constitutia romaniein in engleza

8/10/2019 Constitutia Romaniein in engleza

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THE CONSTITUTION OF ROMANIA WAS ADOPTED IN THE CONSTITUENT

ASSEMBLY SESSIONOF NOVEMBER 21, 1991

AND ENTERED INTO FORCE PURSUANTTO ITS APPROVAL BY THE NATIONALREFERENDUM OF DECEMBER 8, 1991


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CONTENTS

TITLE IGeneral principles ................................................................... 183

TITLE IIFundamental rights, freedoms and duties ........................ 188

CHAPTER ICommon provisions ..................................................................................... 188

CHAPTER IIFundamental rights and freedoms........................................................... 191

CHAPTER IIIFundamental duties ..................................................................................... 208

CHAPTER IV Advocate of the People ................................................................................ 210

TITLE IIIPublic authorities..................................................................... 211

CHAPTER IParliament ..................................................................................... 211

SECTION 1Organization and functioning ................................................................................. 211SECTION 2 Status of Deputies and Senators............................................................................. 216SECTION 3 Legislation .................................................................................................................... 219

CHAPTER IIThe President of Romania.......................................................................... 224

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CONSTITUTION OF ROMANIA

TITLE IGeneral principles

A rticle 1Romanian State (1) Romania is a sovereign, inde-

pendent, unitary and indivisibleNational State.

(2) The form of government of the Romanian State is a Republic.

(3) Romania is a democratic andsocial State governed by the rule of law, in which human dignity, thecitizens rights and freedoms, thefree development of human per-sonality, justice and political plu-ralism represent supreme valuesand shall be guaranteed.

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Article 2Sovereig nty (1) National sovereignty resides

with the Romanian people,who shallexercise it through its representativebodies and by referendum.

(2) No group or person may exer-cise sovereignty in ones own name.

Ar ticle 3Territory (1) The territory of Romania is

inalienable.(2) The frontiers of the Country are sanctioned by an organic law,under observance of the principlesand other generally recognized reg-ulations of international law.

(3) The territory is organized

administratively into communes,towns and counties. Some towns aredeclared municipalities, according to the provisions of the law.

(4) No foreign populations may be displaced or colonized on the ter-ritory of the Romanian State.

Article 4Unity (1) The State foundation is laid onof the people the unity of the Romanian people.and equality (2) Romania is the common andamong indivisible homeland of all its citizens,citizens without any discrimination on

account of race, nationality, ethnic ori-

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gin, language, religion, sex, opinion,political adherence, property or socialorigin.

A rticle 5Citizenship (1) Romanian citizenship can be

acquired, retained or lost as provid-ed by the organic law.

(2) Romanian citizenship cannotbe withdrawn if acquired by birth.

Article 6Right to ident it y (1) The State recognizes and

guarantees the right of personsbelonging to national minorities tothe preservation, development andexpression of their ethnic, cultural,

linguistic and religious identity.(2) The protection measurestaken by the Romanian State for thepreservation, development andexpression of identity of the personsbelonging to national minorities shallconform to the principles of equali-

ty and non-discrimination in relationto the other Romanian citizens.

A rticle 7Romanians The State shall support theliv ing abroad strengthening of links with the

Romanians living abroad and shall

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act accordingly for the preservation,development and expression of their ethnic, cultural, linguistic andreligious identity, under observanceof the legislation of the State of

which they are citizens.

Ar ticle 8Pluralism (1) Pluralism in the Romanianand political society is a condition and guaranteeparties of Constitutional democracy.

(2) Political parties shall be con-stituted and shall pursue their activ-ities in accordance with the law.They contribute to the definitionand expression of the political will

of the citizens, while observing national sovereignty, territorialintegrity, the legal order and theprinciples of democracy.

Ar ticle 9Trade unions Trade unions shall be constitut-

ed and shall pursue their activities inaccordance with their own statutes,as provided by law. They shall con-tribute to the defence of the rightsand promotion of the professional,economic and social interests of theemployees.

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Article14

Capital The Capital of Romania is the

Municipality of Bucharest.

TITLE IIFundamental rights, freedoms

and dutiesCHAPTER I

Common provisions

Article 15

Universality (1) All citizens enjoy the rightsand freedoms granted to them by the Constitution and other laws, andhave the duties laid down thereby.

(2) The law acts only for thefuture, with the exception of themore favourable criminal law.

Article 16

Equality (1) Citizens are equal before theof rights law and public authorities, without

any privilege or discrimination.(2) No one is above the law.

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(3) Access to a public office ordignity, civil or military, is grantedto persons whose citizenship is only and exclusively Romanian, and

whose domicile is in Romania.

A rticle 17Romanian Romanian citizens while abroadcitizens while shall enjoy the protection of theabroad

Romanian State and shall be boundto fulfil their duties, with the excep-tion of those incompatible withtheir absence from the country.

A rticle 18 Aliens and (1) Aliens and stateless persons

stateless living in Romania shall enjoy gen-eralpersons protection of persons and assets, as

guaranteed by the Constitution andother laws.

(2) The right of asylum shall begranted and withdrawn under theprovisions of the law, in compliance

with the international treaties andconventions Romania is a party to.

A rticle 19Extradition (1) No Romanian citizen shall beand expulsion extradited or expelled from Romania.

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(2) Aliens and stateless personsmay be extradited only in compli-ance with an international conven-tion or in terms of reciprocity.

(3) Expulsion or extradition shallbe ruled by the Court.

Article 20International (1) Constitutional provisionshuman rights concerning the citizens rights andtreaties liberties shall be interpreted and

enforced in conformity with theUniversal Declaration of HumanRights, with the covenants andother treaties Romania is a party to.

(2) Where any inconsistenciesexist between the covenants and

treaties on fundamental humanrights Romania is a party to, andinternal laws, the international reg-ulations shall take precedence.

Article 21Free access (1) Every person is entitled to

to justice bring cases before the courts for thedefence of his legitimate rights, lib-erties and interests.

(2) The exercise of this rightshall not be restricted by any law.

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CHAPTER IIFundamental rights and freedoms

A rticle 22Right to life, (1) The right to life, as well as theto physical right to physical and mental integri-

ty and mental of person are guaranteed.integrity (2) No one shall be subjected to

torture or to any kind of inhuman

or degrading punishment or treat-ment.(3) The death penalty is prohibit-

ed.

