Adopted on: ۸ Dec ۱۹۹۱
Title I General Principles
Article ۱ [State Principles]
(۱) Romania is a sovereign٫ independent٫ unitary٫ and indivisible Nation State.
(۲) The form of government of the Romanian State is a Republic.
(۳) 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.
Article ۲ [Popular Sovereignty]
(۱) National sovereignty resides with the Romanian people٫ who shall exercise
it through its representative bodies and by referendum.
(۲) No group or person may exercise sovereignty in one''s own name.
Article ۳ [Territory]
(۱) The territory of Romania is inalienable.
(۲) The frontiers of the Country are sanctioned by an organic law٫ under
observance of the principles and other generally recognized regulations of
international law.
(۳) The territory is organized administratively into communes٫ towns and
counties. Some towns are declared municipalities٫ according to the provisions
of the law.
(۴) No foreign populations may be displaced or colonized in the territory of
the Romanian State.
Article ۴ [Unity٫ No Discrimination]
(۱) The State foundation is laid on the unity of the Romanian people.
(۲) 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.
Article ۵ [Citizenship]
(۱) Romanian citizenship can be acquired٫ retained or lost as provided for by
the organic law.
(۲) Romanian citizenship cannot be withdrawn if acquired by birth.
Article ۶ [Minorities]
(۱) 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.
(۲) 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.
Article ۷ [Romanians Abroad]
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.
Article ۸ [Political Parties]
(۱) Pluralism in the Romanian society is a condition and safeguard of
Constitutional democracy.
(۲) 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.
Article ۹ [unionnns]
Trade unionnns may be constituted and pursue their activities in accordance
with their own statutes٫ as provided for by law. They contribute to the defence
of the rights and promotion of the professional٫ economic٫ and social interests
of their members.
Article ۱۰ [Peaceful Relations]
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.
Article ۱۱ [International Treaties]
(۱) The Romanian State pledges to fulfil as such and in good faith its
obligations as deriving from the treaties it is a party to.
(۲) Treaties ratified by Parliament٫ according to the law٫ are part of national
law.
Article ۱۲ [State Symbols]
(۱) The flag of Romania is tricolor; the colors are arranged vertically in
the following order from the flag pole: blue٫ yellow٫ and red.
(۲) The National Day of Romania is ۱ Dec.
(۳) The National Anthem of Romania is "Awake٫ Romanians."
(۴) The country''s Coat of Arms and the Seal shall be established by organic
laws.
Article ۱۳ [Language]
In Romania٫ the official language is Romanian.
Article ۱۴ [Capital]
The Capital of Romania is the City of Bucharrrest.
Title II Fundamental Rights٫ Freedoms٫ and Duties
Chapter I General Provisions
Article ۱۵ [Rule of Law٫ No Retroactive Law]
(۱) All citizens enjoy the rights and freedoms granted to them by the
Constitution and other laws٫ and have the duties laid down thereby.
(۲) The law acts only for the future٫ with the exception of the more favorable
penal law.
Article ۱۶ [Equality٫ Public Office]
(۱) Citizens are equal before the law and public authorities٫ without any
privilege or discrimination.
(۲) No one is above the law.
(۳) 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.
Article ۱۷ [Protection Abroad]
Romanian citizens while abroad shall enjoy the protection of the Romanian State
and shall be bound to fulfil their duties٫ with the exception of those
incompatible with their absence from the country.
Article ۱۸ [Rights of Foreigners٫ Asylum]
(۱) Aliens and stateless persons living in Romania shall enjoy general
protection of person and assets٫ as guaranteed by the Constitution and other
laws.
(۲) 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.
Article ۱۹ [Expulsion٫ Extradition]
(۱) No Romanian citizen may be extradited or expelled from Romania.
(۲) Aliens and stateless persons may be extradited only in compliance with an
international covenant or in terms of reciprocity.
(۳) Expulsion or extradition shall be ruled by the Court.
Article ۲۰ [Precedence of Human Rights]
(۱) 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.
(۲) Where 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.
Article ۲۱ [Access to Courts]
(۱) Every person is entitled to bring cases before the courts for the defence
of his legitimate rights٫ liberties٫ and interests.
(۲) The exercise of this right may not be restricted by any law.
Chapter II Fundamental Rights and Freedoms
Article ۲۲ [Life٫ Personal Integrity٫ No Death Penalty]
(۱) The right to life٫ as well as the right to physical and mental integrity of
person are guaranteed.
(۲) No one may be subjected to torture or to any kind of inhuman or degrading
punishment or treatment.
(۳) The death penalty is prohibited.
Article ۲۳ [Personal Liberty٫ Arrest]
(۱) Individual freedom and security of person are inviolable.
(۲) Search٫ detainment٫ or arrest of a person shall be permitted only in the
cases and under the procedure provided by law.
(۳) Detention may not exceed twenty-four hours.
