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- Draft Constitution of Romania 1991
-
- TITLE I:
-
- Fundamental Principles
-
- 1. Romania is a National State, sovereign, unitary and indivisible.
-
- The form of government of the Romanian State is the Republic.
-
- 2. The territory of Romania is inalienable.
-
- The frontiers of Romania are sanctioned by law.
-
- 3. National sovereignty belongs to the people. No group or individual may
- assume the exercise of its sovereignty on one's own behalf.
-
- The people exercises its power by its representative bodies and by
- referendum.
-
- The people's representative bodies shall be elected by universal vote in
- accordance with the provisions of the law.
-
- The organization and carrying on of referendums shall be established by law.
-
- 4. Romania is a democratic State, subject to the rule of law.
-
- Human dignity, the rights and liberties of the citizen, the free development
- of his personality, the Constitutional order, juridical equality, justice and
- political pluralism are supreme values; the public authorities shall respect and
- protect them.
-
- 5. No privilege shall be admitted to the benefit of one social
- group/category.
-
- The State shall demand and facilitate the mutual assistance and co-operation
- of all social groups and bodies, for the general welfare.
-
- 6. The State shall ensure:
-
- a) the guarantee of national sovereignty and territorial integrity;
-
- b) the observance of Constitutional order, human rights and citizens'
- liberties;
-
- c) the exploitation of natural resources in accordance with the national
- interest;
-
- d) the valuation of the creative and productive potential of all social
- forces;
-
- e) the development of culture and science; protection of the national
- cultural heritage;
-
- f) the protection of the environment and ecologic balance;
-
- g) the necessary conditions with a view to improving the quality of life, the
- social protection of the citizens;
-
- h) the promotion of free enterprise;
-
- i) the participation of all citizens in public life;
-
- j) the co-operation with other states, the consolidation of peace and the
- promotion of understanding amongst all the peoples of the world.
-
- 7. The State is based on the unity of the Romanian people, the common and
- indivisible homeland of its citizens, without any discrimination of race,
- ethnical origin, language, religion, sex, opinion and political allegiance,
- wealth or social origin.
-
- It acknowledges and guarantees the right to the preservation, development and
- expression of identity of all national minorities, in every field of the
- economic, political, cultural, religious, juridical and social life. Any
- discrimination shall be punished by law.
-
- The protective measures taken by the Romanian State to preserve the identity
- of the national minorities shall be in accordance with the principles of
- equality and non-discrimination pertaining to the other Romanian citizens.
-
- 8. In Romania, market economy is the framework for the free enterprise of
- all the participants in economic life.
-
- 9. The State shall protect property.
-
- Property shall be public or private. Public property belongs to the State or
- to its administrative-territorial units. The assets making the exclusive object
- of public property represent the public estate and shall be established by law.
-
- The public estate assets are inalienable; they may be granted as concessions
- or leased, on legal terms.
-
- 10. Political pluralism is a condition and guarantee of democracy in
- Romanian society.
-
- The creation of political parties and their activity shall be in accordance
- with the provisions of the law. They participate in the definition and
- expression of the political will of the citizens, while respecting the national
- sovereignty, the constitutional order and the principles of democracy.
-
- The only criterion underlying the constitution and recognition of political
- parties is the political one.
-
- Alternative to paragraph 3: to eliminate the text.
-
- 11. The creation of trade unions and the exercise of their activity shall be
- in accordance with the provisions of the law and their own regulations.
-
- They shall contribute to protecting the rights and promoting the professional
- interests of their members.
-
- 12. The constitution, the administration and the utilisation of the
- financial means of the State, as well as of the public institutions, shall be in
- accordance with the provisions of the Law on Public Finances.
-
- The income and expenditure necessary for the State activities shall be
- annually recorded in the State Budget; no budgetary expenditure shall be
- approved unless the financing source has been established.
-
- The State Budget, and its Annexes, drawn up in accordance with the law,
- together with the budgetary execution accounts, shall be annually submitted for
- approval to the Assembly of Deputies, on proposal of the government.
-
- The Budget of the Public Social Security system shall be established by the
- Government, distinctly from the State Budget, and shall be approved by the
- Assembly of Deputies along with the latter.
-
- The income and expenditure necessary for the Local Public Administration
- shall be recorded in their own budgets, to be drawn up and approved annually by
- the Local Councils in every administrative-territorial unit.
-
- Any duties, taxes, or other income to the State Budget shall be established
- only by law.
-
- To make up the income for the local budgets and to ensure local autonomy, the
- Local Councils may establish local duties and taxes in accordance with the
- provisions of the law.
-
- The management of executive activities in the field of Public Finances and
- the co-ordination of actions in the currency field are incumbent on the
- Government.
-
- The Court of Audit and other state institutions shall verify the
- administration of Public Finances in accordance with the provisions of the law.
-
- 13. The Armed Forces are exclusively in the service of the people and
- subordinate to its will.
-
- They shall guarantee the independence and unity of the State, its territorial
- integrity, and the Constitutional order.
-
- The military organization, the basic concept of national defence, the
- structure of the national defence system, and the Military statute, shall be
- regulated by law.
-
- The Supreme Council of National Defence is constituted, and functions, in
- accordance with the provisions of the law, in order to organize and provide a
- unitary co-ordination of the activities regarding national defence and security
- of the State.
-
- The activity of the Supreme Council of National Defence shall be under the
- control of the Parliament.
-
- In cases explicitely provided for by the law, the Supreme Council of National
- Defence may, for a limited period and with a pre-set purpose, decide upon the
- participation of the Armed Forces, together with the Police and other internal
- forces, in defending the constitutional order and protecting the fundamental
- rights and liberties of the citizens.