A rticle 23Individual (1) Individual freedom and se-

freedom curity of person are inviolable.(2) Search, detainment, or arrestof a person shall be permitted only in the cases and under the proce-dure provided by law.

(3) Detention shall not exceedtwenty-four hours.

(4) Arrest shall be made undera warrant issued by a magistrate, fora maximum period of thirty days.The person arrested may lodge acomplaint to the court about thelegality of the warrant, and the judgeis bound to make a pronouncementby a motivated decision. The period

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of arrest shall be extended only by a decision of the court.

(5) Any person detained orarrested shal l be promptly informed, in a language he under-stands, of the grounds for his deten-tion or arrest, and notified of thecharges against him, as soon as prac-ticable; the notification of thecharges shall be made only in the

presence of a lawyer of his ownchoosing or appointed ex officio.(6) The release of the person

detained or arrested shall be obligato-ry, if the grounds for his detention orarrest have ceased to exist.

(7) A person under preventivecustody shall have the right to apply for provisional release, under judi-cial control or on bail.

(8) Any person shall be pre-sumed innocent till found guilty by a final decision of the court.

(9) Penalties shall be establishedor applied only in accordance with

and on the grounds of the law. Article 24

Right (1) The right to defence isto defence guaranteed.

(2) All throughout the trial, theparties shall have the right to be

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(2) Derogation from provisionsunder paragraph (1) is permissible by law, in the following circumstances:

a) for carrying into execution a warrant for arrest or a court sen-tence;

b) to remove any danger againstthe life, physical integrity or assetsof a person;

c) to defend national security or

public order;d) to prevent the spread of anepidemic.

(3) Searches shall be orderedonly by a magistrate and carried outexclusively under observance of thelegal procedure.

(4) Searches at night time shallbe prohibited, except in cases of fla- grante delicto.

Article 28Secrecy of Secrecy of the letters, telegramscorrespondence and other postal communications,

of telephone conversations, and of

any other legal means of commu-nication is inviolable.

Article 29Freedom (1) Freedom of thought, opinion,of conscience and religious beliefs shall not be

restricted in any form whatsoever.

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No one shall be compelled toembrace an opinion or religion con-trary to his own convictions.

(2) Freedom of conscience isguaranteed; it must be manifestedin a spirit of tolerance and mutualrespect.

(3) All religions shall be free andorganized in accordance with theirown statutes, under the terms laid

down by law.(4) Any forms, means, acts oractions of religious enmity shall beprohibited in the relationshipsamong the cults.

(5) Religious cults shall beautonomous from the State and shallenjoy support from it, including thefacilitation of religious assistance inthe army, in hospitals, prisons,homes and orphanages.

(6) Parents or legal tutors havethe right to ensure, in accordance withtheir own convictions, the educationof the minor children whose respon-

sibility devolves on them. A rticle 30

Freedom (1) Freedom of expression ofof expression thoughts, opinions, or beliefs, and

freedom of any creation, by words,in writing, in pictures, by sounds or

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other means of communication inpublic are inviolable.

(2) Any censorship shall be pro-hibited.

(3) Freedom of the press alsoinvolves the free setting up of pub-lications.

(4) No publication shall be sup-pressed.

(5) The law may impose upon

the mass media the obligation tomake public their financing source.(6) Freedom of expression shall

not be prejudicial to the dignity,honour, privacy of person, and tothe right to ones own image.

(7) Any defamation of the coun-try and the nation, any instigationto a war of aggression, to national,racial, class or religious hatred, any incitement to discrimination, terri-torial separatism, or public violence,as well as any obscene conduct con-trary to morality shall be prohibit-ed by law.

(8) Civil liability for any infor-mation or creation made public fallsupon the publisher or producer, theauthor, the producer of the artisticperformance, the owner of the copy-ing facilities, radio or television sta-tion, under the terms laid down by

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law. Indictable offences of the press

shall be established by law.

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Article 31Right to (1) A persons right of access toinformation any information of public interest

shall not be restricted.(2) The public authori t ies,

according to their competence, shallbe bound to provide for correctinformation of the citizens in pub-lic affairs and matters of personalinterest.

(3) The right to informationshall not be prejudicial to the pro-tection of the young or to nationalsecurity.

(4) Public and private mediashall be bound to provide correctinformation to the public opinion.

(5) Public radio and televisionservices shall be autonomous. They must guarantee for any importantsocial and political group the exer-cise of the right to be on the air.The organization of these servicesand the parliamentary control overtheir activity shall be regulated by

an organic law. Article 32

Right (1) The right to education isto education provided for by the compulsory

general education, by education in

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high schools and vocational schools,by higher education, as well as otherforms of instruction and post-grad-uate refresher courses.

(2) Education of all grades shallbe in Romanian. Education may also be conducted in a foreign lan-guage of international use, underthe terms laid down by law.

(3) The right of persons belong-ing to national minorities to learntheir mother tongue, and their rightto be educated in this language areguaranteed; the ways to exercisethese rights shall be regulated by law.

(4) Public education shall be

free, according to the law.(5) Educational establishments,including private institutions shall beset up and conduct their activity according to the provisions of the law.

(6) The autonomy of theUniversities is guaranteed.

(7) The State shall ensure thefreedom of religious education, inaccordance with the specificrequirements of each religious cult.In public schools, religious educa-tion is organized and guaranteed by law.

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independence of Romania shall beunconstitutional.

(3) Judges of the ConstitutionalCourt, the advocates of the people,magistrates, active members of the

Armed Forces, policemen and othercategories of civil servants, estab-lished by an organic law, shall not

join political parties.(4) Secret associations are pro-

hibited.

Article 38Labour and (1) The right to work cannot besocial restricted. Everyone has the freeprotection choice of profession and workplace.

of labour (2) All employees have the rightto social protection of labour. Theprotection measures concern safety and hygiene of work, working con-ditions for women and the young,the setting up of a minimum wage

per economy, weekends, paid annu-al holiday, work carried out underhard conditions, as well as other spe-cific situations.

(3) The normal duration of a working day is of maximum eighthours, on the average.

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(4) On equal work with men, women shall get equal wages.

(5) The right to collective labourbargaining and the binding force of collective agreements shall be guar-anteed.