(۴) 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.
(۵) 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
charrrges against him٫ as soon as practicable; the notification of the
charrrges shall be made only in the presence of a lawyer of his own choosing
or appointed ex officio.
(۶) The release of the person detained or arrested shall be obligatory٫ if the
grounds for his detention or arrest cease to exist.
(۷) A person under preventive custody shall have the right to apply for
provisional release٫ under judicial control or on bail.
(۸) Any person shall be presumed innocent until found guilty by a final
decision of the court.
(۹) Penalties can be established or applied only in accordance with and on the
grounds of the law.
Article ۲۴ [Defence٫ Counsel]
(۱) The right to defence is guaranteed.
(۲) Throughout the trial٫ the parties shall have the right to be assisted by a
lawyer of their own choosing or appointed ex officio.
Article ۲۵ [Movement]
(۱) 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.
(۲) Every citizen is guaranteed the right to establish his domicile or
residence anywhere in the country٫ to emigrate٫ and to return to his country.
Article ۲۶ [Privacy]
(۱) The public authorities shall respect and protect the intimate٫ family٫ and
private life.
(۲) 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.
Article ۲۷ [Home]
(۱) The domicile and the residence are inviolable. No one may enter or remain
in the domicile or residence of a person without consent.
(۲) Derogation from provisions under Paragraph (۱) is permissible by law٫ in
the following circumstances:
a) for carrying into execccution a warrant of 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; and
d) to prevent spreading of epidemics.
(۳) Searches may be ordered only by a magistrate and carried out exclusively
under observance of the legal procedure.
(۴) Searches at night time shall be prohibited٫ except in cases of flagrante
delicto.
Article ۲۸ [Secrecy of Communication]
Secrecy of the letters٫ telegrams٫ and other postal communications٫ of
telephone conversations٫ and of any other legal means of communication is
inviolable.
Article ۲۹ [Religion]
(۱) 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.
(۲) Freedom of conscience is guaranteed; it must be manifested in a spirit
of tolerance and mutual respect.
(۳) All religions shall be free and organized in accordance with their own
statutes٫ under the terms laid down by law.
(۴) Any forms٫ means٫ acts٫ or actions of religious enmity shall be prohibited
in the relationships among the cults.
(۵) Religious cults shall be independent from the State and shall enjoy support
from it٫ including the facilitation of religious assistance in the army٫ in
hospitals٫ prisons٫ homes٫ and orphanages.
(۶) 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.
Article ۳۰ [Expression]
(۱) 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.
(۲) Any censorship shall be prohibited.
(۳) Freedom of the press also involves the free setting up of publications.
(۴) No publication may be suppressed.
(۵) The law may impose upon the mass media the obligation to publicize their
financing source.
(۶) Freedom of expression shall not be prejudicial to the dignity٫ honor٫ and
privacy of person٫ and the right to one''s own image.
(۷) 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.
(۸) 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.
Article ۳۱ [Information٫ Media Participation]
(۱) A person''s right of access to any information of public interest cannot
be restricted.
(۲) 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.
(۳) The right to information shall not be prejudicial to the protection of the
young or to national security.
(۴) Public and private media shall be bound to provide correct information to
the public opinion.
(۵) 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.
Article ۳۲ [Education]
(۱) 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 courses for refreshing
education.
(۲) 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.
(۳) 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.
(۴) Public education shall be free٫ according to the law.
(۵) Educational establishments٫ including private institutions shall be set up
and conduct their activity according to the provisions of the law.
(۶) The autonomy of the Universities is guaranteed.
(۷) 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.
Article ۳۳ [Health]
(۱) The right to the protection of health is guaranteed.
(۲ The State shall be bound to take measures to ensure public hygiene and
health.
(۳) 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.
Article ۳۴ [Electoral Rights]
(۱) Every citizen havinggg attained the age of eighteen by or on the election
day shall have the right to vote.
(۲) Mentally deficient or alienated٫ laid under interdiction٫ as well as
persons disenfranchised by a final decision of the court cannot vote.
Article ۳۵ [Eligibility]
(۱) Eligibility is granted to all citizens havinggg the right to vote٫ who
meet the requirements in Article ۱۶ (۳)٫ unless they are forbidden to join a
political party٫ in accordance with Article ۳۷ (۳).
(۲) 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.
Article ۳۶ [Assembly]
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.
Article ۳۷ [Association٫ Political Parties٫ unionnns]
(۱) Citizens may freely associate into political parties٫ trade unionnns٫ and
other forms of association.
(۲) 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.
(۳) 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.
(۴) Secret associations are prohibited.
Article ۳۸ [Work]
(۱) The right to work cannot be restricted. Everyone has the free choice of
profession and workplace.
(۲) 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.
(۳) The normal duration of a working day is of maximum eight hours٫ on the
average.
(۴) On equal work with men٫ women shall get equal wages.