-
- 14. Romania maintains peaceful relations of co-operation and good
- neighbourhood with all the states, based on the principles of international law,
- with the purpose of respecting human dignity and the progress of mankind.
-
- 15. The Romanian State pledges to precisely respect its international
- commitments and to execute, in good faith, the treaties it has ratified.
-
- The international principles and regulations, unanimously agreed upon, and
- those following from the ratified treaties, in accordance with the law, are
- regarded as integral parts of the Internal law.
-
- 16. The Romanian citizenship expresses the belonging of one individual to
- the Romanian State. Citizenship may be acquired and lost in accordance with the
- provisions of the law.
-
- No Romanian citizen can be deprived of this quality.
-
- 17. The administrative-territorial units are the districts, towns and
- communes.
-
- Under the provisions of the law, some towns may be declared municipalities.
-
- The communes may be composed of several villages and hamlets.
-
- The number and extent of the administrative-territorial units shall be
- established by law.
-
- The organization and activity of the administrative-territorial units are
- based on the principles of administrative decentralisation and local autonomy.
-
- 18. Romanian is the official language of the State.
-
- Romania's flag consists of three equal vertical stripes: blue, yellow and
- red, in their succession from the flag pole.
-
- Its national anthem is "Awake, Romanians".
-
- The Arms and the Seal of the Romanian State shall be established by an
- organic law.
-
- The capital of Romania is Bucharest.
-
- 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
- state-less 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 explicitely 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 the constitutional order.
-
- Religious confessions are free. Their organisation and functioning shall be
- in accordance with their own statutes. They cannot be contrary to public order,
- security of the State and public morality.
-
- The Church is independent from the State, which is pledged to support the
- activity of the religious confessions, as prescribed by law.
-
- Parents or legal tutors have the right to provide for the minor's moral and
- religious education, the responsability of which devolvs upon them.
-
- The exercise of the freedom of conscience shall be permitted only in a
- climate of tolerance and mutual respect.
-
- 9. Freedom of expression and dissemination of thought, science and arts --
- by speech, in writing or in pictures, by sounds or through any other media --
- are inviolable. Any censorship thereof shall be prohibited. The freedom of
- expression shall not be prejudicial to the honour, privacy and the right to
- self-image of a person.
-
- The liability for the content of a creation made public is incumbent as
- follows, upon the author, the editor or the director, as well as upon the owner
- of the printing house or the producer of the artistic performance -- provided
- the former cannot be identified.
-
- Any defamation of the country and the nation, instigation to war, national,
- racial class or religious hatred, incitement to discrimination, public violence,
- national, ethnical and language exclusivism or separatism, as well as any
- indecent, obscene and immoral conduct shall be prohibited and punished by law.
-
- 10. The press is free, and shall not be censored in any way nor obstructed
- in its publication and free communication of ideas and opinions.
-
- The freedom of the press also implies the freedom to set up periodicals, in
- accordance with the provisions of the law.
-
- No publication shall be suspended or interdicted, unless it has broken the
- Constitutional order. The competent authority for the decision of suspension or
- interdiction of the publication lies with the Constitutional Council.
-
- The provisions of the article above shall apply accordingly.
-
- The law may compel the periodical press to make public its financing sources.
-
- 11. General compulsory education shall be established by law. High schools
- and vocational schools as well as higher education, shall be accessible to all
- citizens, in accordance with their abilities.
-
- Education of all grades shall be conducted in Romanian.
-
- Any person belonging to a national minority shall be guaranteed the right to
- learn his mother language or to be educated in this language, under the terms of
- the law, so as to enable its use -- if possible and necessary -- in the
- relations with the public authority, in accordance with the legislation in
- force.
-
- Education shall be free of charge except for the cases established by law.
-
- The institutions of education, including the private establishments, shall
- conduct their activity only according to the provisions of the law.
-
- The University autonomy is guaranteed.
-
- The State shall provide assistance by scholarships, to be granted by
- competitive examination only. The State shall also provide facilities for the
- institutions belonging to its own educational network.
-
- The special training for the handicapped persons shall enjoy adequate
- protection, provided under the terms of the law.
-
- The State shall guarantee the freedom of religious education, in accordance
- with the specific requirements of each religious confession. In the State
- schools, reglious education is optional.
-
- 12. Free access to information of any kind is guaranteed, under the terms of
- the law.
-
- Mass-media belonging to the State, except those pertaining to the Government,
- are independent of Public Administration.
-
- The State may not censor the activity of the mass media of political parties,
- of social bodies or private persons.
-
- Radio, TV and other audio-visual media of information must contribute to
- their social and cultural mission.
-
- The right to information shall infringe neither upon the protection of youth
- and childhood, nor upon the honour of the citizens.
-
- 13. The right to vote and to be elected is guaranteed.
-
- The voting shall be universal, equal, direct, secret and freely expressed.
-
- All Romanian citizens who have attained the age of 18 until the day of the
- elections shall have the right to vote.
-
- Mentally disabled or alienated laid under an interdiction, as well as
- convicts sentenced by a final court decision to be deprived of the electoral
- rights, cannot vote.
-
- The right to be elected belongs to all Romanian citizens with the right to
- vote, domiciled in Romania, with the exception of those who may not join a
- political party, in accordance with the provisions of the law.
-
- Eligibility to the Assembly of Deputies, local councils, or to a mayorhood is
- granted to candidates over 23 years of age, attained until the day of the
- elections.
-
- Eligibility to the Senate or to the Presidency of Romania is granted to
- candidates over 35 years of age, attained until the day of the elections.