A rticle 39Prohibition (1) Forced labour is prohibited.of forced (2) Forced labour does not

labour include:a) any service of a military char-acter or activities performed in lieuthereof by those who, according tothe law, are exempted from com-pulsory military service for religiousreasons;

b) the work of a sentenced per-son, carried out under normal con-ditions, during detention or condi-tional release;

c) any services required to deal with a calamity or any other dan-ger, as well as those which are partof normal civil obligations as estab-

lished by law. A rticle 40

Right (1) The employees have the rightto strike to strike in the defence of their pro-

fessional, economic and social inter-ests.

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(2) The law shall regulate theconditions and limits governing theexercise of this right, as well as theguarantees necessary to ensure theessential services for the society.

Article 41Protection (1) The right of property, as wellof private as the debts incurring on the Stateproperty are guaranteed. The content and

limitations of these rights shall beestablished by law.

(2) Private property shall beequally protected by law, irrespec-tive of its owner. Foreigners andstateless persons shall not acquirethe right of property on land.

(3) No one shall be expropriat-ed, except on grounds of public util-ity, established according to the law,against just compensation paid inadvance.

(4) For projects of general inter-est, the public authorities are enti-

tled to use the subsoil of any realestate with the obligation to pay compensation to its owner for thedamages caused to the soil, planta-tions or buildings, as well as forother damages imputable to theseauthorities.

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(5) Compensations providedunder paragraphs (3) and (4) shallbe agreed upon with the owner, orby the decision of the court when asettlement cannot be reached.

(6) The right of property com-pels to the observance of duties relat-ing to environmental protection andensurance of neighbourliness, as

well as of other duties incumbent

upon the owner, in accordance withthe law or custom.(7) Legally acquired assets shall

not be confiscated. Legality of acquirement shall be presumed.

(8) Any goods intended for, usedor resulting from a criminal or

minor offence may be confiscatedonly in accordance with the provi-sions of the law.

A rticle 42Inheritance The right of inheritance is gua-right ranteed.

A rticle 43Liv ing (1) The State shall be bound tostandard take measures of economic devel-

opment and social protection, of anature to ensure a decent living standard for its citizens.

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(2) Citizens have the right topensions, paid maternity leave,medical care in public health estab-lishments, unemployment benefits,and other forms of social assistance,as provided by law.

Article 44Family (1) The Family is founded on the

freely consented marriage of thespouses, their full equality, as wellas the right and duty of the parentsto ensure the upbringing, educationand instruction of their children.

(2) The terms for entering intomarriage dissolution and nullity of marriage shall be established by

law. Religious wedding may be cel-ebrated only after civil marriage.(3) Children born out of wed-

lock are equal before the law withthose born in wedlock.

Article 45

Protection of (1) Children and young peoplechildren and shall enjoy special protection and young people assistance in the pursuit of their rights.

(2) The State shall grant stateallowances for children and bene-fits for the care of sick or disabledchildren. Other forms of social pro-

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tection for children and young peo-ple shall be established by law.

(3) The exploitation of minors,their employment in activities thatmight be harmful to their health, ormorals, or endanger their life andnormal development are prohibited.

(4) Minors under the age of fif-teen may not be employed for any paid labour.

(5) The public authorities arebound to contribute to secure theconditions for the free participationof young people in the political,social, economic, cultural and sport-ing life of the country.

A rticle 46

Protection The disabled shall enjoy specialof the disabled protection. The State shall ensurepersons the promotion of a national policy of

preventive care, treatment, readjust-ment, education, instruction andsocial integration of the disabled,

while observing the rights and duties

of their parents or legal tutors. A rticle 47

Right (1) Citizens have the right toof petition apply to the public authorities by

petitions formulated only in thename of the signatories.

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A rticle 49Restriction (1) The exercise of certain rights

on the exercise or freedoms may be restricted only of cer tain by law, and only if absolutely un-rights avoidable, as the case may be, for:or freedoms the defence of national security, pub-

lic order, health or morals, of the cit-izens rights and freedoms; asrequired for conducting a criminalinvestigation; for the prevention of the consequences of a naturalcalamity or extremely grave disas-ter.

(2) The restriction shall be pro-portional to the extent of the situa-tion that determined it and may notinfringe upon the existence of therespective right or freedom.

CHAPTER IIIFundamental duties

A rticle 50

Faithfulness (1) Faithfulness towards thetowards country is sacred.the country (2) Citizens holding public

offices, as well as the military areliable for the loyal fulfilment of theobligations they are bound to, and

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shall, for this purpose, take the oathas requested by law.

Article 51Observance of The observance of thethe Cons tit ut ion Constitution, of its supremacy andand laws of the laws is binding.

Article 52

Defence of (1) Citizens have the right andthe country duty to defend Romania.(2) The military service is com-

pulsory for all Romanian male citi-zens aged twenty, except for thecases provided by law.

(3) To be trained in the active mil-itary service, citizens may be con-scripted up to the age of thirty-five.

Article 53Financial (1) Citizens are under thecontributions obligation to contribute to public

expenditure, by taxes and duties.

(2) The legal taxation systemmust ensure a fair distribution of the tax burden.

(3) Any other dues shall be pro-hibited, save those determinedby law, under exceptional circum-stances.

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Article 54Exercise Romanian citizens, foreignersof rights and stateless persons shall exerciseand fr eedoms their constitutional rights and free-

doms in good faith, without any infringement of the rights and lib-erties of others.

CHAPTER IV

Advocate of the People A rticle 55

Appointment (1) The Advocate of the Peopleand role shall be appointed by the Senate,

for a term of office of four years, todefend the citizens rights and free-

doms.The organization and func-tioning of the Advocate of the Peopleinstitution shall be regulated by anorganic law.

(2) The Advocate of the Peopleshall not perform any other publicor private office.

A rticle 56Exercise (1) The Advocate of the Peopleof powers shall exercise his powers ex officio or

at the request of persons aggrievedin their rights and freedoms, withinthe limits established by law.

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(2) It is binding upon the pub-lic authorities to give the Advocateof the People the necessary supportin the exercise of his powers.

Article 57Repor t The Advocate of the People shallbefore report before the two ParliamentParliament Chambers, annually or at the

request thereof. The reports may contain recommendations on legis-lation or measures of any othernature for the defence of the citi-zens rights and freedoms.