(۵) The right to collective labor bargaining and the binding force of
collective agreements shall be guaranteed.
Article ۳۹ [No Forced Labor]
(۱) Forced labor is prohibited.
(۲) Forced labor does not include:
a) any service of a military charrracter or activities performed by those who٫
according to the law٫ are exempted from
compulsory military service for conscientious objectttion;
b) the work of a sentenced person٫ carried out under normal conditions٫ during
detention or conditional release; and
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.
Article ۴۰ [Strike]
(۱) The employees have the right to strike in the defence of their
professional٫ economic٫ and social interests.
(۲) 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.
Article ۴۱ [Property٫ Foreigners'' Restrictions]
(۱) 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.
(۲) Private property shall be equally protected by law٫ irrespective of its
owner. Foreigners and stateless persons may not acquire the right of property
on land.
(۳) No one may be expropriated٫ except on grounds of public utility٫
established according to the law against just compensation paid in advance.
(۴) 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.
(۵) Compensations provided under Paragraph (۳) and (۴) shall be agreed upon
with the owner٫ or by the decision of the court when a settlement cannot be
reached.
(۶) The right of property compels to the observance of duties relating to
environmental protection and ensurance of neighborliness٫ as well as of other
duties incumbent upon the owner٫ in accordance with the law or custom.
(۷) Legally acquired assets may not be confiscated. Legality of acquirement
shall be presumed.
(۸) Any goods in ended for٫ used or resulting from a criminal or minor offence
may be confiscated only in accordance with the provisions of the law.
Article ۴۲ [Inheritance]
The right of inheritance is guaranteed.
Article ۴۳ [Social Care٫ Welfare]
(۱) 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.
(۲) 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.
Article ۴۴ [Family]
(۱) 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.
(۲) 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.
(۳) Children born out of wedlock are equal before the law with those born in
wedlock.
Article ۴۵ [Children٫ Youths]
(۱) Children and the young shall enjoy special protection and
assistance in the pursuit of their rights.
(۲) 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.
(۳) 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.
(۴) Minors under the age of fifteen may not be employed for any paid labor.
(۵) 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.
Article ۴۶ [Disabled]
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.
Article ۴۷ [Petition]
(۱) Citizens have the right to apply to the public authorities by petitions
formulated only in the name of the signatories.
(۲) Legally established organizations have the right to forward petitions٫
exclusively on behalf of the collective body they represent.
(۳) The exercise of the right of petition shall be tax-exempted.
(۴) The public authorities are bound to answer to petitions within terms and
under conditions as established by law.
Article ۴۸ [State Liability]
(۱) 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 acknowledgement of his right٫ annulment of the act٫ and
remedies for the damage.
(۲) The conditions and limits on the exercise of this right shall be regulated
by an organic law.
(۳) The state bears patrimonial liability٫ according to the law٫ for damages
caused by judicial errors in criminal cases.
Article ۴۹ [Restrictions]
(۱) 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 defence of national security٫ public order٫ health or morals٫ of the
citizens'' rights and freedoms;
– as required for conducting a criminal investigation; and
– for the prevention of the consequences of a natural calamity or extremely
grave disaster.
(۲) 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.
Chapter III Fundamental Duties
Article ۵۰ [Public Office]
(۱) Faithfulness towards the country is sacred.
(۲) 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.
Article ۵۱ [Observance of Laws]
The observance of the Constitution٫ of its supremacy٫ and of the laws is
binding.
Article ۵۲ [Defence٫ Military Service]
(۱) Citizens have the right and duty to defend Romania.
(۲) The military service is compulsory for all Romanian male citizens aged
twenty٫ except for the cases provided by law.
(۳) To be trained in the active military service٫ citizens may be
conscripttted up to the age of thirty-five.
Article ۵۳ [Taxes]
(۱) Citizens are under the obligation to contribute to public expenditure by
taxes and duties.
(۲) The legal taxation system must ensure a fair distribution of the tax
burden.
(۳) Any other dues shall be prohibited٫ save those determined by law٫ under
exceptional circumstances.
Article ۵۴ [Right of Others]
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.
Chapter IV Advocate of the People
Article ۵۵ [Ombudsman]
(۱) 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.
(۲) The Advocate of the People may not perform any other public or private
office.
Article ۵۶ [Powers]
(۱) The Advocate of the People exercises his powers ex officio or upon request
by persons aggrieved in their rights and freedoms٫ within limits established by
law.
(۲) It is binding upon the public authorities to give the Advocate of the
People the necessary support in the exercise of his powers.
Article ۵۷ [Report]
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 defence of the citizens''
rights and freedoms.
Title III Public Authorities
Chapter I Parliament
Section ۱ Organization and Functioning
Article ۵۸ [Power٫ Two Chambers]
(۱) Parliament is the supreme representative body of the Romanian people and
the sole legislative authority of the Country.
(۲) Parliament consists of the Chamber of Deputies and the Senate.
