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CONSTITUTION OF ROMANIA
Summary
Title I - General principles
Article
1 - Romanian State
Article
2 - Sovereignty
Article
3 - Territory
Article
4 - Unity of the people and equality among citizens
Article
5 - Citizenship
Article
6 - Right to identity
Article
7 - Romanians living abroad
Article
8 - Pluralism and political parties
Article
9 - Trade unions
Article
10 - International relations
Article
11 - International and national law
Article
12 - National symbols
Article
13 - Official language
Article
14 - The Capital
Title II - Fundamental rights, freedoms and duties
Chapter I - General provisions
Article
15 - Universality
Article
16 - Equality of rights
Article
17 - Romanian citizens while abroad
Article
18 - Aliens and stateless persons
Article
19 - Extradition and expulsion
Article
20 - International human rights treaties
Article
21 - Free access to justice
Chapter II - Fundamental rights and freedoms
Article
22 - Right to life, to physical and mental integrity
Article
23 - Personal freedom
Article
24 - Right to defense
Article
25 - Freedom of movement
Article
26 - Personal and family privacy
Article
27 - Inviolability of domicile
Article
28 - Secrecy of correspondence
Article
29 - Freedom of conscience
Article
30 - Freedom of expression
Article
31 - Right to information
Article
32 - Right to education
Article
33 - Right to protection of health
Article
34 - Right to vote
Article
35 - Right to be elected
Article
36 - Freedom of assembly
Article
37 - Right to association
Article
38 - Labor and social protection of labor
Article
39 - Prohibition of forced labor
Article
40 - Right to strike
Article
41 - Protection of private property
Article
42 - Inheritance right
Article
43 - Living standard
Article
44 - Family
Article
45 - Protection of children and the young
Article
46 - Protection of the disabled persons
Article
47 - Right of petition
Article
48 - Right of a person aggrieved by a public authority
Article
49 - Restriction on the exercise of certain rights or
freedoms
Chapter III - Fundamental duties
Article
50 - Faithfulness towards the country
Article
51 - Observance of Constitution and laws
Article
52 - Defense of the country
Article
53 - Financial contributions
Article
54 - Exercise of rights and freedoms
Chapter IV - Advocate of the People
Article
55 - Appointment and role
Article
56 - Exercise of powers
Article
57 - Report before Parliament
Title III - Public Authorities
Chapter I - Parliament
Section 1 - Organization and Functioning
Article
58 - Role and structure
Article
59 - Election of the Chambers
Article
60 - Term of office
Article
61 - Organizational structure
Article
62 - Joint sessions
Article
63 - Sessions
Article
64 - Acts of Parliament and legal quorum
Article
65 - Publicity of sessions
Section 2 - Status of Deputies and Senators
Article
66 - Representative mandate
Article
67 - Term of Office of Deputies and Senators
Article
68 - Incompatibilities
Article
69 - Parliamentary immunity
Article
70 - Freedom of opinions
Article
71 - Emoluments and other rights
Section 3 - Legislation and Procedure
Article
72 - Classes of Laws
Article
73 - Legislative initiative
Article
74 - Passing of bills and resolutions
Article
75 - Sending of bills and legislative proposals from one
Chamber to the other
Article
76 - Mediation
Article
77 - Promulgation of laws
Article
78 - Coming into force of laws
Article
79 - Legislative Council
Chapter II - The President of Romania
Article
80 - Role of the President
Article
81 - Election of the President
Article
82 - Validation of mandate and oath-taking
Article
83 - Term of office
Article
84 - Incompatibilities and immunities
Article
85 - Appointment of the Government
Article
86 - Consultation with the Government
Article
87 - Participation in meetings of the Government
Article
88 - Messages
Article
89 - Dissolution of Parliament
Article
90 - Referendum
Article
91 - Powers in matters of foreign policy
Article
92 - Powers in matters of defense
Article
93 - Emergency measures
Article
94 - Other powers
Article
95 - Suspension from office
Article
96 - Vacancy of office
Article
97 - Interim of office
Article
98 - Liability of Acting President
Article
99 - Acts of the President
Article
100 - Compensation and other rights
Chapter III - The Government
Article
101 - Role and structure
Article
102 - Investiture
Article
103 - Oath of allegiance
Article
104 - Incompatibilities
Article
105 - Termination of Government membership
Article
106 - Prime Minister
Article
107 - Acts of the Government
Article
108 - Responsibility of members of the Government
Article
109 - End of the term of office
Chapter IV - Relations between Parliament and the
Government
Article
110 - Information to Parliament
Article
111 - Questions and interpellations
Article
112 - Motion of censure
Article
113 - Assumption of responsibility by the Government
Article
114 - Legislative delegation
Chapter V - Public Administration
Section 1 - Specialized Central Public
Administration
Article
115 - Structure
Article
116 - Establishment
Article
117 - The Armed Forces
Article
118 - Supreme Council of National Defense
Section 2 - Local Public Administration
Article
119 - Basic principles
Article
120 - Communal and town authorities
Article
121 - County Council
Article
122 - The Prefect
Chapter VI - Judicial Authority
Section 1 - Courts of Law
Article
123 - Administration of justice
Article
124 - Status of Judges
Article
125 - Courts of law
Article
126 - Publicity of debates
Article
127 - Right to have an interpreter
Article
128 - Use of appeal
Article
129 - Police in the Courts
Section 2 - The Public Ministry
Article
130 - Role of Public Ministry
Article
131 - Status of Public Prosecutors
Section 3 - Superior Council of the Magistracy
Article
132 - Composition
Article
133 - Powers
Title IV - Economy and public finance
Article
134 - Economy
Article
135 - Property
Article
136 - Financial system
Article
137 - National Public Budget
Article
138 - Taxes and duties
Article
139 - Court of Audit
Title V - Constitutional Court
Article
140 - Structure
Article
141 - Qualifications for appointment
Article
142 - Incompatibilities
Article
143 - Independence and irremovability
Article
144 - Powers
Article
145 - Decisions of the Constitutional Court
Title VI - Revision of the Constitution
Article
146 - Initiative of Revision
Article
147 - Procedure of Revision
Article
148 - Limits of Revision
Title VII - Final and transitory provisions
Article
149 - Coming into force
Article
150 - Temporal conflict of laws
Article
151 - Current Institutions
Article
152 - Future Institutions
[1] Romania is a sovereign, independent, unitary and indivisible
National State.
[2] The form of government of the Romanian State
is a Republic.
[3] Romania is a democratic and social State
governed by the rule of law, in which human dignity, the citizens'
rights and freedoms, the free development of human personality,
justice and political pluralism represent supreme values and shall
be guaranteed.
[1] National sovereignty resides with the Romanian people, who
shall exercise it through its representative bodies and by
referendum.
[2] No group or person may exercise sovereignty in
one's own name.
[1] The territory of Romania is inalienable.
[2] The frontiers
of the Country are sanctioned by an organic law, under observance of
the principles and other generally recognized regulations of
international law.
[3] The territory is organized
administratively into communes, towns and counties. Some towns are
declared municipalities, according to the provisions of the
law.
[4] No foreign populations may be displaced or colonized in
the territory of the Romanian State.
[1] The State foundation is laid on the unity of the Romanian
people.