TITLE IIIPublic authorities

CHAPTER IParliament

Section 1

Organization and functioning

Article 58Role and (1) Parliament is the supremestruct ure representat ive body of the

Romanian people and the sole leg-islative authority of the country.

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(2) Parliament consists of theChamber of Deputies and the Senate.

A rticle 59Election of (1) The Chamber of Deputiesthe Chambers and the Senate shall be elected by

universal, equal, direct, secret andfree suffrage, in accordance with theelectoral law.

(2) Organizations of citizensbelonging to national minorities,

which fail to obtain the number of votes for representation inParliament, have the right to oneDeputy seat each, under the terms of the electoral law. Citizens of a nation-al minority are entitled to be repre-

sented by one organization only.(3) The number of Deputies andSenators shall be established by theelectoral law, in proportion to thepopulation of Romania.

A rticle 60

Term of (1) The Chamber of Deputies andoffice the Senate are elected for a term of office of four years, which may beprolonged by an organic law, in caseof war or catastrophe.

(2) Elections to the Chamber of Deputies and the Senate shall be

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held within three months at themost from the expiration of the termof office or Parliament dissolution.

(3) The newly elected Parliamentshall meet upon convening by thePresident of Romania, within twen-ty days after elections.

(4) The Chambers term of officeshall be prolonged until the new Parliament legally meets. During this period, the Constitution shallnot undergo any revision, nor shallany organic law be passed, amend-ed or abrogated.

(5) Bills or legislative proposalsentered on the agenda of the pre-ceding Parliament shall be carried

over in the session of the new Parliament.

Article 61Orga nizat iona l (1 ) Th e o rg an i za t i o n an dstruct ure functioning of each Chamber shall

be regulated by its own Standing

Orders. Financial resources of theChambers shall be provided for inthe budgets approved by them.

(2) Each Chamber shall elect itsStanding Bureau. The President of the Chamber of Deputies and thePresident of the Senate shall be

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elected for the Chambers term of office. The other members of theStanding Bureaus shall be elected atthe opening of each session. Themembers of the Standing Bureausmay be dismissed before the expi-ration of the term of office.

(3) Deputies and Senators may be organized into Parliamentary Groups, according to the Standing

Orders of each Chamber.(4) Each Chamber shall set upStanding Committees and may insti-tute inquiry or other special com-mittees. The Chambers may set up

joint committees.(5) The Standing Bureaus and

Parliamentary Committees shall bemade up so as to reflect the politi-cal spectrum of each Chamber.

A rticle 62 Joint (1) The Chamber of Deputies andsittings the Senate shall meet in separate,

and joint sittings. The proceedingsin a joint sitting shall be held inaccordance with regulations passedby a majority vote of the Deputiesand Senators.

(2) The Chambers shall meet in joint sitting in order:

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a) to receive the message of thePresident of Romania;

b) to approve the State budgetand the State social security budget;

c) to declare general or partialmobilization;

d) to declare a state of war;e) to suspend or terminate

armed hostilities;f) to examine reports of the

Supreme Council of NationalDefence and of the Court of Audit;g) to appoint, on the proposal

of the President of Romania, thedirector of the Romanian IntelligenceService, and to exercise control overthe activity of this service;

h) to fulfil any other preroga-tives, which in accordance withthe Constitution or the Standing Orders shall be exercised in a jointsitting.

Article 63Sessions (1) The Chamber of Deputies

and the Senate shall meet in twoordinary sessions every year. Thefirst session begins in February andis due to last by the end of June atthe latest. The second session beginsin September and is due to last by the end of December at the latest.

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(2) Any imperative mandateshall be null.

Article 67Term (1) Deputies and Senators shallof office enter in the exercise of their officeof Deputies on the same day the Chamber they and Senators are members of has legally met, on

condition that their election is vali-dated.

(2) The capacity as a Deputy orSenator shall cease on the same day the newly elected Chambers shalllegally meet, or in case of resigna-tion, disenfranchisement, incom-patibility, or death.

Article 68

Incompat ibilit ies (1) No one may be a Deputy anda Senator at one and the same time.(2) The capacity as a Deputy or

Senator is incompatible with theexercise of any public office inauthority, with the exception of Government membership.

(3) Other incompatibilities shallbe established by an organic law.

Article 69Parliamentary (1) No Deputy or Senator shall beimmunity detained, arrested, searched or pros-

ecuted for a criminal or minor

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offence without authorization of theChamber he is a member of, afterbeing given a hearing. The case shallbe in the competence of theSupreme Court of Justice.

(2) In the case of a Deputy orSenator being caught in the act, hemay be detained and searched. TheMinister of Justice shall promptly

inform the President of the respec-tive Chamber about the detentionand search. In case the Chamberthus notified finds no grounds forhis detention, it shall immediately order that his detainment berepealed.

A rticle 70

Freedom No Deputy or Senator shall beof opinions liable to judicial proceedings for the

votes cast, or political opinionsexpressed in the exercise of his man-date.

A rticle 71

Emoluments Deputies and Senators shalland other receive monthly emoluments. Therights amount of the emoluments and other

rights shall be established by law.

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Section 3

Legislation

Article 72Classes (1) Parl iament passesof laws constitutional, organic, and ordi-

nary laws.(2) Constitutional laws shall be

pertaining to the revision of theConstitution.

(3) Organic laws shall regulate:a) the electoral system;b) the organization and func-

tioning of political parties;c) the organization and holding

of a referendum;

d) the organizat ion of theGovernment and the SupremeCouncil of National Defence;

e) the states of siege and emer-gency;

f) criminal offences, penaltiesand the execution thereof;

g) granting of amnesty or col-lective pardon;h) the organization and function-

ing of the Superior Council of theMagistracy, the courts, the PublicMinistry and the Court of Audit;

i) the status of civil servants;

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of Bucharest at least 10,000 signa-tures should be registered in sup-port of this initiative.

(2) A legislative initiative of thecitizens may not touch on mattersconcerning taxation, internationalaffairs, amnesty or pardon.

(3) The Government shall exer-cise its legislative initiative by intro-ducing bills in one of the Chambers.

(4) Deputies, Senators and citizensexercising the right of legislative ini-tiative may present proposals only inthe form required for bills.

(5) Legislative proposals shall befirst submitted for being passed tothe Chamber before which they wereread.

