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$Unique_ID{bob00471}
$Pretitle{}
$Title{Romania
Title III: Public Authorities}
$Subtitle{}
$Author{Romanian Embassy, Washington DC}
$Affiliation{Romanian Embassy, Washington DC}
$Subject{government
law
romania
council
deputies
parliament
president
local
minister
organization}
$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 III: Public Authorities
CHAPTER I: THE PARLIAMENT
1. The Parliament of Romania is the supreme representative body of the
Romanian people, and the only legislative power of the State.
2. The Parliament of Romania consists of the Assembly of Deputies and
the Senate.
3. The Assembly of Deputies is composed of Deputies elected by
universal, free, equal, direct and secret suffrage, under the terms
established in the electoral law.
The mandate of the Assembly of Deputies is for 4 years.
4. The Senate is composed of Senators nominated by indirect suffrage
by the Councils of local communities.
Variant 1
The Senate is composed of Senators elected by universal, free, equal,
direct and secret suffrage in a uninominal ballot.
Variant 2
The Senate is composed of Senators elected by indirect suffrage by the
Councils of local communities, as well as of Senators by right.
Senators by right are:
- representatives of the confessions, under the terms established in
the electoral law;
- the President of the Romanian Academy;
- ex-Presidents of the legislative bodies, for the duration of one
mandate only;
- three representatives of the Army, nominated by the Supreme Council of
National Defence, who shall be independent in the exercise of their mandate;
- one representative of each national minority organization not elected
to Parliament, under the terms established in the electoral law.
The mandate of the Senate is for 4 years.
5. The rights and duties of the members of Parliament, as well as their
incompatibilities shall be established by an organic law.
6. The law is the normative act passed by the Parliament or by a
referendum.
The following may be regulated only by law;
- the rights and duties of the citizens and the guarantee thereof;
- the statute of the Defender of the people;
- the electoral system;
- the organization and holding of referendums;
- the organization and functioning of the Constitutional Council;
- the organization of the Government, as well as of the Central and Local
organs of the State Administration;
- the organization and functioning of political parties;
- the organization of the Armed Forces and national defence;
- the organization and functioning of the Supreme Council of National
Defence;
- the rules of the states of siege and emergency;
- the criminal cases and rules of criminal proceedings, as well as the
execution of sentences;
- the granting of amnesty;
- the setting up, organization and functioning of the Judiciary Courts;
- the organization and functioning of the Supreme Council of the
Judiciary;
- the organization and functioning of the Office of the Public
Prosecutor;
- the acquisition and loss of the Romanian citizenship:
- the statute and abilities of natural and juridical persons;
- the general system of taxation;
- emission of currency;
- the organization and functioning of the Court of Audit;
- the regime of property, other real rights, inheritance, civil and
trade obligations, family relations, as well as the rules of civil procedure;
- general regulations as to the labour relations, trade unions and social
security;
- general regulations on the organization of the education;
- administrative territorial organization and local autonomy;
- the statute of civil servants, the administrative contention and
general rules of administrative procedure;
- the settlement of the territorial sea limits and the exclusive economic
area.
The Parliament may regulate by law any other fields than those mentioned
above.
7. The Parliament of Romania performs the following main prerogatives:
- establishes the guidelines of home and foreign policy of the State and
controls the fulfilling thereof;
- ratifies and denounces international treaties implying any modification
of laws;
- declares a general or partial mobilization;
- declares the state of war, as well as the suspension of military
hostilities;
- decides on conclusion of an armistice and disposes the cessation of a
state of conflict, ratifies peace treaties;
- decides on suspending the President of Romania from his office, as well
as on holding a referendum with regard to his discharge from office;
- approves the legislative delegation;
- exerts control on the activity of the Supreme Council of National
Defence.
8. The Assembly of Deputies also performs the following prerogatives of
its own:
- adopts the Budget and the concluding account of the budgetary exercise;
- approves the composition and programme of the Government, upon proposal
of the Prime Minister, by giving its vote of confidence;
- adopts a motion of censorship;
- hears the annual report of the Court of Audit;
- establishes permanent or temporary committees, and the organization
and functioning thereof;
- makes up special committees of investigation;
- nominates three members to the Constitutional Council;
- nominates Deputies to be members of the Supreme Council of the
Judiciary.
9. The Senate also performs the following prerogatives of its own:
- ratifies and denounces international treaties which do not imply and
modification of laws;
- nominates the Defenders of the people and exerts control of their
activity;
- nominates, upon proposal of the President of Romania, the director of
the Romanian Intelligence Service and controls the activity of this Service;
- establishes permanent or temporary committees, and the organization and
functioning thereof; makes up special committees of investigation;
- nominates three members to the Constitutional Council;
- nominates the Senators to be members of the Supreme Council of the
Judiciary.
10. The Assembly of Deputies and the Senate shall meet on two annual
ordinary sessions.
The President of Romania shall call together the Assembly of Deputies
and the Senate on ordinary sessions.
Variant to paragraph 2:
Calling together the Assembly of Deputies and the Senate on ordinary
sessions shall be made by the Presidents thereof.
The Assembly of Deputies and the Senate may meet on extraordinary
sessions upon request of the President of Romania, of the Prime Minister, of
the Bureaus of both Houses or of at least one third of the total number of
Deputies and Senators, for an order of the day established on the occasion of
their calling together.
11. The organization of the activity of each House, and its functioning
shall be established by its own regulation.
The proceedings of each House shall be presided over by a Bureau, elected
for the duration of a session. The Presidents of the Houses shall be elected
for the duration of a term of office.
12. Deputies and Senators may make up Parliamentary Groups, in accordance
with the regulations of each House.
13. The right to legislative initiative belongs to the Government.
Deputies and Senators may, on behalf of their Parliamentary Groups or
individually, make legislative proposals, which are to be sent to the
Government before tabling them for debates. The same applies to the proposals
made by at least 100,000 citizens with the right to vote.
L