. (10) In case that, from various specific reasons, at societal level, it is officially considered, by the authorized State power institutions, that it cannot be officially organized the referendum within which to be appreciated and, respectively, to be decided, by the state citizens Electorate, on the lawful initiative of temporary suspending of the state Constitution, as well as on the designation of the proposed state Governor ( in case of adopting the decision of temporary suspending of the state Constitution), the fundamental State institutions: the Moral Parliament, respectively: the Constitutional Court ( in this order), benefit, by right (separately or in collaboration), by priority, in adopting the initiative of deciding the temporary suspending of the state Constitution, respectively the initiative of deciding the designation of the state Governor, namely the transition from the constitutional State of law to the gubernatorial State of law, with the obligation of the public motivation of the initiative to undertake the respective actions, as well as of announcing the duration, respectively the estimated temporal period for which the actions in question have been undertaken. (11) The official decision of temporary suspending of the state Constitution, the afferent motivations, respectively the official designation of the state Governor, shall be announced, publicly, within maximum 24 hours, from the date of their undertaking, by the official leader of the State power institution authorized by law to initiate and adopt, officially, the decision of the temporary suspending of the state Constitution, as well as to officially designate the state Governor, together with the specifying of the legal basis, by virtue of which they were undertaken, and within maximum 48 hours they will be published in the Official Gazette of Romania. (12) Within maximum 24 hours from the public announcement of the actions specified in the previous paragraph, the state Governor, officially designated, will address himself publicly to the state Population in order to present himself, concisely but also decisively, through his deeds, at societal level, respectively through his intentions to redress, in an optimum way, the situation at the societal level of the Romanian State, in order to be able to return as soon as possible, to a constitutional State of law, but stable too, as well as in order to announce who are the county Governors whom he appointed to rule, in a gubernatorial specific way, the county districts from the structure of the Romanian State, following that within maximum 48 hours from his public appearance, mentioned above, to come back in another public appearance in order to announce who are the locality Governors whom he appointed to rule, in a gubernatorial specific way, the localities of the following types: municipality, respectively: municipal-sector, respectively: town, respectively: commune, from within the Romanian State, following that within maximum 48 hours, from the announcing of the respective governors, the list of the announced governors to be published in the Official Gazette of Romania too. (13) After the events mentioned in the previous paragraph, the state Governor will announce periodically, in a public way, through direct appearances or through press conferences or by official communiques (depending on the case), at least once a week, as well as when deemed necessary, the evolution of the situation at the state level, as well as at the societal level. (14) After removing the causes that determined the temporary suspending of the state Constitution Page | 1 and after stabilizing the situation at the societal level, the state Governor is obliged to proceed to the initiation of the returning of the Romanian State to the state of constitutional State of law, through the organizing of Elections, at state level, respectively at district level, respectively at locality level, announcing publicly, the date or the time period (depending on the case), with 60 days before the date provided for the organizing of the state Elections. (15) During the temporary suspending of the state Constitution it is forbidden the revision, respectively the modification of the state Constitution, as well as the modification of the Laws from within the constitutional legislative System, respectively the promulgation of new laws, of constitutional level, within the constitutional legislative System. (16) Other legislative provisions regarding the temporary suspending of the state Constitution, respectively the gubernatorial State of law, respectively the transition from the constitutional State of law to the gubernatorial State of law, respectively the transition from the gubernatorial State of law to the constitutional State of law, make the object of the constitutional Law afferent to the gubernatorial State of law, respectively the object of other connected laws from within the state legislative System. To follow soon: Title VII: Special issues; Justice system of constitutional level: Code of constitutional offenses; Code of constitutional, juridical procedures (to be continued) Lorin Fortuna Head of the Constitutional Group “ Timisoara “ Page |

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