Article 74Passing (1) Organic laws and resolutionsof bills and concerning the Standing Orders of resolutions the Chambers shall be passed by the

majority vote of the members of each Chamber.

(2) Ordinary laws and resolu-tions shall be passed by the major-ity vote of the members present ineach Chamber.

(3) At the request of theGovernment or on its own iniatitive,Parliament may pass bills or leg-

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islative proposals under an emer-gency procedure, established inaccordance with the Standing Orders of each Chamber.

A rticle 75Sending of Bills or legislative proposalsbills and passed by one Chamber shall be sentleg islative to the other Chamber of Parliament.proposals If the bill or legislative proposal is

from one rejected in the latter, it shall be sentChamber back, for a new debate, to theto the other Chamber that had passed it. A sec-

ond rejection is final.

A rticle 76Mediation (1) If one of the Chambers has

passed a bill or legislative proposal,in a different wording from thatapproved by the other Chamber, thePresidents of both Chambers shallinitiate a mediation procedure, by a parity committee.

(2) In case no agreement hasbeen reached in the committee, orone Chamber has not approved themediation committee report, thetexts in conflict shall be submittedfor debate to the Chamber of Deputies and the Senate, assembledin a joint sitting, that shall adoptthe final text by a majority vote, as

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provided under Article 74, para-graph (1) or (2).

Article 77Promulgation (1) A law shall be submitted forof laws promulgation to the President of

Romania. Promulgation shall begiven within twenty days afterreceipt of the law.

(2) Before promulgation, thePresident of Romania may returnthe law to Parliament for reconsid-eration, and he may do so only once.

(3) In case the President hasrequested that the law be reconsid-ered or a review has been asked foras to i ts conformity with theConstitution, promulgation shall bemade within ten days from receiv-ing the law passed after its recon-sideration, or the decision of theConstitutional Court confirming itsconstitutionality.

Article 78Coming into Laws shall be published in theforce of laws Official Gazette of Romania and

come into force on the day of pub-lication or on the date provided inthe text.

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A rticle 79Leg islative (1) The Legislative Council shallCouncil be an advisory expert body of

Parliament, that initials draft nor-mative acts for the purpose of a sys-tematic unification and co-ordina-tion of the whole body of laws. Itshall keep the official record of thelegislation of Romania.

(2) The setting up, organization

and functioning of the LegislativeCouncil shall be regulated by anorganic law.

CHAPTER IIThe President of Romania

A rticle 80Role of the 1) The President of RomaniaPresident shall represent the Romanian State

and is the safeguard of the nation-al independence, unity and territo-rial integrity of the country.

(2) The President of Romania shallguard the observance of theConstitution and the proper func-tioning of the public authorities. Tothis effect, he shall act as a mediatorbetween the Powers in the State, as

well as between the State and society.

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Article 81Election of (1) The President of Romaniathe President shall be elected by universal, equal,

direct, secret and free suffrage.(2) The candidate who, in the first

ballot, obtained a majority of votes of the electors entered on the electorallists shall be declared elected.

(3) In case no candidate hasobtained such a majority, a second

ballot shall be held between the firsttwo candidates highest in the orderof the number of votes cast for themin the first ballot. The candidate hav-ing the greatest number of votesshall be declared elected.

(4) No one may hold the officeof President of Romania but twoterms at the most, that can also beconsecutive.

Article 82 Validation (1) The election returns for theof mandate Presidency of Romania shall beand oat h-taking validated by the Constitutional Court.

(2) The candidate whose elec-tion has been validated shall takebefore the Chamber of Deputies andthe Senate, in a joint sitting, the fol-lowing oath:

I solemnly swear that I will ded-icate all my strength and the best of

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my ability for the spiritual and mate-rial welfare of the Romanian people,to abide by the Constitution and lawsof the country, to defend democracy,the fundamental rights and freedomsof my fellow-citizens, Romaniassovereignty, independence, unity andterritorial integrity. So help me God!

A rticle 83

Term (1) The term of office of theof office President of Romania is four years,

and he shall exercise his mandatefrom the day he took the oath.

(2) The President of Romaniashall exercise his office until thenew President-elect takes the oath.

(3) The term of office of thePresident of Romania may be pro-longed, by an organic law, in theevent of war or catastrophe.

A rticle 84Inc ompatibilities (1) During his term of office,and immunities the President of Romania may not

be a member of any political party,nor may he perform any other pub-lic or private office.

(2) The President of Romaniashall enjoy immunity. Provisions

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under Article 70 shall apply accord-ingly.

(3) The Chamber of Deputies andthe Senate may, in a joint sitting,carry a resolution upon the impeach-ment of the President of Romania forhigh treason, by the vote of at leasttwo thirds of the number of Deputiesand Senators. The case shall be with-in the competence of the SupremeCourt of Justice, according to the pro-

visions of the law. The President shallbe removed from office de jure onthe date the Court sentence remainsfinal.

Article 85

Appoint ment (1) The President of Romaniaof the shall designate a candidate to theGover nment office of Prime Minister and appoint

the Government on the basis of the

vote of confidence of Parliament.(2) In the event of government

reshuffle or vacancy of office, thePresident shall dismiss and appoint,on the proposal of the Prime Minister,some members of the Government.

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A rticle 86Consultation The President of Romania may

with the consult with the Government aboutGovernment urgent, extremely important mat-ters.

A rticle 87Par ticipation in (1) The President of Romaniameetings of t he may participate in the meetings of

Government the Government debating uponmatters of national interest withregard to foreign policy, the defenceof the country, ensurance of publicorder, and, at the Prime Ministersrequest, in other instances as well.

(2) The President of Romaniashall preside over the Governmentmeetings he participates in.

A rticle 88Messages The President of Romania shall

address Parliament by messages onthe main political issues of the nation.

A rticle 89Dissolution (1) After consultation with theof Parliament presidents of both Chambers and

the leaders of the Parliamentary groups, the President of Romaniamay dissolve Parliament, if no vote

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up, closing down or change in rank of diplomatic missions.

(3) Diplomatic envoys of otherstates shall be accredited to thePresident of Romania.

Article 92Powers (1) The President of Romaniain matters shall be Commander-in-Chief of theof defence Armed Forces and preside over the

Supreme Council of National Defence.(2) He may declare, with priorapproval of Parliament, partial orgeneral mobilization of the ArmedForces. Only in exceptional casesshall the decision of the Presidentbe subsequently submitted forapproval to Parliament, within fivedays from adoption thereof.