[2] Romania is the common and indivisible homeland of all
its citizens, without any discrimination on account of race,
nationality, ethnic origin, language, religion, sex, opinion,
political adherence, property or social origin.
[1] Romanian citizenship can be acquired, retained or lost as
provided for by the organic law.
[2] Romanian citizenship cannot
be withdrawn if acquired by birth.
[1] The State recognizes and guarantees the right of persons
belonging to national minorities, to the preservation, development
and expression of their ethnic, cultural, linguistic and religious
identity.
[2] The protecting measures taken by the Romanian State
for the preservation, development and expression of identity of the
persons belonging to national minorities shall conform to the
principles of equality and non-discrimination in relation to the
other Romanian citizens.
The State shall support the strengthening of links with the
Romanians living abroad and shall act accordingly for the
preservation, development and expression of their ethnic, cultural,
linguistic and religious identity, under observance of the
legislation of the State of which they are citizens.
[1] Pluralism in the Romanian society is a condition and
safeguard of Constitutional democracy.
[2] Political parties may
be constituted and pursue their activities in accordance with the
law. They contribute to the definition and expression of the
political will of the citizens, while observing national
sovereignty, territorial integrity, the legal order and the
principles of democracy.
Trade unions may be constituted and pursue their activities in
accordance with their own statutes, as provided by law. They
contribute to the defense of the rights and promotion of the
professional, economic and social interests of the employees.
Romania fosters and develops peaceful relations with all the
states, and in this context, good neighborly relations, based on the
principles and other generally recognized provisions of
international law.
[1] The Romanian State pledges to fulfill as such and in good
faith its obligations as deriving from the treaties it is a party
to.
[2] Treaties ratified by Parliament, according to the law,
are part of national law.
[1] The flag of Romania is tricolor; the colors are arranged
vertically in the following order from the flag-pole: blue, yellow
and red.
[2] The National Day of Romania is the 1-st of
December.
[3] The national anthem of Romania is "Awake,
Romanians'.
[4] The country's coat-of-arms and the seal shall be
established by organic laws.
In Romania, the official language is Romanian.
The Capital of Romania is the Municipality of Bucuresti.
[1] All citizens enjoy the rights and freedoms granted to them by
the Constitution and other laws, and have the duties laid down
thereby.
[2] The law acts only for the future, with the exception
of the more favorable penal law.
[1] Citizens are equal before the law and public authorities,
without any privilege or discrimination.
[2] No one is above the
law.
[3] Access to a public office or dignity, civil or military,
is granted to persons whose citizenship is only and exclusively
Romanian, and whose domicile is in Romania.
Romanian citizens while abroad shall enjoy the protection of the
Romanian State and shall be bound to fulfill their duties, with the
exception of those incompatible with their absence from the country.
[1] Aliens and stateless persons living in Romania shall enjoy
general protection of person and assets, as guaranteed by the
Constitution and other laws.
[2] The right of asylum shall be
granted and withdrawn under the provisions of the law, in compliance
with the international treaties and covenants Romania is a party to.
[1] No Romanian citizen may be extradited or expelled from
Romania.
[2] Aliens and stateless persons may be extradited only
in compliance with an international covenant or in terms of
reciprocity.
[3] Expulsion or extradition shall be ruled by the
Court.
[1] Constitutional provisions concerning the citizens' rights and
liberties shall be interpreted and enforced in conformity with the
Universal Declaration of Human Rights, with the covenants and other
treaties Romania is a party to.
[2] Where any inconsistencies
exist between the covenants and treaties on fundamental human rights
Romania is a party to, and internal laws, the international
regulations shall take precedence.
[1] Every person is entitled to bring cases before the courts for
the defense of his legitimate rights, liberties and
interests.
[2] The exercise of this right may not be restricted
by any law.
[1] The right to life, as well as the right to physical and
mental integrity of person are guaranteed.
[2] No one may be
subjected to torture or to any kind of inhuman or degrading
punishment or treatment.
[3] The death penalty is prohibited.
[1] Individual freedom and security of person are
inviolable.
[2] Search, detainment or arrest of a person shall be
permitted only in the cases and under the procedure provided by
law.
[3] Detention may not exceed twenty-four hours.
[4]
Arrest shall be made under a warrant issued by a magistrate, for a
maximum period of thirty days. The person arrested may lodge a
complaint to the court about the legality of the warrant, and its
Judge is bound to make a pronouncement by a motivated decision. The
period of arrest may be extended only by a decision of the
court.
[5] Any person detained or arrested shall be promptly
informed, in a language he understands, of the grounds for his
detention or arrest, and notified of the charges against him, as
soon as practicable; the notification of the charges shall be made
only in the presence of a lawyer of his own choosing or appointed
«ex officio».
[6] The release of the person detained or arrested
shall be obligatory, if the grounds for his detention or arrest
ceased to exist.
[7] A person under preventive custody shall have
the right to apply for provisional release, under judicial control
or on bail.
[8] Any person shall be presumed innocent till found
guilty by a final decision of the court.
[9] Penalties can be
established or applied only in accordance with and on the grounds of
the law.
[1] The right to defense is guaranteed.
[2] All throughout the
trial, the parties shall have the right to be assisted by a lawyer
of their own choosing or appointed «ex officio».
[1] The right of free movement within the national territory and
abroad is guaranteed. The law shall lay down the conditions for the
exercise of this right.
[2] Every citizen is guaranteed the right
to establish his domicile or residence anywhere in the country, to
emigrate, and to return to his country.
[1] The public authorities shall respect and protect the
intimate, family and private life.
[2] Any natural person has the
right to freely dispose of himself unless by this he causes an
infringement upon the rights and freedoms of others, on public order
or morals.
[1] The domicile and the residence are inviolable. No one may
enter or remain in the domicile or residence of a person without
consent.
[2] Derogation from provisions under paragraph (1] is
permissible by law, in the following circumstances:
a] for
carrying into execution a warrant for arrest or a court
sentence;
b] to remove any danger against the life, physical
integrity or assets of a person;
c] to defend national security
or public order;
d] to prevent the spread of an epidemic.
[3]
Searches may be ordered only by a magistrate and carried out
exclusively under observance of the legal procedure.
[4] Searches
at night time shall be prohibited, except in cases of «flagrante
delicto».
Secrecy of the letters , telegrams and other postal
communications, of telephone conversations and of any other legal
means of communication is inviolable.
[1] Freedom of thought, opinion, and religious beliefs may not be
restricted in any form whatsoever. No one may be compelled to
embrace an opinion or religion contrary to his own
convictions.
[2] Freedom of conscience is guaranteed; it must be
manifested in a spirit of tolerance and mutual respect.
[3] All
religions shall be free and organized in accordance with their own
statutes, under the terms laid down by law.
[4] Any forms, means,
acts or actions of religious enmity shall be prohibited in the
relationships among the cults.
[5] Religious cults shall be
autonomous from the State and shall enjoy support from it, including
the facilitation of religious assistance in the army, in hospitals,
prisons, homes and orphanages.
[6] Parents or legal tutors have
the right to ensure, in accordance with their own convictions, the
education of the minor children whose responsibility devolves on
them.
[1] Freedom of expression of thoughts, opinions, or beliefs, and
freedom of any creation, by words, in writing, in pictures, by
sounds or other means of communication in public are
inviolable.
[2] Any censorship shall be prohibited.