Article ۵۹ [Election٫ National Minorities]
(۱) The Chamber of Deputies and the Senate are elected by universal٫ equal٫
direct٫ secret٫ and free suffrage٫ in accordance with the electoral law.
(۲) 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.
(۳) The number of Deputies and Senators shall be established by the electoral
law٫ in proportion to the population of Romania.
Article ۶۰ [Term٫ First Session٫ Transition of Parliaments]
(۱) 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.
(۲) 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.
(۳) The newly elected Parliament shall meet upon convening by the President of
Romania٫ within twenty days after elections.
(۴) 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.
(۵) Bills or legislative proposals entered on the agenda of the preceding
Parliament shall be carried over into the session of the new Parliament.
Article ۶۱ [Standing Orders٫ Organization]
(۱) 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.
(۲) 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.
(۳) Deputies and Senators may be organized into Parliamentary Groups according
to the Standing Orders of each Chamber.
(۴) Each Chamber shall set up Standing Committees and may institute inquiry or
other special committees. The Chambers may set up joint committees.
(۵) The Standing Bureaus and Parliamentary Committees shall be made up so as to
reflect the political spectrum of each Chamber.
Article ۶۲ [Joint Tasks]
(۱) 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.
(۲) 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 Defence 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; and
h) to fulfil any other prerogatives٫ which٫ in accordance with the Constitution
or the Standing Orders٫ shall be exercised in a joint session.
Article ۶۳ [Ordinary and Extraordinary Sessions]
(۱) 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.
(۲) 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.
(۳) Each Chamber shall be convened by its President.
Article ۶۴ [Majority]
The Chamber of Deputies and the Senate shall pass laws٫ and carry resolutions
and motions٫ in the presence of the majority of their members.
Article ۶۵ [Publicity]
(۱) The sessions of both Chambers shall be public.
(۲) The Chambers may decide that certain sessions be secret.
Section ۲ Status of Deputies and Senators
Article ۶۶ [Free Mandate]
(۱) In the exercise of their mandate٫ Deputies and Senators shall be in the
service of the people.
(۲) Any imperative mandate shall be null.
Article ۶۷ [Beginning and End of Mandate]
(۱) 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.
(۲) 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.
Article ۶۸ [Incompatibilities]
(۱) No one may be a Deputy and a Senator at one and the same time.
(۲) The capacity as a Deputy or Senator is incompatible with the exercise of
any public office in authority٫ with the exception of Government membership.
(۳) Other incompatibilities shall be established by an organic law.
Article ۶۹ [Immunity]
(۱) 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.
(۲) In the case of flagrante delicto٫ 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.
Article ۷۰ [Indemnity]
No Deputy or Senator shall be liable to judicial proceedings for the votes
cast٫ or political opinions expressed in the exercise of his mandate.
Article ۷۱ [Remuneration]
Deputies and Senators shall receive monthly emoluments. The amount of the
emoluments and other rights shall be established
by law.
Section ۳ Legislation and Procedure
Article ۷۲
(۱) Parliament passes constitutional٫ organic٫ and ordinary laws.
(۲) Constitutional laws shall be pertaining to the revision of the
Constitution.
(۳) 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
Defence;
e) the states of siege and emergency;
f) criminal offenses٫ penalties٫ and the execccution 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 unionnns٫ 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; and
r) other fields٫ for which the Constitution provides the enactment of organic
laws.
Article ۷۳ [Initiative٫ Public Initiative]
(۱) The legislative initiative lies with the Government٫ Deputies٫ Senators٫ as
well as no fewer than ۲۵۰٫۰۰۰ citizens havinggg 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 Bucharrrest at least ۱۰٫۰۰۰ signatures should be registered in the
support of this initiative.
(۲) A legislative initiative of the citizens may not touch on matters
concerning taxation٫ international affairs٫ amnesty٫ or pardon.
(۳) The Government shall exercise its legislative initiative by introducing
bills in one of the Chambers.
(۴) Deputies٫ Senators٫ and citizens exercising the right of legislative
initiative may present proposals only in the form required for a bill.
(۵) Legislative proposals shall be first submitted for being passed to the
Chamber before which they were read.
Article ۷۴ [Majority٫ Emergency Procedure]
(۱) Organic laws and resolutions concerning the Standing Orders of each Chamber
shall be passed by the majority vote of its members.
(۲) Ordinary laws and resolutions shall be passed by the majority vote of the
members present in each Chamber.
(۳) 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.
Article ۷۵ [Rejection by Chamber]
Bills or legislative proposals passed by one Chamber shall be sent to the other
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.
Article ۷۶ [Mediation]
(۱) 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.
(۲) In case no agreement can be 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 ۷۴ (۱) or (۲).
Article ۷۷ [Promulgation]
(۱) A law shall be submitted for promulgation to the President of Romania.
Promulgation shall be given within twenty days after receipt of the law.