(3) In the event of an armedaggression against the country, thePresident of Romania shall takemeasures to repel the aggression,and he shall promptly bring themto the cognizance of Parliament, by

a message. If Parliament does notsit in a session, it shall be convenedde jure, within 24 hours from theoutbreak of the aggression.

Article 93Emergency (1) The President of Romania

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measures shall, according to the law, institutethe state of siege or emergency inthe whole or part of the country,and shall request Parliament theapprova l of the measures thusadopted, within five days fromadoption thereof.

(2) If Parliament does not sit ina session, it shall be convened de

jure within 48 hours from the insti-

tution of the state of siege or emer-gency, and shall function through-out this state.

A rticle 94Other The President of Romaniapowers shall also have the following pow-

ers:a) to confer decorations and

titles of honour;b) to make promotions to the

ranks of marshal, general and admi-ral;

c) to make appointments to pub-lic offices, under the terms provid-

ed by law;d) to grant individual pardon.

A rticle 95Suspension (1) In case of having committedfrom office grave acts infringing upon constitu-

tional provisions, the President of

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Romania may be suspended fromoffice by the Chamber of Deputiesand the Senate, in joint sitting, by amajority vote of Deputies andSenators, and after consultation withthe Constitutional Court. ThePresident may explain beforeParliament with regard to imputa-tions brought against him.

(2) The proposal of suspension

from office may be initiated by atleast one third of the number of Deputies and Senators, and thePresident shall be immediately noti-fied thereof.

(3) If the proposal of suspensionfrom office has been approved, areferendum shall be held within 30days, in order to remove thePresident from office.

Article 96 Vacancy (1) Vacancy of the office ofof office President of Romania shall be due

upon his resignation, removal from

office, permanent impossibility todischarge his powers and duties, ordeath.

(2) Within three months fromthe date when the Presidency of Romania fel l vacant , the

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Romania. Absence of publicity entails the non-existence of a decree.

(2) The decrees issued by thePresident of Romania in the exerciseof his powers, as provided under

Article 91 paragraphs (1) and (2), Article92 paragraphs (2) and (3), Article 93paragraph (1), and Article 94 subpara-graphs a), b) and d) shall be counter-signed by the Prime Minister.

Article 100Emolument The emolument and other rightsand other of the President of Romania shallrights be established by law.

CHAPTER IIIThe Government

Article 101Role and (1) The Government shall, instruct ure accordance with its government pro-

gramme accepted by Parliament,ensure the implementation of thedomestic and foreign policy of thecountry, and exercise the generalmanagement of public administration.

(2) In the exercise of its powers,the Government shall co-operate

with the social bodies concerned.

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(3) The Government consists of the Prime Minister, Ministers, andother members as established by anorganic law.

Article 102Investit ure (1) The President of Romania

shall designate a candidate to theoffice of Prime Minister, as a resultof his consultation with the party

which has obtained absolute major-ity in Parliament, or unless suchmajority exists with the partiesrepresented in Parl iament .

(2) The candidate to the officeof Prime Minister shall, within tendays after his designation, seek the

vote of confidence of Parliamentupon the programme and completelist of the Government.

(3) The programme and list of the Government shall be debatedupon by the Chamber of Deputiesand Senate, in joint si t t ing.Parliament shall grant confidence to

the Government by a majority voteof Deputies and Senators.

Ar ticle 103Oath (1) The Prime Minister, theof allegiance Ministers and other members of the

Government shall individually take an

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oath before the President of Romania,as provided under Article 82.

(2) The Government as a wholeand each of its members shall exer-cise the mandate from the date of taking the oath.

Article 104Incomp at ibilit ies (1) Membership of the

Government shall be incompatible

with the exercise of any other pub-lic office in authority, except theoffice of a Deputy or Senator.Likewise, it shall be incompatible

with the exercise of any office of professional representation paid by a trading organization.

(2) Other incompatibilities shallbe established by an organic law.

Article 105Cessation Membership of the Governmentof G overnment shal l cease upon resignation,membership dismissal, disenfranchisement,

incompatibility, death, or in any

other cases provided by law. Article 106

Prime (1) The Prime Minister shallMinister direct Government actions and co-

ordinate activities of its members,under observance of the powers and

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(3) Ordinances shall be issuedunder a special enabling law, with-in the limits and in conformity withthe provisions thereof.

(4) Decisions and ordinancesadopted by the Government shall besigned by the Prime Minister, coun-tersigned by the Ministers who arebound to carry them into execu-tion, and shall be published in the

Official Gazette of Romania. Non-publishing entails non-existence of a decision or ordinance. Decisionsof a military character shall be con-

veyed only to the institutions con-cerned.

Article 108Responsibilit y (1) The Government is political-

ly of members responsible for its entire activity of the only before Parliament. Each mem-

berGovernment of the Government is politically and

jointly liable with the others for theactivity and acts of the Government.

(2) It is only the Chamber of Deputies, the Senate and thePresident of Romania that shallhave the right to demand legal pro-ceedings to be taken against mem-bers of the Government for acts

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committed in the exercise of theiroffice. If such legal proceedingshave been requested, the Presidentof Romania may decree that they besuspended from office. Institutionof proceedings against a member of the Government entails his suspen-sion from office. The case shall be

within the competence of theSupreme Court of Justice.

(3) Cases of liability, and penal-ties applicable to members of theGovernment shall be regulated by aLaw on ministerial responsibility.

Article 109End of the (1) The Government shal l

term of office exercise its term of office until the validation of the general parlia-mentary elections.

(2) The Government shall be dis-missed on the date the Parliament with-draws the confidence granted, or if thePrime Minister finds himself in one of the situations under Article 105 or incase of his impossibility to exercise hispowers for more than 45 days.

(3) In situations such as underparagraph (2) the provisions of

Article 102 shall apply accordingly.(4) The Government whose term

of office ceased in accordance with

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paragraphs (1) and (2) shall contin-ue to fulfil only the acts requiredfor the administration of publicaffairs, until the members of thenew Government take the oath.