[3]
Freedom of the press also involves the free setting up of
publications.
[4] No publication may be suppressed.
[5] The
law may impose upon the mass media the obligation to make public
their financing source.
[6] Freedom of expression shall not be
prejudicial to the dignity, honor, privacy of person, and the right
to one's own image.
[7] Any defamation of the country and the
nation, any instigation to a war of aggression, to national, racial,
class or religious hatred, any incitement to discrimination,
territorial separatism, or public violence, as well as any obscene
conduct contrary to morality shall be prohibited by law.
[8]
Civil liability for any information or creation made public falls
upon the publisher or producer, the author, the producer of the
artistic performance, the owner of the copying facilities, radio or
television station, under the terms laid down by law. Indictable
offenses of the press shall be established by law.
[1] A person's right of access to any information of public
interest cannot be restricted.
[2] The public authorities,
according to their competence, shall be bound to provide for correct
information of the citizens in public affairs and matters of
personal interest.
[3] The right to information shall not be
prejudicial to the protection of the young or to national
security.
[4] Public and private media shall be bound to provide
correct information to the public opinion.
[5] Public radio and
television services shall be autonomous. They must guarantee for any
important social and political group the exercise of the right to be
on the air. The organization of these services and the Parliamentary
control over their activity shall be regulated by an organic law.
[1] The right to education is provided for by the compulsory
general education, by education in high schools and vocational
schools, by higher education, as well as other forms of instruction
and post-graduate refresher courses.
[2] Education of all grades
shall be in Romanian. Education may also be conducted in a foreign
language of international use, under the terms laid down by
law.
[3] The right of persons belonging to national minorities to
learn their mother tongue, and their right to be educated in this
language are guaranteed; the ways to exercise these rights shall be
regulated by law.
[4] Public education shall be free, according
to the law.
[5] Educational establishments, including private
institutions shall be set up and conduct their activity according to
the provisions of the law.
[6] The autonomy of the Universities
is guaranteed.
[7] The State shall ensure the freedom of
religious education, in accordance with the specific requirements of
each religious cult. In public schools, religious education is
organized and guaranteed by law.
[1] The right to the protection of health is guaranteed.
[2]
The State shall be bound to take measures to ensure public hygiene
and health.
[3] The organization of the medical care and social
security system in case of sickness, accidents, maternity and
recovery, the control over the exercise of medical professions and
paramedical activities, as well as other measures to protect
physical and mental health of person shall be established according
to the law.
[1] Every citizen having attained the age of eighteen by or on
the election day shall have the right to vote.
[2] Mentally
deficient or alienated, laid under interdiction, as well as persons
disenfranchised by a final decision of the court cannot vote.
[1] Eligibility is granted to all citizens having the right to
vote, who meet the requirements in Article 16 paragraph (3), unless
they are forbidden to join a political party, in accordance with
Article 37 paragraph (3).
[2] Candidates must have attained, by
or on the election day, the age of at least twenty-three, to be
elected to the Chamber of Deputies or local administration, and at
least thirty-five, to be elected to the Senate or to the office of
President of Romania.
Public meetings, processions, demonstrations or any other
assembly shall be free and may be organized and held only
peacefully, without arms of any kind whatsoever.
[1] Citizens may freely associate into political parties, trade
unions and other forms of association.
[2] Any political parties
or organizations which, by their aims or activity, militate against
political pluralism, the principles of a State governed by the rule
of law, or against the sovereignty, integrity or independence of
Romania shall be unconstitutional.
[3] Judges of the
Constitutional Court, the Advocates of the People, magistrates,
active members of the Armed Forces, policemen and other categories
of civil servants, established by an organic law, may not join
political parties.
[4] Secret associations are prohibited.
[1] The right to work cannot be restricted. Everyone has the free
choice of profession and workplace.
[2] All employees have the
right to social protection of labor. The protecting measures concern
safety and hygiene of work, working conditions for women and the
young, the setting up of a minimum wage per economy, weekends, paid
annual leave, work carried out under hard conditions, as well as
other specific situations.
[3] The normal duration of a working
day is of maximum eight hours, on the average.
[4] On equal work
with men, women shall get equal wages.
[5] The right to
collective labor bargaining and the binding force of collective
agreements shall be guaranteed.
[1] Forced labor is prohibited.
[2] Forced labor does not
include:
a] any service of a military character or activities
performed in lieu thereof by those who, according to the law, are
exempted from compulsory military service for conscientious
objection;
b] the work of a sentenced person, carried out under
normal conditions, during detention or conditional release;
c]
any services required to deal with a calamity or any other danger,
as well as those which are part of normal civil obligations as
established by law.
[1] The employees have the right to strike in the defense of
their professional, economic and social interests.
[2] The law
shall regulate the conditions and limits governing the exercise of
this right, as well as the guarantees necessary to ensure the
essential services for the society.
[1] The right of property, as well as the debts incurring on the
State are guaranteed. The content and limitations of these rights
shall be established by law.
[2] Private property shall be
equally protected by law, irrespective of its owner. Aliens and
stateless persons may not acquire the right of property on
land.
[3] No one may be expropriated, except on grounds of public
utility, established according to the law, against just compensation
paid in advance.
[4] For projects of general interest, the public
authorities are entitled to use the subsoil of any real estate with
the obligation to pay compensation to its owner for the damages
caused to the soil, plantations or buildings, as well as for other
damages imputable to these authorities.
[5] Compensations
provided under paragraphs (3] and (4] shall be agreed upon with the
owner, or by the decision of the court when a settlement cannot be
reached.
[6] The right of property compels to the observance of
duties relating to environmental protection and ensurance of good
neighborliness, as well as of other duties incumbent upon the owner,
in accordance with the law or custom.
[7] Legally acquired assets
may not be confiscated. Legality of acquirement shall be
presumed.
[8] Any goods intended for, used or resulting from a
criminal or minor offence may be confiscated only in accordance with
the provisions of the law.
The right of inheritance is guaranteed.
[1] The State shall be bound to take measures of economic
development and social protection, of a nature to ensure a decent
living standard for its citizens.
[2] Citizens have the right to
pensions, paid maternity leave, medical care in public health
establishments, unemployment benefits, and other forms of social
care, as provided by law.
[1] The 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 ensure the upbringing, education and instruction of their
children.
[2] The terms for entering into marriage, dissolution
and nullity of marriage shall be established by law. Religious
wedding may be celebrated only after civil marriage.
[3] Children
born out of wedlock are equal before the law with those born in
wedlock.
[1] Children and the young shall enjoy special protection and
assistance in the pursuit of their rights.
[2] The State shall
grant state allowances for children and benefits for the care of
sick or disabled children. Other forms of social protection for
children and the young shall be established by law.
[3] The
exploitation of minors, their employment in activities that might be
harmful to their health, or morals, or endanger their life and
normal development are prohibited.
[4] Minors under the age of
fifteen may not be employed for any paid labor.
[5] The public
authorities are bound to contribute to secure the conditions towards
the free participation of young people in the political, social,
economic, cultural and sporting life of the country.
The disabled shall enjoy special protection. The State shall
ensure the promotion of a national policy of preventive care,
treatment, readjustment, education, instruction and social
integration of the disabled, while observing the rights and duties
of their parents or legal tutors.
[1] Citizens have the right to apply to the public authorities by
petitions formulated only in the name of the signatories.