-
- The electoral law regulates the conditions for the nomination of candidates,
- for the organization and helding of elections, as well as for establishing the
- electoral results.
-
- 14. Meeting of any kind, reunions, assemblies and demonstration marches are
- free.
-
- They may be held only in so far they are peaceful and without arms.
-
- The meetings and demonstrations in squares, public ways and other places in
- the open, may be restricted by law, for reasons regarding public order.
-
- 15. Romanian citizens have the right to freely associate, in accordance with
- the laws regulating the exercise of this right, to form political parties, trade
- unions or any other form of association.
-
- The very exercise of the right to association does not imply in itself the
- right to create a juridical person. The setting up of juridical persons shall
- be established solely by law.
-
- Forming of political parties is free. The parties which by their aims or
- activity militate against political pluralism, the Constitutional order or the
- integrity or independence of the State, as well as those founded exclusively on
- ethnical, religious or language criteria are non-constitutional. Only the
- Constitutional Council has the competence to decide upon this matter.
-
- To eliminate the ground for non-constitutionalism regarding "the parties
- founded exclusively on ethnical, religious or language criteria".
-
- Active members of the Armed Forces, magistrates, diplomats, policemen, the
- staff of the State-owned Radio-TV, other civil servants established by an
- organic law may not become members of a political party.
-
- 16. Citizens are guaranteed the freedom to chose their profession and
- working place.
-
- The minimum wage, the social assistance for unemployment, the measures of
- protection, labour safety and hygiene, as well as the specific regulations with
- regard to the labour protection of women and the youth, shall be established by
- law. The exercise of a profession shall also be regulated by law or on the
- grounds of a law.
-
- Maximum working day is 8 hours, except for the case there are other
- engagements established in private conventions.
-
- Forced labour is prohibited.
-
- The term "forced labour" does not include:
-
- a) any work normally required of an individual under detention or while
- released on parole;
-
- b) any services of military character or, in the case of the individuals
- refusing to pay the military service, any other service instead of the
- compulsory military one;
-
- c) any services required from citizens in the case of natural disasters or
- any other public danger;
-
- d) any work or service as a normal civic obligation established by law.
-
- 17. All workers have the right to paid weekends, leisure time at the end of
- each working-day and a paid annual leave.
-
- The mandatory duration of the weekend and the annual leave, as well as the
- limitation of a working-day under hard or extremely hard working conditions
- shall be established in accordance with the provisions of the law.
-
- 18. Citizens have the right to pensions, social assistance, medical care in
- health establishments of the State, paid leaves for maternity, aids for the
- deceased, and other measures of social protection, in accordance with the law.
-
- 19. The handicapped shall enjoy special protection. The State shall provide
- for a national preventive policy, as well as for a treatment for the
- rehabilitation and social integration of the disabled, without any infringement
- upon the rights and duties of their parents or tutors.
-
- 20. The workers, in a number established by law, who carry out their
- activity in the same unit, sub-unit or compartment, or those who exercise the
- same profession, or work, have the right to strike in order to protect their
- professional interests, with an economic and social content.
-
- The conditions for the employers' recourse to a strike, for its suspension
- and termination, as well as the branches and fields of economic-social
- activities where strikes are prohibited shall be regulated by law.
-
- The organization by trade unions of strikes aiming at political objects shall
- be strictly prohibited.
-
- 21. Property of any kind and inheritance rights, as well as the claims upon
- the State, shall be guaranteed. The content and limitation of these rights
- shall be established by law.
-
- No one may be deprived of his property, except on justified grounds of public
- utility against proper and fair compensation paid in advance, and agreed upon
- with the owner, or, as the case be, through order of the justice.
-
- Expropriations for public utility refer to the projects for the ways of
- communication, street alignement and widening, constructions and public energy
- network, building of dams and water-flow regulation, public sanitation,
- national defence and military objectives, as well as other exigencies of public
- interest related to the general direct requirements of the State and of the
- Public Administration.
-
- The procedure of expropriation shall be established by law.
-
- For such projects declared of general interest, the public authorities are
- entitled to use the basement of any real estate, with the obligation to pay
- compensation to its owner for the damages caused to the soil, to the plantations
- and to the constructions.
-
- The compensation shall be determined by mutual agreement with the owner, or,
- in case no agreement can be reached, by the order of justice.
-
- The right to property pledges to the respect of duties with regard to
- environmental protection, good neighbourhood, payment of taxes and the
- performance of any other duties incumbent upon the owner, in accordance with the
- law or the custom.
-
- No law may establish the measure of confiscation for any lawfully acquired
- estate. The proof of the illicit acquirement of the estate is incumbent upon
- the public authority.
-
- 22. The State shall take the necessary measures, by its policy of national
- economic development and social protection of the citizens, to ensure that the
- best conditions are created for a decent living, in accordance with the
- contribution of each citizen to the social-economic progress of the country.
-
- The law shall establish measures to ensure a healthy, balanced environment;
- the development of towns within the frame-work of modern town-planning; the
- healthy development of children; the reduction of sucklings' and infantile
- mortality; the profilaxy and treatment of diseases; the combat of epidemic
- diseases.
-
- Income taxes shall be established only by law and must ensure a fair
- distribution of taxes.
-
- 23. Children and youth shall enjoy the protection of law, to ensure adequate
- living conditions and education.
-
- Any form of discrimination as well as the economic and social explotation of
- children and youngsters shall be prohibited.
-
- Children and youngsters shall not be employed for jobs injurious to their
- health and morality or endangering their life or normal development.