CHAPTER IV Relations bet ween Parliament

and the Government

Article 110Information (1) The Government and theof Parliament other bodies of public administration

shall be obliged, within the parlia-mentary control over their activity, topresent the information and docu-ments requested by the Chamber of Deputies, the Senate, or parliamentary committees, through their respec-tive presidents. In case a legislativeinitiative involves the amendmentof the provisions of the State budget, or of the Statesocial security budget, the requestfor information shall be compulso-ry.

(2) Members of the Governmentare entitled to attend the proceedingsof Parliament. If they are requestedto be present, participation shall becompulsory.

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Article 111Questions (1) The Government and each of and its members are obliged to answerinterpellations the questions or interpellations

raised by Deputies or Senators.(2) The Chamber of Deputies or

the Senate may carry a motionexpressing the stand as to the issuemaking the point of interpellation.

Ar ticle 112Motion (1) The Chamber of Deputiesof censure and the Senate may, in joint sitting,

withdraw confidence granted to theGovernment, by carrying a motionof censure by a majority vote of theDeputies and Senators.

(2) The motion of censure may beinitiated by at least one fourth of thetotal number of Deputies and Senators,and shall be notified to the Governmentupon the date of its tabling.

(3) The motion of censure shallbe debated upon three days after its

presentation in the joint sitting of the Chambers.(4) If the motion of censure fails

to be passed, the Deputies and theSenators who signed it may not sub-mit another one during the samesession, except for the case that the

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Article 114Leg islative (1) Parl iament may pass a

delegation special law enabling the Governmentto issue ordinances in fields outsidethe scope of organic laws.

(2) The enabling law shall com-pulsorily establish the field and thedate up to which ordinances may be issued.

(3) If the enabling law sorequests, ordinances shall be sub-mitted to Parliament for approval,according to the legislative pro-cedure, until expiration of theenabling term. Non-compliance

with the term entails disconti-nuation of the effects of the ordi-

nance.(4) In exceptional cases, theGovernment may adopt expeditiousordinances, which shall come intoforce only after their submission toParl iament for approval . If Parliament does not sit in session,it shall obligatorily be convened.

(5) Ordinances shal l beapproved or rejected by a law whichmust also contain the ordinancesthat ceased to be effective in accor-dance with paragraph (3).

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CHAPTER V P ublic administration

Section 1

Specialized central public administration

Article 115

Structure (1) Ministries shall be organizedonly in subordination to theGovernment.

(2) Other specialized agenciesmay be organized in subordinationto the Government or Ministries, oras autonomous administrativeauthorities.

Article 116Establishment (1) Ministries shall be set up,

organized, and function in accor-dance with the law.

(2) The Government andMinistries may, on the authorizationof the Court of Audit, set up spe-cialized agencies in their subordi-nation, but only if the law acknowl-edges the competence thereof.

(3) Autonomous administrativeauthorities may be established by an organic law.

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Article 117The Armed (1) The Army shall be exclusive-

ly Forces subordinated to the will of the peo-ple, to guarantee the sovereignty,independence and unity of the State,the countrys territorial integrity,and constitutional democracy.

(2) The structure of the nation-al defence system, the organizationof the Army, the preparation of thepopulation, economy and territory for the defence, as well as the sta-tus of the military shall be regulat-ed by an organic law.

(3) Provisions under paragraphs(1) and (2) shall apply accordingly to the police and security servicesof the State, as well as to other com-ponents of the Armed Forces.

(4) The organization of military or paramilitary activities outside aState authority is prohibited.

(5) No foreign troops may enter

or cross the territory of Romania buton terms established by law.

Article 118Supreme The Supreme Council of NationalCouncil Defence shall unitarily organizeof National and co-ordinate the act ivi t ies

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Defence concerning the countrys defence

and national security.

Section 2

Local public administration

Article 119

Basic Public administration in the

principles territorial-administrative units is

based on the principle of local

autonomy and decentralization of

public services.

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Article 120

Communal (1) The public administration

and town authorities, by which local autono-my authorities in communes and towns is imple-

mented, shall be the Local Councilsand Mayors elected, in accordance

with the law.(2) The Local Councils and

Mayors shall act as autonomousadministrative authorities and man-age public affairs in communes andtowns, in accordance with the law.

(3) Authorities under paragraph(1) may also be set up in the territo-

rial-administrative subdivisions of municipalities.

Ar ticle 121

County (1) The County Council is theCouncil public administration authority co-

ordinating the activity of communaland town councils, with a view tocarrying out the public services of county interest.

(2) The County Council shall beelected and shall function in accor-dance with the law.

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Article 122The Prefect (1) The Government shal l

appoint a Prefect in each county andin the Municipality of Bucharest.

(2) The Prefect is the represen-tative of the Government at locallevel and shall direct any decen-tralized public services of theMinistries and of the other centralbodies in the territorial-administrativeunits.(3) The powers of the Prefectshall be established by law.

(4) The Prefect may challenge,in the administrative court, an actof the County Council, of a LocalCouncil, or of a Mayor, in case hedeems it unlawful. The act thus chal-lenged shall be suspended de jure.

CHAPTER VI Judicial authority

Section 1

Courts of law

Article 123 Ad minist rat ion (1) Justice shall be renderedof justice in the name of the law.

(2) Judges shall be independentand subject only to the law.

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Article 124Statusof Judges (1) Judges appointed by the

President of Romania shall be irre-movable, according to the law. ThePresident and other Judges of theSupreme Court of Justice shall beappointed for a term of six years,and may be reinvested in office.Promotion, transfer, and sanctions

against Judges may be decided upononly by the Superior Council of theMagistracy, in accordance withthe law.

(2) The office of a Judge shall beincompatible with any other publicor private office, except that of anacademic professorial activity.

Ar ticle 125Cou r ts of law (1) Justice shall be administered

by the Supreme Court of Justice andother courts established by law.

(2) The setting up of courts of exception is prohibited.

(3) Competence and procedureof courts shall be regulated by law.

Ar ticle 126P ublicit y Proceedings shall be public,of debates except for the cases provided by law.

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Article 127Right (1) Procedure shall be conduct-

edto have an in Romanian.interpreter (2) Citizens belonging to nation-

al minorities, as well as persons whocannot understand or speak Romanian have the right to take cog-nizance of all acts and files of thecase, to speak before the court and

formulate conclusions, through aninterpreter; in criminal trials, thisright shall be ensured free of charge.