(۲) Before promulgation٫ the President of Romania may return the law to
Parliament for reconsideration٫ and he may do so only once.
(۳) In case the President has requested that the law be reconsidered or a
review has been asked about 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.
Article ۷۸ [Publication]
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.
Article ۷۹ [Legislative Council]
(۱) 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.
(۲) The setting up٫ organization٫ and functioning of the Legislative Council
shall be regulated by an organic law.
Chapter II The President of Romania
Article ۸۰ [Representation٫ Mediator of Powers]
(۱) The President of Romania shall represent the Romanian State and is the
safeguard of the national independence٫ unity٫ and territorial integrity of the
country.
(۲) 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.
Article ۸۱ [Election]
(۱) The President of Romania shall be elected by universal٫ equal٫ direct٫
secret٫ and free suffrage.
(۲) The candidate who٫ in the first ballot٫ obtained a majority of votes of the
electors entered on the electoral lists shall be declared elected.
(۳) 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 havinggg the greatest number of votes shall be declared elected.
(۴) No one may hold the office of President of Romania but for two terms at the
most٫ that can also be consecutive.
Article ۸۲ [Validation٫ Oath]
(۱) The election returns for the Presidency of Romania shall be validated by
the Constitutional Court.
(۲) 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!"
Article ۸۳ [Term]
(۱) 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.
(۲) The President of Romania shall exercise his office until the new
President-elect takes the oath.
(۳) The term of office of the President of Romania may be prolonged٫ by an
organic law٫ in the event of war or catastrophe.
Article ۸۴ [Incompatibility٫ Immunity٫ Indemnity٫ Impeachment]
(۱) 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.
(۲) The President of Romania shall enjoy immunity. Provisions under Article ۷۰
shall apply accordingly.
(۳) 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.
Article ۸۵ [Prime Minister]
(۱) 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.
(۲) In the event of government modification or vacancy of office٫ the President
shall dismiss and appoint٫ on the proposal of the Prime Minister٫ some members
of the Government.
Article ۸۶ [President-Government Consultation]
The President of Romania may consult with the Government about urgent٫
extremely important matters.
Article ۸۷ [President in Government]
(۱) The President of Romania may participate in the meetings of the Government
debating upon matters of national interest with regard to foreign policy٫ the
defence of the country٫ ensurance of public order٫ and on request by the Prime
Minister٫ in other instances as well.
(۲) The President of Romania shall preside over the Government meetings he
participates in.
Article ۸۸ [Addressing Parliament]
The President of Romania shall address Parliament by messages on the main
political issues of the Nation.
Article ۸۹ [Dissolution of Government]
(۱) After consultation with the Presidents of both Chambers and the leaders of
the Parliamentary groups٫ the President of Romania may dissolve the Parliament٫
if no vote of confidence has been obtained to form a government within ۶۰ days
after the first request was made٫ and only after rejection of at least two
requests for investiture.
(۲) During the same year٫ Parliament can be dissolved only once.
(۳) 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.
Article ۹۰ [Initiating Referendum]
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.
Article ۹۱ [Treaties٫ Diplomacy]
(۱) The President shall٫ in the name of Romania٫ conclude international
treaties negotiated by the Government٫ and then submit them to Parliament for
ratification within ۶۰ days.
(۲) 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.
(۳) Diplomatic envoys of other states shall be accredited to the President of
Romania.
Article ۹۲ [Commander-in-Chief]
(۱) The President of Romania shall be Commander-in-Chief of the Armed Forces
and preside over the Supreme Council of National Defence
(۲) 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.
(۳) 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 ۲۴ hours from the
outbreak of the aggression.
Article ۹۳ [Siege٫ Emergency]
(۱) 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.
(۲) If Parliament does not sit in a session٫ it shall be convened de jure
within ۴۸ hours from the institution of the state of siege or emergency٫ and
shall function throughout this state.
Article ۹۴ [Presidential Powers]
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;
and
d) to grant individual pardon.
Article ۹۵ [Impeachment]
(۱) In case of havinggg 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.
(۲) 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.
(۳) If the proposal of suspension from office has been approved٫ a referendum
shall be held within ۳۰ days٫ in order to remove the President from office.
Article ۹۶ [Vacancy]
(۱) Vacancy of the office of President of Romania shall be due upon his
resignation removal from office٫ permanent inability to discharrrge his powers
and duties٫ or death.
(۲) Within three months from the date when the Presidency of Romania fell
vacant the Government shall organize elections for a new President.
Article ۹۷ [Preliminary Presidency]
(۱) 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.
(۲) Powers provided for under Articles ۸۸-۹۰ shall not be exercised by the
acting President during the interim office.
Article ۹۸ [Violation of Constitution]
If the person acting as President of Romania has committed grave acts
infringing upon Constitutional provisions٫ Articles ۹۵ and ۹۷ shall be applied
accordingly.