-
- The employment of a child or youngster under the age of 14 for hired labour
- shall be prohibited.
-
- The law guarantees the right to education and information of the youth, as
- well as the free development of their associations.
-
- 24. Family is founded on the freely consented marriage of the spouses, their
- full equality, as well as the right and duty of the parents to provide the
- upbringing, education and instruction of their children.
-
- The conditions for contracting a marriage and dissolution thereof shall be
- established by law. Religious wedding is optional and may only be celebrated
- after the civil marriage.
-
- The State shall assist the family by public allowances for children, aids for
- mothers with many children or for the care of sick or disabled children, and
- other forms of social protection established by law.
-
- Children born outside wedlock are equal before the law with those born within
- wedlock.
-
- 25. Any person who considers himself wronged in his lawful rights by an
- administrative act, or by any unjustified refuse of an administrative authority
- to resolve his request with regard to this right, may appeal to the competent
- court of justice for the annulment of the act, recognition of his right and
- reparation for the damaged caused to him.
-
- As unjustified refuse to resolve a request with regard to a lawful right
- shall also be considered the default of making known the result to the
- petitioner within 30 days from the date of entry, unless a different term is
- prescribed by law.
-
- Exceptions from the exercise of this right, and the specific conditions for
- the solution of the application of a prejudiced person shall be determined by
- law.
-
- 26. Citizens have the right to apply in writing to the public authorities by
- signed petitions.
-
- A petition may be formulated only in the name of the person who signed.
-
- Legally constituted organizations have the right to make petitions on behalf
- of the collectively they represent.
-
- The exercise of the right of petition is tax-exempt.
-
- 27. Aliens or stateless persons pursued for their political beliefs may
- enjoy the right of asylum in Romania, except for the cases when granting this
- right would be contradictory to the Constitutional order of the country.
-
- Persons granted the right of asylum may not be extradited or expelled.
-
- The right of asylum may be withdrawn at any time.
-
- CHAPTER III: FUNDAMENTAL DUTIES
-
- 1. Faithfulness towards the country is sacred. The Constitution and the
- laws of the country are inviolable.
-
- Citizens charged with public functions, as well as the military, have the
- duty to faithfully fulfil the obligations they are bound to; and, to this
- purpose, to take the oath as requested by law.
-
- 2. Citizens have the right and duty to defend Romania.
-
- The military service for all Romanian male-citizens aged 20 is compulsory.
- To satisfy the compulsory military service, citizens may be summoned up to the
- age of 35 years.
-
- The law shall determine the military obligations, regulate the exemption from
- compulsory military service, as well as the duties of civilians in the event of
- great risk, catastrophe or natural calamity.
-
- 3. All citizens shall contribute to the public expenditure of the State, by
- taxes and duties in accordance with the law. Any other conscriptions to this
- effect shall be prohibited, except as determined by law and under exceptional
- circumstances only.
-
- 4. As holders of the Constitutional rights and liberties, citizens shall
- exercise them in good faith.
-
- CHAPTER IV: DEFENDER OF THE PEOPLE
-
- 1. To protect the rights and liberties of the citizens, the Senate shall
- appoint, for the duration of their term of office, one or several Defenders of
- the people, in accordance with the provisions of the law.
-
- Any citizen who considers himself wronged in his legitimate rights or
- interests, by acts or deeds of the administrative authorities, shall have the
- right to petition to the Defender of the people.
-
- The Defender of the people, without having the power of decision, shall
- notify the competent authority thereof, making the necessary recommendations for
- the elimination and prevention of any acts or deeds of injustice.
-
- 3. The activity of the Defender of the people is independent of the appeal
- and settlement of contentious claims in Administration, provided by law.
-
- The Defender of the people shall carry this activity with the assistance of
- one of the Senate's commissions, under the control of the Senate.
-
- 4. The Defender of the people shall annually report on his activity to the
- Parliament, and recommend legislative measures or of any other kind within the
- power of the Parliament, in order to defend the rights and liberties of the
- citizens.
-
- 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 of 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.
-
- Legislative proposals and amendments formulated by the members of Parliament,
- the adoption of which would lead to a diminishment of public resources, or to
- the creation or aggravation of public expenses, shall be admitted only after
- consulting the Government.
-
- 14. The Government issues draft bills to the Assembly of Deputies.
-
- Draft bills passed by the Assembly of Deputies shall be forwarded to the
- Senate.
-
- Legislative proposals shall be submitted for adoption in the House where they
- have been formulated or to which the people's initiative has been sent to, and
- shall be submitted to the other House, after its adoption.
-
- If the Parliament has been forwarded to both a draft bill, and a legislative
- proposal on the same matter, the debate thereof shall start with the draft bill.
-
- 15. In case one of the Houses has passed a draft bill or a legislative
- proposal with modifications as to the text passed by the other House, the
- Assembly of Deputies shall finally decide thereupon, by the vote of at least two
- thirds of the total number of Deputies, unless disagreements have been
- previously settled by means of a committee of mediation.
-
- Draft bills or legislative proposals rejected by one of the Houses shall no
- longer be submitted for debate to the other House.
-
- Upon request of the Government, the Parliament shall be compelled to debate
- some draft bills on an emergency procedure. This emergency procedure shall be
- established by the regulations of each House.
-
- In establishing the order of the day of both House priority shall be given to
- the debate of draft bills, in the order requested by the Government.
-
- 16. The passing of laws and decisions shall require the vote of at least
- half plus one of the total number of Senators or Deputies.
-
- Organic laws shall be passed by the vote of at least two thirds of the total
- number of Senators of Deputies.
-
- Laws shall be submitted for promulgation to the President of Romania, and
- shall be published in the Official Gazette.