[2]
Legally established organizations have the right to forward
petitions, exclusively on behalf of the collective body they
represent.
[3] The exercise of the right of petition shall be
tax-exempted.
[4] The public authorities are bound to answer to
petitions within terms and under conditions as established by law.
[1] Any person aggrieved in his legitimate right by an
administrative act or failure of a public authority to solve his
application within the legal term is entitled to the acknowledgment
of his right, annulment of the act and remedies for the
damage.
[2] The conditions and limits on the exercise of this
right shall be regulated by an organic law.
[3] The state bears
patrimonial liability, according to the law, for damages caused by
judicial errors in criminal cases.
[1] The exercise of certain rights or freedoms may be restricted
only by law, and only if absolutely unavoidable, as the case may be,
for: the defense of national security, public order, health or
morals, of the citizens' rights and freedoms; as required for
conducting a criminal investigation; for the prevention of the
consequences of a natural calamity or extremely grave
disaster.
[2] The restriction shall be proportional to the extent
of the situation that determined it and may not infringe upon the
existence of the respective right or freedom.
[1] Faithfulness towards the country is sacred.
[2] Citizens
holding public offices, as well as the military, are liable for the
loyal fulfillment of the obligations they are bound to, and shall,
for this purpose, take the oath as requested by law.
The observance of the Constitution, of its supremacy and of the
laws is binding.
[1] Citizens have the right and duty to defend Romania.
[2]
The military service is compulsory for all Romanian male citizens
aged twenty, except for the cases provided by law.
[3] To be
trained in the active military service, citizens may be summoned up
to the age of thirty-five.
[1] Citizens are under the obligation to contribute to public
expenditure, by taxes and duties.
[2] The legal taxation system
must ensure a fair distribution of the tax burden.
[3] Any other
dues shall be prohibited, save those determined by law, under
exceptional circumstances.
Romanian citizens, aliens and stateless persons shall exercise
their constitutional rights and freedoms in good faith, without any
infringement of the rights and liberties of others.
[1] The Advocate of the People shall be appointed by the Senate,
for a term of office of four years, to defend the citizens' rights
and freedoms. The organization and functioning of the Advocate of
the People institution shall be regulated by an organic law.
[2]
The Advocate of the People may not perform any other public or
private office.
[1] The Advocate of the People shall exercise his powers *ex
officio* or upon request by persons aggrieved in their rights and
freedoms, within limits established by law.
[2] It is binding
upon the public authorities to give the Advocate of the People the
necessary support in the exercise of his powers.
The Advocate of the People shall report before the two Parliament
Chambers, annually or on request thereof. The reports may contain
recommendations on legislation or measures of any other nature for
the defense of the citizens' rights and freedoms.
[1] Parliament is the supreme representative body of the Romanian
people and the sole legislative authority of the State.
[2]
Parliament consists of the Chamber of Deputies and the Senate.
[1] The Chamber of Deputies and the Senate shall be elected by
universal, equal, direct, secret and free suffrage, in accordance
with the electoral law.
[2] Organizations of citizens belonging
to national minorities, which fail to obtain the number of votes for
representation in Parliament, have the right to one Deputy seat
each, under the terms of the electoral law. Citizens of a national
minority are entitled to be represented by one organization
only.
[3] The number of Deputies and Senators shall be
established by the electoral law, in proportion to the population of
Romania.
[1] The Chamber of Deputies and the Senate are elected for a term
of office of four years, which may be prolonged by an organic law,
in a case of war or catastrophe.
[2] Elections to the Chamber of
Deputies and the Senate shall be held within three months from the
expiration of the term of office or Parliament dissolution.
[3]
The newly elected Parliament shall meet upon convening by the
President of Romania, within twenty days after elections.
[4] The
Chambers' term of office shall be prolonged until the new Parliament
legally meets. During this period, the Constitution may not undergo
any revision, nor may any organic law be passed, amended or
abrogated.
[5] Bills or legislative proposals entered on the
agenda of the preceding Parliament shall be carried over into the
session of the new Parliament.
[1] The organization and functioning of each Chamber shall be
regulated by its own Standing Orders. Financial resources of the
Chambers shall be provided for in the budgets approved by
them.
[2] Each Chamber shall elect its Standing Bureau. The
President of the Chamber of Deputies and the President of the Senate
shall be elected for the Chambers' term of office. The other members
of the Standing Bureaus shall be elected at the opening of each
session. The members of the Standing Bureaus may be dismissed before
the expiration 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 up
Standing Committees and may institute inquiry or other special
committees. The Chambers may set up joint committees.
[5] The
Standing Bureaus and Parliamentary Committees shall be made up so as
to reflect the political spectrum of each Chamber.
[1] The Chamber of Deputies and the Senate shall meet in
separate, and joint sessions. The proceedings in a joint session
shall be held in accordance with regulations passed by a majority
vote of the Deputies and Senators.
[2] The Chambers shall meet in
joint sessions in order:
a] to receive the message of the
President of Romania;
b] to approve the State Budget and the
State social security budget;
c] to declare general or partial
mobilization;
d] to declare a state of war;
e] to suspend or
terminate armed hostilities;
f] to examine reports of the Supreme
Council of National Defense and of the Court of Audit;
g] to
appoint, on proposal of the President of Romania, the director of
the Romanian Information Service, and to exercise control over the
activity of this Service;
h] to fulfill any other prerogatives,
which, in accordance with the Constitution or the Standing Orders,
shall be exercised in a joint session.
[1] The Chamber of Deputies and the Senate shall meet in two
ordinary sessions every year. The first session begins in February
and is due to last by the end of June at the latest. The second
session begins in September and is due to last by the end of
December at the latest.
[2] The Chamber of Deputies and the
Senate may also meet in extraordinary sessions, upon request of the
President of Romania, the Standing Bureau of each Chamber or of at
least one third of the number of Deputies or Senators.
[3] Each
Chamber shall be convened by its President.
The Chamber of Deputies and the Senate shall pass laws, and carry
resolutions and motions, in the presence of the majority of their
members.
[1] The sessions of both Chambers shall be public.
[2] The
Chambers may decide that certain sessions be secret.
[1] In the exercise of their mandate, Deputies and Senators shall
be in the service of the people.
[2] Any imperative mandate shall
be null.
[1] Deputies and Senators shall enter on the exercise of their
office on the same day the Chamber they are a member of has legally
met, on condition that their election is validated.
[2] The
capacity as a Deputy or Senator shall cease on the same day the
newly elected Chambers have legally met, or in a case of
resignation, disenfranchisement, incompatibility, or death.
[1] No one may be a Deputy and a Senator at one and the same
time.
[2] The capacity as a Deputy or Senator is incompatible
with the exercise of any public office in authority, with the
exception of Government membership.
[3] Other incompatibilities
shall be established by an organic law.
[1] No Deputy or Senator shall be detained, arrested, searched or
prosecuted for a criminal or minor offence without authorization of
the Chamber he is a member of, after being given a hearing. The case
shall be in the competence of the Supreme Court of Justice.
[2]
In the case of a Deputy or Senator being caught in the act, he may
be detained and searched. The Minister of Justice shall promptly
inform the President of the respective Chamber about the detention
and search. In case the Chamber thus notified finds no grounds for
his detention, it shall immediately order that this detainment be
repealed.