Article ۹۹
(۱) 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.
(۲) The decrees issued by the President of Romania in the exercise of his
powers٫ as provided for under Article ۹۱ (۱) and (۲)٫ ۹۲ (۲) and (۳)٫ ۹۳ (۱)٫
and ۹۴ (a)٫ (b) and (d) shall be countersigned by the Prime Minister.
Article ۱۰۰ [Remuneration]
The compensation and other rights of the President of Romania shall be
established by law.
Chapter III The Government
Article ۱۰۱ [Government]
(۱) 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.
(۲) In the exercise of its powers٫ the Government shall co-operate with the
social bodies concerned.
(۳) The Government consists of the Prime Minister٫ Ministers٫ and other members
as established by an organic law.
Article ۱۰۲ [Designation of Prime Minister]
(۱) 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.
(۲) 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.
(۳) The program and list of the Government shall be debated upon by the Chamber
of Deputies and Senate in joint session. Parliament shall grant confidence to
the Government by a majority vote of Deputies and Senators.
Article ۱۰۳ [Oath]
(۱) 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 ۸۲.
(۲) The Government as a whole and each of its members shall exercise the
mandate from the date of taking the oath.
Article ۱۰۴ [Incompatibilities]
(۱) 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.
(۲) Other incompatibilities shall be established by an organic law.
Article ۱۰۵ [End of Membership]
Membership of the Government shall cease upon resignation٫ dismissal٫
disenfranchisement٫ incompatibility٫ death٫ or in any other cases provided by
law.
Article ۱۰۶ [Powers٫ Interim Government]
(۱) 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.
(۲) If the Prime Minister finds himself in one of the situations provided for
under Article ۱۰۵٫ 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 discharrrge 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.
(۳) Provisions under Paragraph (۲) shall apply accordingly to the other members
of the Government٫ on proposal by the Prime Minister٫ for a period of ۴۵ days٫
at the most.
Article ۱۰۷ [Decisions and Orders]
(۱) The Government shall adopt Decisions and Orders.
(۲) Decisions shall be issued to organize the execccution of laws.
(۳) Orders shall be issued under a special enabling law٫ within the limits and
in conformity with the provisions thereof.
(۴) 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 execccution٫ and shall be published in the Official Gazette of Romania.
Non-publishing entails non-existence of a decision or order. Decisions of a
military charrracter shall be conveyed only to the institutions concerned.
Article ۱۰۸ [Responsibility٫ Impeachment]
(۱) 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.
(۲) 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.
(۳) Cases of liability٫ and penalties applicable to members of the Government
shall be regulated by a law on Ministerial responsibility.
Article ۱۰۹
(۱) The Government shall exercise its term of office until validation of the
general parliamentary elections.
(۲) The Government shall be dismissed on the date Parliament withdraws
confidence granted٫ or if the Prime Minister finds himself in one of the
situations under Article ۱۰۵ or in case of his impossibility to exercise his
powers for more than ۴۵ days.
(۳) ln situations such as under Paragraph (۲)٫ provisions of Article ۱۰۲ shall
apply accordingly.
(۴) The Government whose term of office ceased in accordance with Paragraphs
(۱) and (۲) shall continue to fulfil only the acts required for the
administration of public affairs٫ until the members of the new Government take
the oath.
Chapter IV Relations between Parliament and the Government
Article ۱۱۰ [Information٫ Presence]
(۱) 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.
(۲) Members of the Government are entitled to attend the proceedings of
Parliament. If they are requested to be present٫ participation shall be
compulsory.
Article ۱۱۱ [Interpellations]
(۱) The Government and each of its members shall be bound to answer to
questions or interpellations raised by Deputies or Senators.
(۲) The Chamber of Deputies or the Senate may carry a motion expressing the
stand as to the issue making the point of interpellation.
Article ۱۱۲ [Motion of Censure]
(۱) The Chamber of Deputies and the Senate may٫ in joint session٫ withdraw
confidence granted to the Government٫ by carrying a motion of censure by a
majority vote of the Deputies and Senators.
(۲) 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.
(۳) The motion of censure shall be debated upon three days after its
presentation in the joint session of the Chambers.
(۴) 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
۱۱۳.
Article ۱۱۳ [Issue of Confidence]
(۱) 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.
(۲) 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 ۱۱۲.
(۳) If the Government has not been dismissed in accordance with Paragraph (۲)٫
the bill presented shall be considered as passed٫ and the program or the
general policy statement become binding on the Government.
(۴) In case the President of Romania demands reconsideration of the law passed
according to Paragraph (۳)٫ the debate thereon shall be carried in the joint
session of both Chambers.
Article ۱۱۴ [Enabling Law]
(۱) Parliament may pass a special law enabling the Government to issue orders
in fields outside the scope of organic laws.
(۲) The enabling law shall compulsorily establish the field and the date up to
which orders can be issued.