-
- The absence of publicity entails the inexistance of the law.
-
- 17. Parliamentary debates shall be public, except for the cases when decided
- to hold a secret sitting. Members of the Government, which are not
- Parliamentarians, shall have access to the Parliamentary debates.
-
- 18. The Legislative Council of Romania shall be a consultative expert body,
- autonomous, supporting the Parliament and the Government in their drawing up
- normative acts, and ensuring the observance of the rules of the legislative
- technique, as well as the requirements for the systematization and unification
- of the legislation.
-
- It shall be compulsory to consult the Legislative Council for all legislative
- proposal, draft bills, as well as for the draft decisions and ordinances of the
- Government.
-
- In giving approvals, the Legislative Council makes pronouncements also upon
- the constitutionality of the draft bills approved.
-
- The Legislative Council provides official account of the legislation and
- publication of the collection of normative acts.
-
- The organization and functioning of the Legislative Council of Romania shall
- be established by law.
-
- CHAPTER II: THE PRESIDENT OF ROMANIA
-
- 1. The President of Romania shall represent the Romanian State in its
- international relations, being the guarantee of its national independence,
- territorial integrity and observance of international treaties.
-
- The President shall, by the exercise of its prerogatives, ensure the proper
- functioning of public authorities, and the application of the principles of
- democracy, freedom and human dignity, the inviolability and inalienability of
- fundamental human rights.
-
- 2. The President of Romania shall be elected by universal, equal, direct,
- free and secret suffrage, for a 5 years' term of office, from among the citizens
- with the right to be elected, who are over 35 years of age. The candidates to
- the Presidency shall have only Romanian citizenship.
-
- A person may be re-elected to the Presidency of Romania only once.
-
- 3. Once elected, the President of Romania may not be a member of a party or
- political organization. After confirmation of his election, he shall take the
- following oath before the Parliament:
-
- "I solemnly swear that I will bear true faith to the Romanian people, to its
- ideals of freedom and prosperity. I solemnly swear to observe the Constitution
- and the laws of the country, to defend democracy, fundamental human rights and
- liberties, the sovereignty and territorial integrity of Romania".
-
- 4. If the office of Presidency becomes vacant or if the President finds
- himself unable to exercise his prerogatives -- these circumstances being
- ascertained by the Constitutional Council -- the President of Senate shall
- exercise the ad-interim duties of the Presidency of Romania. In case the
- vacancy or disability to exercise his prerogative as President of Romania are
- final, the Government shall organize new elections within maximum 3 months.
-
- 5. The President of Romania may, in the case of serious offences against the
- provisions of the Constitution, be suspended from his office, with the consent
- of the Constitutional Council, by the joint vote of the absolute majority of the
- total number of Senators and Deputies.
-
- The proposal for suspension may be made by at least one third of the total
- number of Deputies, or as may be the case of the Senators.
-
- The President may be discharged only as the result of a referendum, held
- within maximum one month from date of his being suspended by the Parliament.
-
- 6. The President of Romania shall have the following main prerogatives:
-
- -- to appoint the Prime Minister, which shall be a Deputy or Senator
- nominated by the party or political organization having the majority in the
- Assembly of Deputies; in case no majority is attained, as Prime Minister shall
- be appointed another Deputy or Senator, resulting from the consultation of the
- Parliamentary Groups;
-
- -- to revoke or appoint the other members of the Government, on the proposal
- of the Prime Minister, in the case of governmental reshuffle or of vacancies;
-
- -- to preside over the sittings of the Government on matters of national
- interest with regard to foreign policy, the defence of the country, the
- ensurance of public order, as well as other instances, on the request of the
- Prime Minister;
-
- -- to submit annualy to the Parliament messages with regard to the main
- political problems of the nation;
-
- -- to return laws to the Parliament before their promulgation, to be
- reconsidered, but only once;
-
- -- to promulgate laws within 15 days from their passing by the Parliament;
-
- -- to submit to referendum, on the proposal of the Government, if the
- Parliament is in session, as well as on the proposal of both Houses, any draft
- bill concerning the main problems of the State policy; the promulgation of the
- laws adopted by a referendum shall be compulsory within the same 15 days'
- interval;
-
- -- to dissolve the Parliament, after consulting the Prime Minister and the
- President of both Houses; general elections shall be held within maximum 2
- months from the dissolution; during the same year, the Parliament may be
- dissolved only once;
-
- -- to conclude international treaties and submit them for ratification to the
- Parliament;
-
- -- to accredit and recall the diplomatic representatives of Romania;
-
- -- to receive the letters of accreditation of the diplomatic representatives
- from other states;
-
- -- to preside over the Supreme Council of National Defence;
-
- -- to declare a partial or general mobilization of the Army, with the
- previous approval of the Parliament; exceptionally, the decision of the
- President shall be submitted for approval to the Parliament within 5 days, at
- the most, from its making;
-
- -- to declare war in the case of a military aggression, effective or
- imminent, by acknowledging the Parliament of the measures he has taken by a
- message;
-
- -- to proclaim the state of seige or emergency in the whole country or only
- in some parts of it, while requesting the approval of the Parliament within 5
- days, at the most, from the adoption of these measures;
-
- -- to make promotions to the ranks of general, admiral and marshal;
-
- -- to grant pardon and to substitute a less severe form of punishment (to
- commute sentences);
-
- -- to grant decorations and titles of honour;
-
- -- to appoint three members to the Constitutional Council.
-
- 7. The President of Romania is the Head of the Army, the effective command
- of the Army being exercised by the Government, in accordance with the law.