No Deputy or Senator shall be liable to judicial proceedings for
the votes cast, or political opinions expressed in the exercise of
his mandate.
Deputies and Senators shall receive monthly emoluments. The
amount of the emoluments and other rights shall be established by
law.
[1] Parliament passes constitutional, organic, and ordinary
laws.
[2] Constitutional laws shall be pertaining to the revision
of the Constitution.
[3] Organic laws shall regulate:
a] the
electoral system;
b] the organization and functioning of
political parties;
c] the organization and holding of a
referendum;
d] the organization of the Government and the Supreme
Council of National Defense;
e] the states of siege and
emergency;
f] criminal offenses, penalties and the execution
thereof;
g] granting of amnesty or collective pardon;
h] the
organization and functioning of the Superior Council of the
Magistracy, the courts, the Public Ministry and the Court of
Audit;
i] the status of civil servants;
j] contentious
business falling within the competence of administrative
courts;
k] the general legal status of property and
inheritance;
l] general rules covering labor relations, trade
unions and social security;
m] the general organization of
education;
n] general statutory rules of religious cults;
o]
the organization of local administration, of the territory, as well
as general rules on local autonomy;
p] ways and means to
establish the exclusive economic zone;
r] other fields, for which
the Constitution provides the enactment of organic laws.
[1] The legislative initiative lies with the Government,
Deputies, Senators, as well as no fewer than 250,000 citizens having
the right to vote. The citizens exercising the right to legislative
initiative must belong to at least one quarter of the country's
counties, while in each of these counties or the city of Bucharest
at least 10,000 signatures should be registered in the support of
this initiative.
[2] A legislative initiative of the citizens may
not touch on matters concerning taxation, international affairs,
amnesty or pardon.
[3] The Government shall exercise its
legislative initiative by introducing bills in one of the
Chambers.
[4] Deputies, Senators and citizens exercising the
right of legislative initiative may present proposals only in the
form required for a bill.
[5] Legislative proposals shall be
first submitted for being passed to the Chamber before which they
were read.
[1] Organic laws and resolutions concerning the Standing Orders
of each Chamber shall be passed by the majority vote of its
members.
[2] Ordinary laws and resolutions shall be passed by the
majority vote of the members present in each Chamber.
[3] On
request by the Government or on its own initiative, Parliament may
pass bills or legislative proposals under an emergency procedure,
established in accordance with the Standing Orders of each Chamber.
Bills or legislative proposals passed by one Chamber shall be
sent to the other Parliament Chamber. If the bill or legislative
proposal is rejected in the latter, it shall be sent back, for a new
debate, to the Chamber that had passed it. A second rejection is
final.
[1] If one of the Chambers has passed a bill or legislative
proposal, in a different wording from that approved by the other
Chamber, the Presidents of both Chambers shall initiate a meditation
procedure, by a parity Committee.
[2] In case no agreement can
been reached in the Committee, or one Chamber has not approved the
Mediation Committee report, the texts in conflict shall be submitted
for debate to the Chamber of Deputies and the Senate, assembled in a
joint session, that shall adopt the final text by a majority vote,
as provided under Article 74, paragraphs (1] or (2).
[1] A law shall be submitted for promulgation to the President of
Romania. Promulgation shall be given within twenty days after
receipt of the law.
[2] Before promulgation, the President of
Romania may return the law to Parliament for reconsideration, and he
may do so only once.
[3] In case the President has requested that
the law be reconsidered or a review has been asked for as to its
conformity with the Constitution, promulgation shall be made within
ten days from receiving the law passed after its reconsideration, or
the decision of the Constitutional Court confirming its
Constitutionality.
Laws shall be published in the Official Gazette of Romania and
come into force on the day of publication or the date provided in
its text.
[1] The Legislative Council shall be an advisory expert body of
Parliament, that initials draft normative acts for the purpose of a
systematic unification and coordination of the whole body of laws.
It shall keep the official record of the legislation of
Romania.
[2] The setting up, organization and functioning of the
Legislative Council shall be regulated by an organic law.
[1] The President of Romania shall represent the Romanian State
and is the safeguard of the national independence, unity and
territorial integrity of the country.
[2] The President of
Romania shall guard the observance of the Constitution and the
proper functioning of the public authorities. To this effect, he
shall act as a mediator between the Powers in the State, as well as
between the State and society.
[1] The President of Romania 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 electoral lists shall be declared elected.
[3] In
the case that no candidate has obtained such majority, a second
ballot shall be held between the first two candidates highest in the
order of the number of votes cast for them in the first ballot. The
candidate having the greatest number of votes shall be declared
elected.
[4] No one may hold the office of President of Romania
but for two terms at the most, that can also be consecutive.
[1] The election returns for the Presidency of Romania shall be
validated by the Constitutional Court.
[2] The candidate whose
election has been validated shall take before the Chamber of
Deputies and the Senate, in a joint session, the following oath: "I
solemnly swear that I will dedicate all strength and the best of my
ability for the spiritual and material welfare of the Romanian
people, to abide by the Constitution and laws of the Country, to
defend democracy, the fundamental rights and freedoms of my
fellow-citizens, Romania's sovereignty, independence, unity and
territorial integrity. So help me God!"
[1] The term of office of the President of Romania is four years,
and he shall exercise his mandate from the day he took the
oath.
[2] The President of Romania shall exercise his office
until the new President-elect takes the oath.
[3] The term of
office of the President of Romania may be prolonged, by an organic
law, in the event of war or catastrophe.
[1] During his term of office, the President of Romania may not
be a member of any political party, nor may he perform any other
public or private office.
[2] The President of Romania shall
enjoy immunity. Provisions under Article 70 shall apply
accordingly.
[3] The Chamber of Deputies and the Senate may, in a
joint session, carry a resolution upon the impeachment of the
President of Romania for high treason, by the vote of at least two
thirds of the number of Deputies and Senators. The case shall be
within the competence of the Supreme Court of Justice, according to
the provisions of the law. The President shall be removed from
office «de jure» on the date the Court sentence remains final.
[1] The President of Romania shall designate a candidate to the
office of Prime Minister and appoint the Government on the vote of
confidence of Parliament.
[2] In the event of government
reshuffle or vacancy of office, the President shall dismiss and
appoint, on the proposal of the Prime Minister, some members of the
Government.
The President of Romania may consult with the Government about
urgent, extremely important matters.
[1] The President of Romania may participate in the meetings of
the Government debating upon matters of national interest with
regard to foreign policy, the defense of the country, ensurance of
public order, and on request by the Prime Minister, in other
instances as well.
[2] The President of Romania shall preside
over the Government meetings he participates in.
The President of Romania shall address Parliament by messages on
the main political issues of the Nation.
[1] After consultation with the Presidents of both Chambers and
the leaders of the Parliamentary groups, the President of Romania
may dissolve Parliament, if no vote of confidence has been obtained
to form a government within 60 days after the first request was
made, and only after rejection of at least two requests for
investiture.
[2] During the same year, Parliament can be
dissolved only once.
[3] Parliament cannot be dissolved during
the last six months of the term of office of the President of
Romania, nor can it be dissolved during a state of siege or
emergency.
The President of Romania may, after consultation with Parliament,
ask the people of Romania to express, by referendum, its will on
matters of national interest.