(۳) 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.
(۴) 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.
(۵) Orders shall be approved or rejected by a law which must also contain the
orders that ceased to be effective in accordance with Paragraph (۳).
Chapter V Public Administration
Section ۱ Specialized Central Public Administration
Article ۱۱۵ [Hierarchical Administration]
(۱) Ministries shall be organized only in subordination to the Government.
(۲) Other specialized agencies may be organized in subordination to the
Government or Ministries٫ or as autonomous administrative authorities.
Article ۱۱۶ [Rule of Law]
(۱) Ministries shall be set up٫ organized٫ and function in accordance with the
law.
(۲) 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.
(۳) Autonomous administrative authorities may be established by an organic law.
Article ۱۱۷ [Armed Forces٫ Police]
(۱) The Armed Forces 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.
(۲) The structure of the national defence system٫ the organization of the Army٫
the preparation of the population٫ economy and territory for the defence٫ as
well as the status of the military shall be regulated by an organic law.
(۳) Provisions under Paragraphs (۱) and (۲) shall apply accordingly to the
police and security services of the State٫ as well as to other components of
the Armed Forces.
(۴) The organization of military or para-military activities outside a State
authority is prohibited.
(۵) No foreign troops may enter or cross the territory of Romania but on terms
established by law.
Article ۱۱۸ [Supreme Council on National Defence]
The Supreme Council of National Defence shall organize and co-ordinate in
unitary command the activities concerning the country''s defence and national
security.
Section ۲ Local Public Administration
Article ۱۱۹ [Decentralization]
Public Administration in territorial-administrative units is based on the
principle of local autonomy and decentralization of public services.
Article ۱۲۰ [Local Councils٫ Mayors]
(۱) 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.
(۲) The Local Councils and Mayors shall act as autonomous administrative
authorities and manage public affairs in communes and towns٫ in accordance with
the law.
(۳) Authorities under Paragraph (۱) may also be constituted in the
territorial-administrative subdivisions of municipalities.
Article ۱۲۱ [County Council]
(۱) 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.
(۲) The County Council shall be elected and function in accordance with the
law.
Article ۱۲۲ [Prefect]
(۱) The Government shall appoint a Prefect in each county and in the City of
Bucharrrest.
(۲) 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 unit.
(۳) The powers of the Prefect shall be established by law.
(۴) 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.
Chapter VI Judicial Authority
Section ۱ Courts of Law
Article ۱۲۳ [Independence]
(۱) Justice shall be rendered in the name of the law.
(۲) Judges shall be independent and subject only to the law.
Article ۱۲۴ [Judges'' Office]
(۱) 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 re-invested 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.
(۲) The office of a Judge shall be incompatible with any other public or
private office٫ except that of an academic professorial activity.
Article ۱۲۵ [Courts]
(۱) Justice shall be administered by the Supreme Court of Justice and other
courts established by law.
(۲) The setting up of courts of exception is prohibited.
(۳) Competence and procedure of courts shall be regulated by law.
Article ۱۲۶ [Publicity]
Proceedings shall be public٫ except for the cases provided by law.
Article ۱۲۷ [Court Language]
(۱) Procedure shall be conducted in Romanian.
(۲) 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 charrrge.
Article ۱۲۸ [Appeal]
Against decisions of the Court٫ the parties concerned and the Public Ministry
may exercise ways of appeal٫ in accordance with the law.
Article ۱۲۹ [Court Police]
Courts of law shall have police placed at their disposal.
Section ۲ The Public Ministry
Article ۱۳۰ [Prosecutors]
(۱) 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.
(۲) The Public Ministry shall discharrrge its powers through Public
Prosecutors٫ constituted into public prosecutor''s offices٫ in accordance
with the law.
Article ۱۳۱ [Office of Prosecutor]
(۱) 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.
(۲) The office of a Prosecutor shall be incompatible with any other public or
private office٫ except that of an academic professorial activity.
Section ۳ Superior Council of the Magistracy
Article ۱۳۲ [Term]
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.
Article ۱۳۳ [Tasks]
(۱) 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.
(۲) 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.
Title IV Economy and Public Finance
Article ۱۳۴ [Free Market Economy]
(۱) Romania''s economy is a free market economy.
(۲) 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; and
f) creation of all necessary conditions so as to increase the quality of life.
Article ۱۳۵ [Protection of Property٫ Public Property]
(۱) The State shall protect property.
(۲) Property is public or private.
(۳) Public property belongs to the State or its territorial-administrative
units.
(۴) Subsoil riches of any nature٫ ways of communication٫ the air space٫ waters
with hydropppower availabilities٫ 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٫ are
exclusively public property.
(۵) Public-owned assets are 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.
(۶) Private property shall be٫ in accordance with the law٫ inviolable.
Article ۱۳۶ [Finances٫ Currency]
(۱) Formation٫ administration٫ use٫ and control of the financial resources of
the State٫ of territorial-administrative units٫ and public institutions shall
be regulated by law.