-
- 8. In the exercise of his prerogatives, the President shall issue decrees,
- to be countersigned by the Prime Minister, except for the cases under exception.
-
- 9. The decrees which, according to the law, are not a secret of state, shall
- be published in the Official Gazette. The absence of publicity entails the
- inexistance of the decree that should have been published.
-
- CHAPTER III: ADMINISTRATIVE AUTHORITY
-
- Section 1: The Government and Central Institutions
-
- 1. The Government ensures -- at a national level, under the control of the
- Parliament and under the Constitutional provisions -- the setting forth and
- implementation of home and foreign policy, in accordance with its governmental
- programme.
-
- 2. The Government is made up of the Prime Minister, Ministers and other
- members established by law.
-
- Members of the Government can be any Romanian citizens domiciled in Romania,
- who have the exercise of their electoral rights.
-
- The membership of the Government is incompatible with the exercise of any
- other professional representation office of a national character, other public
- office, except for that of a Deputy or Senator, or another office or
- professional activity paid within the framework of a trade organization.
-
- The membership of the Government shall be vacant by dismissal, resignation or
- following the loss of electoral rights.
-
- 3. Within 5 days from his appointment, the Prime Minister shall submit to
- the Assembly of Deputies the composition and the programme of the Government,
- and request a vote of confidence.
-
- The failure to be granted the vote of confidence entails the obligation of
- the Prime Minister to present the resignation of his Government, within 5 days.
- The President of Romania shall appoint, within the next 5 days, the person to
- form the new Government.
-
- In case the Assembly of Deputies has not given its vote of confidence to the
- new Government, the Prime Minister shall present his resignation to the
- President of Romania within 10 days, unless the dissolution of the Parliament
- has been decided, in accordance with the Constitution.
-
- The resigning Government shall ensure the administration of public affairs
- until the constitution of a new Government.
-
- 4. Before assuming their office, the Prime Minister and the Ministers shall
- take an oath before the President of Romania as follows:
-
- "I solemny swear to serve in true faith the Romanian people, to observe the
- Constitution and the laws of the country."
-
- 5. The Prime Minister shall lead the Government, co-ordinate the activity of
- the Ministers, while observing the prerogatives incumbent upon them according to
- the law, and bear the responsability for its activity before the Parliament. In
- case the Prime Minister delegates, in accordance with the law, the exercise of
- some of his prerogatives to another member of the Government, the responsibility
- before the Parliament for the exercise thereof shall be upon the Prime Minister.
-
- In the event of the Prime Minister's impossibility to exercise his
- prerogatives, the President of Romania shall designate another member of the
- Government to warrant the office of the Prime Minister, but no longer than for
- 15 days.
-
- The provisions of the paragraph above also apply to the other members of the
- Government, accordingly.
-
- 6. The prerogatives of the Government shall be established only by law.
-
- 7. The Government shall adopt decisions, in the exercise of its own
- prerogatives and regulations for the application of the laws, when a specific
- provision thereon has been made by law.
-
- The decisions and regulations shall be issued only within the limits and
- under the terms established by law.
-
- In exceptional situations, the Government may issue, on the basis of a
- capacitating law, adopted by a majority of two thirds in each House and only for
- the duration established by this law, ordinances in fields reserved to the law,
- in accordance with the Constitution; the ordinances shall come into force at the
- date of their publication, yet they become ineffective unless the draft bill of
- ratification has been submitted to the Parliament prior to the date set forth by
- the capacitating law.
-
- After the expiration of the term provided in the paragraph above, ordinances
- in the fields reserved to the law may be modified only by law.
-
- Decisions, regulations and ordinances adopted by the Government shall be
- signed by the Prime Minister, countersigned by the Ministers who are compelled
- to put them into execution, and published in the Official Gazette. The absence
- of publication entails the inexistence of the bill, except for the decisions
- which, according to the law, are a secret of state.
-
- 8. The Assembly of Deputies may engage the liability of the Government, by a
- motion of censorship. The motion of censorship may be tabled by at least one
- fourth of the total number of Deputies or by the Senat, and shall contain a
- proposal for a candidate to the office of Prime Minister.
-
- The voting of the motion of censorship may be held only two days after its
- being tabled and acknowledged to the Government.
-
- The motion of censorship shall be approved by the open vote of half plus one
- of the total number of Deputies, within two days from the expiration of the term
- established in the paragraph above.
-
- The adoption of the motion entails the obligation of the Prime Minister to
- present the resignation of the Government to the President of Romania, within
- three days.
-
- In the event the motion of censorship has been rejected, the Deputies who
- signed it or the Senate may not lay down a new motion, during the same session,
- except for the case the Government requests a motion of confidence.
-
- 9. The Prime Minister may request to the Assembly of Deputies the adoption
- of a motion of confidence with regard to the policy of the Government, to engage
- its liability upon a programme and a declaration of general policy, or upon a
- draft bill. In this case, the programme, the declaration of general policy or
- the draft bill shall be considered as adopted, unless within the next two days
- from the engagement of the Government's liability the Deputies have tabled a
- motion of censorship, in accordance with article 8.
-
- The Government may accept amendments to the draft bill presented, provided
- these have been tabled within the term provided for under paragraph 1.
-
- If the motion of censorship has been rejected, the programme, the declaration
- of general policy of the draft bill shall be considered as adopted.
-
- 10. The members of the Government shall hold joint and severe liability for
- the activity of the Government, and the decisions, regulations, ordinances or
- measures adopted by it. Each member of the Government is also liable for his
- own activity.