[1] The President shall, in the name of Romania, conclude
international treaties negotiated by the Government, and then submit
them to Parliament for ratification, within 60 days.
[2] The
President shall, on proposal by the Government, accredit and recall
diplomatic envoys of Romania, and approve the setting up, closing
down or change in rank of diplomatic missions.
[3] Diplomatic
envoys of other states shall be accredited to the President of
Romania.
[1] The President of Romania shall be Commanderin-Chief of the
Armed Forces and preside over the Supreme Council of National
Defense.
[2] He may declare, with prior approval of Parliament,
partial or general mobilization of the Armed Forces. Only in
exceptional cases shall the decision of the President be
subsequently submitted for approval to Parliament, within five days
from adoption thereof.
[3] In the event of an armed aggression
against the country, the President of Romania shall take measures to
repel the aggression, and he shall promptly bring them to the
cognizance of Parliament, by a message. If Parliament does not sit
in a session, it shall be convened «de jure», within 24 hours from
the outbreak of the aggression.
[1] The President of Romania shall, according to the law,
institute the state of siege or emergency in the whole or part of
the country, and shall request Parliament approval of the measure
thus adopted, within five days from adoption thereof.
[2] If
Parliament does not sit in a session, it shall be convened «de jure»
within 48 hours from the institution of the state of siege or
emergency, and shall function throughout this state.
The President of Romania shall also have the following
powers:
a] to confer decorations and titles of honor;
b] to
make promotions to the ranks of marshal, general and admiral;
c]
to make appointments to public offices, under the terms provided by
law;
d] to grant individual pardon.
[1] In case of having committed grave acts infringing upon
Constitutional provisions, the President of Romania may be suspended
from office by the Chamber of Deputies and the Senate, in joint
session, by a majority vote of Deputies and Senators, and after
consultation with the Constitutional Court. The President may
explain before Parliament with regard to imputations brought against
him.
[2] The proposal of suspension from office may be initiated
by at least one third of the number of Deputies and Senators, and
the President shall be immediately notified thereof.
[3] If the
proposal of suspension from office has been approved, a referendum
shall be held within 30 days, in order to remove the President from
office.
[1] Vacancy of the office of President of Romania shall be due
upon his resignation, removal from office, permanent inability to
discharge his powers and duties, or death.
[2] Within three
months from the date when the Presidency of Romania fell vacant, the
Government shall organize elections for a new President.
[1] In case of vacancy in the office of President, or if the
President be suspended from office or be temporarily incapable to
exercise his powers, the interim shall devolve, in this order, on
the President of the Senate or the President of the Chamber of
Deputies.
[2] Powers provided for under Articles 88-90 shall not
be exercised by the Acting President during the interim office.
If the person acting as President of Romania has committed grave
acts infringing upon Constitutional provisions, Articles 95 and 97
shall be applied accordingly.
[1] In the exercise of his powers, the President of Romania shall
issue decrees, which shall be published in the Official Gazette of
Romania. Absence of publicity entails the non-existence of a
decree.
[2] The decrees issued by the President of Romania in the
exercise of his powers, as provided for under Article 91 paragraphs
(1] and (2), Article 92 paragraphs (2] and (3), Article 93 paragraph
(1), and Article 94 letters a), b] and d] shall be countersigned by
the Prime Minister.
The compensation and other rights of the President of Romania
shall be established by law.
[1] The Government shall, in accordance with its government
program accepted by Parliament, ensure the implementation of the
domestic and foreign policy of the country, and exercise the general
management of public administration.
[2] In the exercise of its
powers, the Government shall cooperate with the social bodies
concerned.
[3] The Government consists of the Prime Minister,
Ministers, and other members as established by an organic law.
[1] The President of Romania shall designate a candidate to the
office of Prime Minister, as a result of his consultation with the
party which has obtained absolute majority in Parliament, or- unless
such majority exists - with the parties represented in
Parliament.
[2] The candidate to the office of Prime Minister
shall, within ten days after his designation, seek the vote of
confidence of Parliament upon the program and complete list of the
Government.
[3] The program and list of the Government shall be
debated upon by the Chamber of Deputies and the Senate, in joint
session. Parliament shall grant confidence to the Government by a
majority vote of Deputies and Senators.
[1] The Prime Minister, Ministers and other members of the
Government shall individually take an oath before the President of
Romania, as provided for under Article 82.
[2] The Government as
a whole and each of its members shall exercise the mandate from the
date of taking the oath.
[1] Membership of the Government shall be incompatible with the
exercise of any other public office in authority, except the office
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 shall be
established by an organic law.
Membership of the Government shall cease upon resignation,
dismissal, disenfranchisement, incompatibility, death, or in any
other cases provided for by law.
[1] The Prime Minister shall direct Government actions and
co-ordinate activities of its members, under observance of the
powers and duties incumbent on them. Likewise, he shall submit to
the Chamber of Deputies or the Senate reports and statements on
Government policy, to be debated with priority.
[2] If the Prime
Minister finds himself in one of the situations provided for under
Article 105, or in case of his inability to exercise his powers, the
President of Romania shall designate another member of the
Government as interim Prime Minister, to discharge the powers of a
Prime Minister until formation of the new Government. The interim
during the inability to exercise the powers of the said office shall
cease if the Prime Minister resumes his activity in the
Government.
[3] Provisions under paragraph (2] shall apply
accordingly to the other members of the Government, on proposal by
the Prime Minister, for a period of 45 days, at the most.
[1] The Government shall adopt Decisions and Orders.
[2]
Decisions shall be issued to organize the execution of laws.
[3]
Orders shall be issued under a special enabling law, within the
limits and in conformity with the provisions thereof.
[4]
Decisions and Orders adopted by the Government shall be signed by
the Prime Minister, countersigned by the Ministers who are bound to
act to carry them into execution, and shall be published in the
Official Gazette of Romania. Absence of publicity entails non
existence of a decision or order. Decisions of a military character
shall be conveyed only to the institutions concerned.
[1] The Government is politically responsible for its entire
activity only before Parliament. Each member of the Government is
politically and jointly answerable with the others for the activity
and Acts of the Government.
[2] It is only the Chamber of
Deputies, the Senate and the President of Romania that shall have
the right to demand criminal prosecutions be taken against members
of the Government for acts committed in the exercise of their
office. If such criminal prosecution has been requested, the
President of Romania may decree that they be suspended from office.
Institution of proceedings against a member of the Government
entails suspension from office. The case shall be within the
competence of the Supreme Court of Justice.
[3] Cases of
liability, and penalties applicable to members of the Government
shall be regulated by a Law on Ministerial responsibility.
[1] The Government shall exercise its term of office until
validation of the general parliamentary elections.
[2] The
Government shall be dismissed on the date Parliament withdraws
confidence, or if the Prime Minister finds himself in one of the
situations under Article 105 or in case of his inability to exercise
powers for more than 45 days.
[3] In situations such as under
paragraph (2] provisions of Article 102 shall apply
accordingly.
[4] The Government whose term of office ceased in
accordance with paragraphs (1] and (2] shall continue to fulfill
only the acts required for the administration of public affairs,
until the members of the new Government take the oath.
[1] The Government and other agencies of Public Administration
shall, within the Parliamentary control over their activity, be
bound to present any information and documents requested by the
Chamber of Deputies, the Senate, or Parliamentary Committees,
through their respective Presidents. In case a legislative
initiative involves amendment of provisions of the State Budget or
the State social security budget, the request for information shall
be compulsory.
