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$Unique_ID{bob00470}
$Pretitle{}
$Title{Romania
Title II: Fundamental Rights, Liberties and Duties of the Citizens}
$Subtitle{}
$Author{Romanian Embassy, Washington DC}
$Affiliation{Romanian Embassy, Washington DC}
$Subject{law
right
public
citizens
state
rights
accordance
established
upon
order}
$Date{1990}
$Log{}
Title: Romania
Book: Theses For the Draft Constitution of Romania
Author: Romanian Embassy, Washington DC
Affiliation: Romanian Embassy, Washington DC
Date: 1990
Title II: Fundamental Rights, Liberties and Duties of the Citizens
CHAPTER I: General provisions
1. All the citizens have the rights granted to them by the Constitution,
and the duties laid down in it.
The law can make dispositions only for the future.
2. All the citizens are equal before the law and justice, without any
privileges and irrespective of race, ethnical origin, language, religion, sex,
opinion or political allegiance, wealth or social origin.
3. Romanian citizens residing in other countries shall enjoy the
protection of the State for the exercise of their rights and shall be bound to
perform their duties with the exception of those incompatible with their
absence.
4. Alien and stateless persons in Romania have all the rights and the
duties set forth in the Constitution and the laws, with the exception of those
belonging exclusively to the Romanian citizens.
5. Constitutional dispositions concerning the rights and liberties of the
citizens shall be interpreted and applied in accordance with the Universal
Declaration of Human Rights and the international treaties and agreements
ratified by Romania.
6. Fundamental rights and liberties, as well as the guarantee thereof may
be restricted only in instances explicitely set forth in the Constitution or
in a state of siege or state of emergency, and only by law. The law must
mandatorily specify the right and the article in the Constitution referred to
by the restraint of practise without infringement upon the very existence of
this right.
7. Every person has the right to appeal in justice for the defence of his
rights and liberties.
No-one may be withdrawn, against his will, from the competence of his
lawful judge.
No penalty may be established or applied but on the grounds and in
accordance with the provisions of the law.
8. A Romanian citizen may not be expelled from Romania. Extradition shall
be disposed only in compliance with an international convention, and on the
basis of the principle of reciprocity.
Romanian citizens, aliens, and stateless persons may not be extradited
for political reasons, if these comply with the Constitutional order in
Romania. Likewise, they may not be extradited on request of a state where they
could be sentenced to death. These provisions also apply to the expulsion
of aliens and stateless persons.
Paragraph 2 does not apply to persons guilty of acts of terrorism or
genocide.
Expulsion and extradition may be decided upon only by the Court of
Justice, on the request of the relevant state organ.
CHAPTER II: FUNDAMENTAL RIGHTS AND LIBERTIES
1. Human right to life is absolute and inviolable.
Capital punishment is forbidden in time of peace.
2. The right to personal security and individual liberty is guaranteed.
The liberty and physical integrity of the individual are inviolable.
No one shall be subjected to torture and to any inhuman or degrading
punishment or treatment.
The indictment, detention or imprisonment of a person, are allowed only
in cases explicitly established by law and under strict observance of the
legal procedure established to this purpose.
Preventive detention may last no longer than 24 hours.
A person can be arrested only under a legal warrant issued by
a Judge, and kept in provisional imprisonment only for a period of
maximum 30 days, unless the Court exceptionally approves to extend this
period.
The person arrested, or detained, shall be promptly notified, in the
language he is conversant with, of the grounds for his arrest or detention
and in shortest time of the charges against him, as well as of his right to
be assisted by a lawyer at his own choice.
The person arrested or detained shall be mandatorily released before
the expiry of the term, if the grounds for his arrest or detention ceased
to exist.
The person arrested may present his complaint about the legality of his
detention to the Judge, who is compelled to make a pronouncement within
24 hours, by a motivated ordinance. During the trial, the defendant or the
person under preventive detention may apply for his provisional release under
judiciary control or on bail.
Until the pronouncement of the sentence, the person shall be held
innocent.
The victim of an illegal detention or arrest has the right to reparations
of any moral or material damage suffered.
The Court shall decide upon such matters.
The right to defence is inviolable.
No one may be prevented to benefit of the assistance of a chosen lawyer,
during any stage of the trial proceedings.
Any law suit or trial proceedings shall be carried on in Romanian.
Everyone wishing to defend himself in his mother language has the right
to an interpreter. For criminal trials, the provision of an interpreter shall
be free of charge.
3. The right to free movement is protected.
Every citizen is guaranteed the right to move about and freely chose
his domicile or place of residence anywhere within the national territory, to
travel abroad or emigrate, and to return to his country.
The right under paragraph 1 may be restricted by law or on the grounds
of a law, only on account of the necessity to cope with a situation
endangering the Constitutional order, to prevent the risks of an epidemic, the
consequences of a natural disaster or other extremely serious calamity, as
well as to protect the under-aged against desertion or for the combat of an
offence or for the execution of a criminal court sentence.
4. Any natural person has the right to dispose of himself, if by this he
causes no infringement upon the order of the law, the rights and liberties of
other people, as well as upon public morals.
5. The public authorities shall protect the right to personal and
family privacy.
6. The home is inviolable. No one may enter or stay at the home or place
of residence of a person without his consent.
Derogations of the provisions under para. 1 may be accepted by law:
a) for the execution of a court sentence;
b) to remove any danger threatening the life, physical integrity or
assets of a person;
c) to defend the security of the State or public order;
d) to prevent the spread of an epidemic;
e) in any other cases which require defence against a common danger.
Searches may be ordered solely by a judge or any other competent organ
of the State, and may be carried on only under the terms laid down by the
law.
Searches shall be prohibited at night time, except in cases of flagrante
delicto.
7. The secrecy of communications of any kind - postal, telegraphic and
telephonic communications - is inviolable.
The violation of this secrecy, by opening, photocopying, destruction,
withhold or intentional delay in delivery of the mail shall be sanctioned
in accordance with the law.
The inviolability of the secrecy of communications may be restricted by
law only to prevent a danger concerning the security of the State or as
required by the proceedings of a criminal investigation.
8. Freedom of thought and opinion, freedom of religious beliefs are
total, and shall not be restricted by any means.
No one shall be discriminated against or persecuted on account of his
opinions and beliefs; everyone has the right to express them in public, in
so far as they are not contrary to