-
- The Government, on the whole, and each of its members are liable for the
- fulfilment of their prerogatives before the Parliament, according to the
- provisions of the Constitution and the rules of procedure of each House.
-
- 11. The Assembly of Deputies and the Senate, as well as the President of
- Romania, have the right to demand the criminal pursuit of the Ministers, and
- their trial before the Supreme Court of Justice, for offences relating to the
- exercise of their functions.
-
- The law of Ministerial responsability shall determine the cases of liability
- and the punishments applicable to the members of the Government.
-
- 12. The ministries and the other central institutions shall be organized, in
- accordance with the law, so as to ensure the proper functioning and impartiality
- of public administration.
-
- Section 2: Local Institutions
-
- 1. Public Administration at the level of districts and the city of Bucharest
- shall be carried out by the district council, and by the City council,
- respectively; at the level of municipalities, the sectors of the city of
- Bucharest, towns, and communes -- by local and mayors' councils.
-
- The district councils, the City council, the councils of municipalities,
- towns and communes, as well as the mayors shall be elected by universal, equal,
- direct, free and secret suffrage, under the provisions of the law.
-
- 2. Each local council, in the administrative-territorial unit where it
- functions, shall:
-
- -- approve local budget and the exercise account thereof; local loans may
- only be contracted if the resources for their return are ensured;
-
- -- establish local taxes and duties;
-
- -- provide for proper functioning of institutions, the ensurance of services
- and works of local interest, such as public schools, health establishments,
- common transport, communal husbandry, public libraries and museums etc.;
-
- -- provide for a modern town-planning, under observance of local tradition;
-
- -- be liable for the administration of the public domain in communes, towns,
- municipalities or districts, and exercise the rights established by law with
- regard to the autonomy management-units set forth by it;
-
- -- provide the services of legal status (birth, marriage, death), ward
- authority, commercial inspection, and other public-services specific to the
- local autonomy;
-
- -- take measures for the environmental protection and improvement of the
- living conditions of local communities;
-
- -- perform any other duty established by law.
-
- 3. The funds required for local councils shall be made up out of own
- revenue. Subventions shall be alloted, in accordance with the law on the State
- Budget, only under terms approved by the Parliament.
-
- The commercial companies and autonomous -- management units shall contribute,
- depending on the nature of the activity carried on locally and in acordance with
- the provisions of the law, to the constitution of funds for the local
- development.
-
- 4. For carrying out any works of public interest, local councils may join
- together or with economic organizations, domestic or from abroad, in
- partnerships. Local councils may also establish co-operation relations with the
- local authorities from foreign countries.
-
- 5. The Government shall appoint a prefect in each district and to the City
- of Bucharest.
-
- As a representative of the Government, the prefect shall watch over the local
- council activity being conducted in accordance with the law.
-
- The prefect shall be the chief of public services of the ministeries and
- other governmental bodies, decentralised in the administrative-territorial
- units.
-
- 6. There shall be no subordination between local councils and the prefect.
-
- The prefect may suspend application of an administrative act issued by a
- local authority. This measure of suspension may be attacked before the
- administrative contention department of the District Court.
-
- 7. The organization and functioning of local councils, as well as further
- provisions for the implementation of local autonomy shall be established by law.
-
- CHAPTER IV: JUDICIAL AUTHORITY
- Section I: Courts of Justice
-
- 1. In Romania, justice is exercised on behalf of the people.
-
- The judicial authority has its own prerogatives, which shall be independently
- exercised by the Courts, in conformity with the Constitution and the laws of the
- country.
-
- 2. The exercise of justice lies within the competence of the Courts,
- District Courts, Courts of Appeal, and the Supreme Court of Justice.
-
- The organization of Courts, the competence thereof and the judicial
- proceedings shall be established by law.
-
- The setting up of courts of exception shall be prohibited, except for the
- military ones in time of war. Courts of justice on special matters may be set
- up only by law.
-
- 3. In the discharge of their duties, judges shall be independent and subject
- only to law.
-
- Judges, except for those being on probation, shall be appointed in office by
- the President of Romania, on the proposal of the Supreme Council of the
- Judiciary.
-
- Incompatibilities of the judges shall be established by law.
-
- 4. Judges shall be irremovable, under the terms laid down by the law.
-
- 5. Any litigation shall be settled in court hearings open to the public,
- with the exception of those provided for in the law.
-
- 6. Judicial proceedings shall be conducted in Romanian.
-
- For the parties failing to understand the language in which the judicial
- proceedings are being held, provision shall be made that they may take
- cognizance of all acts and deeds in the trial brief, and that they may exercise
- their right to speak before the Court and have the pleadings translated by an
- interpreted.
-
- In administrative-territorial units inhabited by a population other than
- Romanian, the use of their mother-language shall be provided for, under the
- terms of the law.
-
- 7. The Judicial authority shall dispose of its own police.
-
- 8. The State is patrimonially liable for the damages caused by judicial
- errors in criminal cases, in accordance with the law.
-
- Section 2: The Office of the Public Prosecutor
-
- 1. In the judicial activity, the Office of the Public Prosecutor shall
- represent the general interests of society and public order.
-
- 2. The Office of the Public Prosecutor shall exercise its prerogatives by
- prosecutors, through its own agencies, attached to each Court of Justice, as
- prescribed by the law on judiciary organization.
-
- 3. Prosecutors shall discharge their duties under hierarchical dependency
- and control, and under the authority of the Minister of Justice.
-
- Section 3: Superior Council of the Judiciary
-
- 1. The Superior Council of the Judiciary shall consist of Magistrates,
- Deputies and Senators, appointed in accordance with the provisions of the law.