[2] Members of the Government are entitled to
attend the proceedings of Parliament. If they are requested to be
present, participation shall be compulsory.
[1] The Government and each of its members shall be bound to
answer to questions or interpellations raised by Deputies or
Senators.
[2] The Chamber of Deputies or the Senate may carry a
motion expressing the stand as to the issue making the point of
interpellation.
[1] The Chamber of Deputies and the Senate may, in joint session,
withdraw confidence from the Government, by carrying a motion of
censure by a majority vote of the Deputies and Senators.
[2] The
motion of censure may be initiated by at least one fourth of the
total number of Deputies and Senators, and shall be notified to the
Government upon the date of its tabling.
[3] The motion of
censure shall be debated upon three days after its presentation in
the joint session of the Chambers.
[4] If the motion of censure
fails to be passed, the Deputies and the Senators who signed it may
not submit another one during the same session, except for the case
that the Government assumes responsibility in conformity with
Article 113.
[1] The Government may assume responsibility before the Chamber
of Deputies and the Senate, in joint session, upon a program, a
general policy statement, or a bill.
[2] The Government shall be
dismissed if a motion of censure, tabled within three days from the
date of presenting the program, the general policy statement, or the
bill, has been passed in accordance with provisions under Article
112.
[3] If the Government has not been dismissed in accordance
with paragraph (2), the bill presented shall be considered as
passed, and the program or the general policy statement become
binding on the Government.
[4] In case the President of Romania
demands reconsideration of the law passed according to paragraph
(3), the debate thereon shall be carried in the joint session of
both Chambers.
[1] Parliament may pass a special law enabling the Government to
issue orders in fields outside the scope of organic laws.
[2] The
enabling law shall compulsorily establish the field and the date up
to which orders can be issued.
[3] If the enabling law so
requests, orders shall be submitted to Parliament for approval,
according to the legislative procedure, until expiration of the
enabling term. Non-compliance with the term entails discontinuation
of effectiveness of the order.
[4] In exceptional cases, the
Government may adopt emergency orders, which shall come into force
only after their submission to Parliament for approval. If
Parliament does not sit in a session, it shall obligatorily be
convened.
[5] Orders shall be approved or rejected by a law which
must also contain the orders that ceased to be effective in
accordance with paragraph (3).
[1] Ministries shall be organized only in subordination to the
Government.
[2] Other specialized agencies may be organized in
subordination to the Government or Ministries, or as autonomous
administrative authorities.
[1] Ministries shall be set up, organized, and function in
accordance with the law.
[2] The Government and Ministries may,
on the authorization of the Court of Audit, set up specialized
agencies in their subordination, but only if the law acknowledges
the competence thereof.
[3] Autonomous administrative authorities
may be established by an organic law.
[1] The Army shall be exclusively subordinated to the will of the
people, to guarantee the sovereignty, independence and unity of the
State, the Country's territorial integrity, and Constitutional
democracy.
[2] The structure of the national defense system, the
organization of the Army, the preparation of the population, economy
and territory for the defense, as well as the status of the military
shall be regulated by an organic law.
[3] Provisions under
paragraphs (1] and (2] shall apply accordingly to the police and
security services of the State, as well as to other components of
the Armed Forces.
[4] The organization of military or
paramilitary activities outside a State authority is
prohibited.
[5] No foreign troops may enter or cross the
territory of Romania but on terms established by law.
The Supreme Council of National Defense shall organize and
co-ordinate in unitary command the activities concerning the
country's defense and national security.
Public Administration in territorial-administrative units is
based on the principle of local autonomy and decentralization of
public services.
[1] The Public Administration authorities, by which local
autonomy in communes and towns is implemented, shall be the Local
Councils and Mayors elected, in accordance with the law.
[2] The
Local Councils and Mayors shall act as autonomous administrative
authorities and manage public affairs in communes and towns, in
accordance with the law.
[3] Authorities under paragraph (1] may
also be constituted in the territorial-administrative subdivisions
of municipalities.
[1] The County Council is the Public Administration authority
co-ordinating the activity of Commune and Town Councils, to carry
out the public services of county interest.
[2] The County
Council shall be elected and function in accordance with the law.
[1] The Government shall appoint a Prefect in each county and in
the City of Bucharest.
[2] The Prefect is the representative of
the Government at local level and shall direct any decentralized
public services of the Ministries and other central agencies in the
territorial-administrative units.
[3] The powers of the Prefect
shall be established by law.
[4] The Prefect may challenge, in
the administrative court, an act of the County Council, of a Local
Council, or of a Mayor, in case he deems it unlawful. The act thus
challenged shall be suspended «de jure».
[1] Justice shall be rendered in the name of the law.
[2]
Judges shall be independent and subject only to the law.
[1] Judges appointed by the President of Romania shall be
irremovable, according to the law. The President and other Judges of
the Supreme Court of Justice shall be appointed for a term of six
years, and may be reinvested in office. Promotion, transfer, and
sanctions against Judges may be decided upon only by the Superior
Council of the Magistracy, in accordance with the law.
[2] The
office of a Judge shall be incompatible with any other public or
private office, except that of an academic professorial activity.
[1] Justice shall be administered by the Supreme Court of Justice
and other courts established by law.
[2] The setting up of courts
of exception is prohibited.
[3] Competence and procedure of
courts shall be regulated by law.
Proceedings shall be public, except for the cases provided by
law.
[1] Procedure shall be conducted in Romanian.
[2] Citizens
belonging to national minorities, as well as persons who cannot
understand or speak Romanian have the right to take cognizance of
all acts and files of the case, to speak before the Court and
formulate conclusions, through an interpreter; in criminal trials,
this right shall be ensured free of charge.
Against decisions of the Court, the parties concerned and the
Public Ministry may exercise ways of appeal, in accordance with the
law.
Courts of law shall have police placed at their disposal.
[1] Within judicial activity, the Public Ministry shall represent
general interests of the society and defend legal order, as well as
the citizens' rights and freedoms.
[2] The Public Ministry shall
discharge its powers through Public Prosecutors, constituted into
public prosecutor's offices, in accordance with the law.
[1] Public Prosecutors shall carry out their activity in
accordance with the principle of legality, impartiality and
hierarchical control, under the authority of the Minister of
Justice.
[2] The office of a Prosecutor shall be incompatible
with any other public or private office, except that of an academic
professorial activity.
The Superior Council of the Magistracy shall consist of
magistrates elected for a term of four years by the Chamber of
Deputies and the Senate, in a joint session.
[1] The Superior Council of the Magistracy shall nominate Judges
and Public Prosecutors for appointment by the President of Romania,
except those on probation, in accordance with the law. In this case,
the proceedings shall be presided over by the Minister of Justice,
who shall have no right to vote.
[2] The Superior Council of the
Magistracy shall perform the role of a disciplinary council for
Judges, in which case proceedings shall be presided over by the
President of the Supreme Court of Justice.
[1] Romania's economy is a free market economy.