(۲) The national currency is the leu٫ with its subdivision٫ the Ban.
Article ۱۳۷ [Budgets]
(۱) The National Public Budget shall comprise the State budget٫ the State
social security budget٫ and the local budgets of communes٫ towns٫ and counties.
(۲) The Government shall annually draft the State budget and the State social
security budget٫ which it shall submit separately to Parliament for approval.
(۳) 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.
(۴) Local budgets shall be drafted٫ approved٫ and execccuted in accordance
with the law.
(۵) No budget expenditure shall be approved unless its financing source has
been established.
Article ۱۳۸ [Taxation by Law]
(۱) Taxes٫ duties and any other revenue of the State budget and State social
security budget shall be established only by law.
(۲) Local taxes and duties shall be established by the local or
county Councils٫ within limits and under the terms of the law.
Article ۱۳۹ [Court of Audit]
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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.
Title V Constitutional Court
Article ۱۴۰ [Limited Term]
(۱) The Constitutional Court consists of nine Judges٫ appointed for a term of
office of nine years٫ that cannot be prolonged or renewed.
(۲) Three Judges shall be appointed by the Chamber of Deputies٫ three by the
Senate٫ and three by the President of Romania.
(۳) Judges of the Constitutional Court shall elect٫ by secret vote٫ the
President thereof٫ for a term of three years.
(۴) The Constitutional Court shall be renewed by one third every three years٫
in accordance with the provisions of the Court''s organic law.
Article ۱۴۱ [Eligibility]
Judges of the Constitutional Court must have graduated in law٫ and have high
professional competence and at least eighteen years experience in juristical or
academic activities in law.
Article ۱۴۲ [Incompatibilities]
The office of a Judge at Constitutional Court is incompatible with any other
public or private office٫ except that of academic professorial activity.
Article ۱۴۳ [Independence]
Judges of the Constitutional Court shall be independent in the exercise of
their office and irremovable during the term of office.
Article ۱۴۴ [Powers]
The Constitutional Court shall have the following powers: a) 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 ۵۰ Deputies
or at least ۲۵ Senators٫ as well as٫ ex officio٫ on initiatives to revise the
Constitution; b) 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 ۵۰ Deputies or at least ۲۵
Senators; c) to decide on exceptions brought to the Courts of law as to the
unconstitutionality of laws and orders; d) to guard the observance of the
procedure for the election of the President of Romania and to confirm the
ballot returns;
e) 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;
f) to give advisory opinion on the proposal to suspend the President of Romania
from office;
g) to guard the observance of the procedure for the organization and holding of
a referendum٫ and to confirm its returns;
h) to check on compliance with the conditions for the exercise of the
legislative initiative by citizens; and
j) to decide on objectttions of unconstitutionality of a political party.
Article ۱۴۵ [Procedure in Cases of Unconstitutionality]
(۱) In cases of unconstitutionality٫ in accordance with Article ۱۴۴ (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 objectttion of unconstitutionality shall be
removed٫ and promulgation thereof shall be binding.
(۲) Decisions of the Constitutional Court shall be binding and effective only
for the future. They shall be published in the Official Gazette of Romania.
Title VI Revision of the Constitution
Article ۱۴۶ [Initiative]
(۱) 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 ۵۰۰٫۰۰۰ citizens with the right to
vote.
(۲) 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 Bucharrrest٫ at least ۲۰٫۰۰۰ signatures
must be recorded in support of this initiative.
Article ۱۴۷ [Majority٫ Referendum]
(۱) 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.
(۲) 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.
(۳) The revision shall be final after approval by a referendum held within ۳۰
days from the date of passing the draft or proposed revision.
Article ۱۴۸ [Limits to Amendment]
(۱) The provisions of this Constitution with regard to the national٫
independent٫ unitary٫ and indivisible charrracter 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.
(۲) Likewise٫ no revision shall be made if it results in the suppression of the
citizens fundamental rights and freedoms٫ or the safeguards thereof.
(۳) The Constitution shall not be revised during a state of siege or emergency
or at wartime
Title VII Final and Transitory Provisions
Article ۱۴۹ [Old Constitution]
This Constitution shall come into force on the date of adoption by referendum.
On the same day٫ the Constitution of ۲۱ Aug ۱۹۶۵ is and remains fully
abrogated.
Article ۱۵۰ [Old Law]
(۱) The laws and all other normative acts shall remain in force in so far they
are not contradicting the provisions of this Constitution.
(۲) The Legislative Council shall٫ within ۱۲ 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.
Article ۱۵۱ [Institutions]
(۱) 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.
(۲) 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.
Article ۱۵۲ [Courts]
(۱) Within ۶ months from the effective date of this Constitution٫ the
Constitutional Court and the Court of Audit shall be set up.
(۲) 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.