-
- 2. The proceedings of the Superior Council of the Judiciary shall be
- presided over by the Minister of Justice.
-
- 3. The Superior Council of the Judiciary makes proposals to the President of
- Romania for the appointment of judges and, as provided for by the law, of
- prosecutors, except for those on probation.
-
- 4. The Superior Council of the Judiciary shall be consulted in connection
- with granting pardons and commuting punishments.
-
- 5. The Superior Council of the Judiciary shall discharge, as provided for by
- the law, the duty of a disciplinary council for the judges, in which case the
- debates shall be presided over by the first President of the Supreme Court of
- Justice.
-
- The Minister of Justice shall not participate in the debates of the
- disciplinary council.
-
- TITLE IV:
-
- Constitutional Council
-
- 1. The Constitutional Council consists of nine members, designated for a
- term of office of nine years that cannot be renewed. Three members shall be
- appointed by the Assembly of Deputies, other three by the Senate, and three by
- the President of Romania.
-
- The members of the Constitutional Council shall elect their President for a 3
- years' term, who shall cast his vote if the votes are equally divided.
-
- 2. The members of the Constitutional Council shall be appointed from among
- jurists of high professional competence and at least 15 years' experience in the
- exercise of their profession or as University professors.
-
- 3. The Constitutional Council shall renew one third of its composition every
- three years, in accordance with the provisions of the law.
-
- 4. The membership in the Constitutional Council is incompatible with the
- office of a member of Parliament, Minister, magistrate, civil servant, member of
- a political party or leadership of a trade union. Other incompatibilities shall
- be established by an organic law with regard to the organization and functioning
- of the Constitutional Council.
-
- 5. Members of the Constitutional Council shall be independent and
- irremovable during their term of office.
-
- 6. The Constitutional Council shall have the following main prerogatives:
-
- a) to make pronouncements, ex officio or on notification upon the
- constitutionality of the laws and ordinances issued by the Government on the
- ground of legislative delegation.
-
- The notification to the Constitutional Council shall be made by the President
- of Romania, by the President of each House of the Parliament, by the Government,
- the Supreme Court of Justice, one or several Parliamentary Groups, a number of
- at least 50 Deputies or 25 Senators.
-
- The decision of the Constitutional Council shall be communicated to the body
- that has issued the act. It shall be compulsory and final.
-
- b) to make pronouncements, ex officio and obligatorily, upon the
- constitutionality of organic laws, before the promulgation thereof. The
- decision of the Constitutional Council shall be compulsory and final;
-
- c) to make pronouncements, ex officio and obligatorily, upon the
- constitutionality of the rules of procedure of the Parliament Houses. The
- decision of the Constitutional Council shall be compulsory and final;
-
- d) to watch over the observance of the procedure for the election of the
- President of Romania and to confirm the results of the elections;
-
- e) to confirm the circumstances to justify the ad-interim exercise of the
- Presidency of Romania by the President of the Senate;
-
- f) to watch over the observance of the procedure for the organization and
- holding of a referendum, and to finelly confirm the results thereof;
-
- g) to decide, in the case of any contest, on the election of Deputies and
- Senators;
-
- h) to decide on contests as to the unconstitutionality of a political party;
-
- i) to decide on the matter of a competence conflict between central
- authorities, or between them and local authorities;
-
- j) to perform any other duties provided for in the Constitution or the
- organic laws.
-
- TITLE V:
-
- Revision of the Constitution
-
- 1. The initiative of revision of the Constitution belongs to the President
- of Romania, on the proposal of the Government, of a number of at least 50
- Deputies or 25 Senators, of the Constitutional Council, as well as of a number
- of at least 300,000 citizens with the right to vote.
-
- The draft or proposal of revision shall be adopted by the Parliament, on a
- joint sitting of both Houses, with a majority of at least two thirds of the
- total number of the members of Parliament.
-
- The revision shall be final after its passing by a referendum, held within 30
- days, at the most, from the date the draft or proposal of revision has been
- adopted by the Parliament.
-
- 2. The provisions of the present Constitution with regard to the unitary
- structure of the State, its territorial integrity, the democratic form of
- government, the independence of justice, political pluralism, the restriction of
- fundamental citizens' rights and the guarantee thereof shall not make the object
- of any revision.
-
- 3. No proposal of revision shall be accepted or debated upon for the
- duration of a state of siege or emergency.
-
- TITLE VI:
-
- Final and Transitory Provisions
-
- 1. The Constitution of August 21, 1965 shall be annulled on the day this
- Constitution comes into force.
-
- Laws and any other normative acts shall remain in force in so far they are
- not contradictory to this Constitution.
-
- 2. The institutions of the Republic existing on the date of coming into
- force of this Constitution shall remain in operation until the setting up of the
- new institutions. The Assembly of Deputies and the Senate shall carry on their
- activity in accordance with their own rules of procedure and other regulations
- with regard to the functioning of the Parliament and the statute of
- Parliamentarians, in force at the date of adoption of this Constitution.
-
- 3. Within six months from the coming into force of this Constitution, the
- Constitutional Council, the Superior Council of the Judiciary, and the Court of
- Audit shall be set up; a new law on the judiciary organization, the law with
- regard to the statute of the Defender of the people shall be passed and local
- elections shall be held.
-
- 4. The Legislative Council shall examine, within 12 months from the date of
- its setting up, the conformity of the legislation in force with this
- Constitution ,and shall accordingly make proposals to the Assembly of Deputies.
-
- 5. This Constitution shall come into force after its adoption by a
- referendum. The referendum shall take place within 30 days from the passing of
- the Draft Constitution by the Constituent Assembly.
-
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