[2] The State
must secure:
a] a free trade, protection of loyal competition,
provision of a favorable framework in order to stimulate and value
every factor of production;
b] protection of national interests
in economic, financial and currency activity;
c] promotion of
national scientific research;
d] exploitation of natural
resources, in conformity with national interests;
e]
environmental protection and recovery, as well as preservation of
the ecological balance;
f] creation of all necessary conditions
so as to increase the quality of life.
[1] The State shall protect property.
[2] Property is public
or private.
[3] Public property belongs to the State or its
territorial-administrative units.
[4] Subsoil riches of any
nature, ways of communication, the air space, waters with hydropower
availability and those which can be used for the public interest,
beaches, territorial waters, natural resources of the economic zone
and the continental shelf, as well as other assets established by
law, shall be exclusively public property.
[5] Public-owned
assets shall be inalienable. They may be taken over for
administration by self-managed public companies or public
institutions, or may be leased or granted in concession, in
accordance with the law.
[6] Private property shall be, in
accordance with the law, inviolable.
[1] Formation, administration, use and control of the financial
resources of the State, of territorial-administrative units and
public institutions shall be regulated by law.
[2] The national
currency is the Leu, with its subdivision, the Ban.
[1] The National Public Budget shall comprise the State budget,
the State social security budget and the local budgets of communes,
towns and counties.
[2] The Government shall annually draft the
State budget and the State social security budget, which it shall
submit separately to Parliament for approval.
[3] If the Law on
the State budget and the Law on the State social security budget
fail to be passed by at least three days before expiration of the
budgetary year, the previous year's State budget and State social
security budget shall continue to be applied until adoption of the
new budgets.
[4] Local budgets shall be drafted, approved and
executed in accordance with the law.
[5] No budget expenditure
shall be approved unless its financing source has been established.
[1] Taxes, duties and any other revenue of the State budget and
State social security budget shall be established only by
law.
[2] Local taxes and duties shall be established by the local
or county Councils, within limits and under the terms of the law.
[1] The Court of Audit shall exercise control on the formation,
administration and use of the financial resources of the State and
the public sector. The Court shall also have jurisdictional powers,
as provided by law.
[2] The Court of Audit shall annually report
to Parliament on the accounts of the National Public Budget
administration in the expired budgetary year, including cases of
mismanagement.
[3] On request by the Chamber of Deputies or the
Senate, the Court of Audit shall check the management of public
resources, and report on its findings.
[4] Members of the Court
of Audit, appointed by Parliament, shall be independent and
irremovable, according to the law. They shall be subject to the
incompatibilities the law provides for Judges.
[1] The Constitutional Court consists of nine Judges, appointed
for a term of office of nine years, that cannot be prolonged or
renewed.
[2] Three Judges shall be appointed by the Chamber of
Deputies, three by the Senate, and three by the President of
Romania.
[3] Judges of the Constitutional Court shall elect, by
secret vote, the President thereof, for a term of three
years.
[4] The Constitutional Court shall be renewed by one third
every three years, in accordance with the provisions of the Court's
organic law.
Judges of the Constitutional Court must have graduated law, and
have high professional competence and at least eighteen years
experience in juristic or academic activities in law.
The office of a Judge at Constitutional Court is incompatible
with any other public or private office, except that of academic
professorial activity.
Judges of the Constitutional Court shall be independent in the
exercise of their office and irremovable during the term of office.
The Constitutional Court shall have the following powers:
- to adjudicate on the constitutionality of laws, before promulgation,
upon notification by the President of Romania, by the President of
either Chamber of Parliament, by the Government, the Supreme Court
of Justice, by a number of at least 50 Deputies or at least 25
Senators, as well as, «ex officio», on initiatives to revise the
Constitution;
- to adjudicate on the constitutionality of the
Standing Orders of Parliament, upon notification by the President of
either Chamber, by a parliamentary group or a number of at least 50
Deputies or at least 25 Senators;
- to decide on exceptions
brought to the Courts of law as to the unconstitutionality of laws
and orders;
- to guard the observance of the procedure for the
election of the President of Romania and to confirm the ballot
returns;
- to ascertain the circumstances which justify the
interim in the exercise of office of President of Romania, and to
report its findings to Parliament and the Government;
- to give
advisory opinion on the proposal to suspend the President of Romania
from office;
- to guard the observance of the procedure for the
organization and holding of a referendum, and to confirm its
returns;
- to check on compliance with the conditions for the
exercise of the legislative initiative by citizens;
- to decide
on objections of unconstitutionality of a political party.
[1] In cases of unconstitutionality, in accordance with Article
144 letters a] and b), the law or orders shall be returned for
reconsideration. If the law is passed again in the same formulation
by a majority of at least two thirds of the members of each Chamber,
the objection of unconstitutionality shall be removed, and
promulgation thereof shall be binding.
[2] Decisions of the
Constitutional Court shall be binding and effective only for the
future. They shall be published in the Official Gazette of Romania.
[1] Revision of the Constitution may be initiated by the
President of Romania on proposal of the Government, by at least one
quarter of the number of Deputies or Senators, as well as by at
least 500,000 citizens with the right to vote.
[2] The citizens
who initiate the revision of the Constitution must belong to at
least half the number of the counties in the country, and in each of
the respective counties or in the City of Bucharest, at least 20,000
signatures must be recorded in support of this initiative.
[1] The draft or proposed revision must be adopted by the Chamber
of Deputies and the Senate, by a majority of at least two thirds of
the members of each Chamber.
[2] If no agreement can be reached
by a mediation procedure, the Chamber of Deputies and the Senate
shall decide thereupon, in joint session, by the vote of at least
three quarters of the number of Deputies and Senators.
[3] The
revision shall be final after approval by a referendum held within
30 days from the date of passing the draft or proposed revision.
[1] The provisions of this Constitution with regard to the
national, independent, unitary and indivisible character of the
Romanian State, the Republican form of government, territorial
integrity, independence of the judiciary, political pluralism and
official language shall not be subject to revision.
[2] Likewise,
no revision shall be made if it results in the suppression of the
citizens fundamental rights and freedoms, or the safeguards
thereof.
[3] The Constitution shall not be revised during a state
of siege or emergency, or at wartime.
This Constitution shall come into force on the date of adoption
by referendum. On the same day, the Constitution of August 21, 1965
is and remains fully abrogated.
[1] The laws and all other normative acts shall remain in force
in so far they are not contradicting the provisions of this
Constitution.
[2] The Legislative Council shall, within 12 months
from the effective date of the Law on its organization, examine the
compliance of legislation with this Constitution and shall
accordingly advance proposals to Parliament or to the Government, as
the case may be.
[1] The Institutions of the Republic, in existence at the
effective date of this Constitution, shall remain in operation until
the setting up of the new institutions.
[2] The new Supreme Court
of Justice shall, in accordance with the law, be appointed by the
Chamber of Deputies and the Senate, in a joint session, on proposal
by the President of Romania, within six months from the effective
date of this Constitution.
[1] Within 6 months from the effective date of this Constitution,
the Constitutional Court and the Court of Audit shall be set
up.
[2] Judges of the first Constitutional Court shall be
appointed for a term of three, six and nine years respectively. The
President of Romania, the Chamber of Deputies and the Senate shall
designate one Judge each for every term.
The Constitution of Romania was adopted in the Constituent Assembly Session of November 21, 1991, and it has entered into force pursuant to its approval by the national referendum of December 8, 1991.
The text of the Constitution was published in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 233/November 21, 1991.
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