Article 128Use Against decisions of the court,of appeal the parties concerned and the Public

Ministry may exercise ways of appeal, in accordance with the law.

Article 129Police Courts of law shall have policein the cour ts placed at their disposal.

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Section 2

The Public Ministry

Ar ticle 130Role of P ublic (1) Within the judicial activity,Ministr y the Public Ministry shall represent

the general interests of the soci-ety, and defend legal order, as wellas the citizens rights and free-doms.

(2) The Public Ministry shalld ischarge i t s powers throughPublic Prosecutors, constitutedinto public prosecutors offices, inaccordance with the law.

Ar ticle 131

Status (1) Public Prosecutors shall carry of Public out their activity in accordanceProsecutors with the principle of legality, impar-

tiality and hierarchical control,under the authority of the Ministerof Justice.

(2) The office of Public Prosecutoris incompatible with any other pub-lic or private office, except that of academic professorial activity.

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Section 3

Superior Council of the Magistracy

Article 132Composition The Superior Council of the

Magistracy shall consist of magis-trates elected for a term of four

years by the Chamber of Deputiesand the Senate, in a joint sitting.

Article 133Powers (1) The Superior Council of the

Magistracy shall nominate Judgesand Pub l i c Prosecu to rs fo rappointment by the President of Romania, except those on proba-tion, in accordance with the law.In this case, the proceedings shallbe presided over by the Ministerof Justice, who shall have no rightto vote.

(2) The Superior Council of theMagistracy shall perform the roleo f a d i sc ip l ina ry counc i l fo r

Judges, in which case proceedingsshall be presided over by thePresident of the Supreme Court of

Justice.

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TITLE IV Economy and public finance

Article 134

Economy (1) Romanias economy is a freemarket economy.

(2) The State must secure:a) a free trade, protection of fair

competit ion, provision of afavourable framework in order tostimulate and revaluate every factorof production;

b) protection of national inter-ests in economic, financial and cur-rency activity;

c) promotion of national scien-tific research;

d) exploi tat ion of naturalresources, in conformity withnational interests;

e) environmental protectionand recovery, as well as preserva-tion of the ecological balance;

f) creation of all necessary con-ditions so as to increase the quality of life.

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Article 135Property (1) The State shall protect proper-

ty. (2) Property is public or private.(3) Public property belongs to

the State or its territorial-adminis-trative units.

(4) Subsoil riches of any nature, ways of communication, the airspace, waters with hydropoweravailabilities and those which canbe used for the public interest,beaches, territorial waters, naturalresources of the economic zone andthe continental shelf, as well asother assets established by law shallbe exclusively public property.

(5) Public-owned assets shall beinalienable. They may be taken overfor administration by self-managedpublic companies or public institu-tions, or may be leased or grantedin concession, in accordance withthe law.

(6) Private property shall be, inaccordance with the law, inviolable.

Article 136Financial (1) Formation, administration,

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President thereof, for a term of three years.

(4) The Constitutional Courtshall be renewed by one third of its

Judges every three years, in accor-dance with the provisions of theCourts organic law.

Article 141

Qualificat ion Judges of the Constitutional Courtfor must have graduated law, and haveappointment high professional competence and

at least eighteen years experience in juridical or academic activities in law.

Article 142Inc ompat ibi lit ies The office of Judge of the

Constitutional Court is incompatible with any other public or privateoffice, except that of academicproffesorial activity.

Article 143

Independence Judges of the Constitutional Courtand shall be independent in the exerciseirremovability of their office and irremovable dur-

ing the term of office.

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Article 144Powers The Constitutional Court shall

have the following powers:a) to adjudicate on the constitu-tionality of laws, before promulgation,upon notification by the President of Romania, by the president of eitherChamber of Parliament, by theGovernment, the Supreme Court of

Justice, by a number of at least 50Deputies or at least 25 Senators, as

well as, ex officio, on initiatives torevise the Constitution;

b) to adjudicate on the consti-tutionality of the Standing Ordersof Parliament, upon notification, by the president of either Chamber, by a parliamentary group or a numberof at least 50 Deputies or at least 25Senators;

c) to decide on exceptionsbrought to the courts of law as tothe unconstitutionality of laws andordinances;

d) to guard the observance of the procedure for the election of thePresident of Romania and to con-firm the ballot returns;

e) to ascertain the circumstances which justify the interim in the exer-

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(2) Decisions of the ConstitutionalCourt shall be binding and effectiveonly for the future. They shall bepublished in the Official Gazette of Romania.

TITLE VIRevision of the Constitution

Article 146

Initiative (1) Revision of the Constitutionof rev ision may be initiated by the President of

Romania on the proposal of the

Government, by at least one quarterof the number of Deputies orSenators, as well as by at least 500,000citizens with the right to vote.

(2) The citizens who initiate therevision of the Constitution mustbelong to at least half the numberof the counties in the country, andin each of the respective counties orin the Municipality of Bucharest, atleast 20,000 signatures must berecorded in support of this initia-tive.

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sion of the citizens fundamentalrights and freedoms, or of the safe-guards thereof.

(3) The Constitution shall not berevised during a state of siege oremergency, or at wartime.

TITLE VIIFinal and transitory provisions

Ar ticle 149Coming This Constitution shall comeinto force into force on the date of its adop-

tion by referendum. On the sameday, the Constitution of August 21,1965 is and remains fully abrogat-ed.

Ar ticle 150Temporal (1) The laws and all otherconf lict of laws normative acts shall remain in force

in so far they are not contradicting the provisions of this Constitution.

(2) The Legislative Council shallexamine, within 12 months from thedate of coming into force of the law on its organization, the compliance of legislation with this Constitution andshall accordingly advance proposals to

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Parliament or to the Government, asthe case may be.

Article 151Current (1) The inst i tut ions of theinstitutions Republic, existing at the date of com-

ing into force of this Constitution,shall remain in operation until thesetting up of the new institutions.

(2) The new Supreme Court of Justice, in accordance with the law,shall be appointed by the Chamberof Deputies and the Senate, in a jointsitting, on the proposal of thePresident of Romania, within 6months from the date of coming into force of this Constitution.

Article 152Future (1) Within 6 months from theinstitutions date of coming into force of this

Constitution, the ConstitutionalCourt and the Court of Audit shallbe set up.

(2) Judges of the fi rstC i i l C h ll b

constitutia romaniein in engleza

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