CONSTITUTION OF ROMANIA
THE CONSTITUTION OF ROMANIA WAS ADOPTED IN THE CONSTITUENT
ASSEMBLY SESSION OF NOVEMBER 21, 1991 AND ENTERED INTO FORCE
PURSUANT TO ITS APPROVAL BY THE NATIONAL REFERENDUM OF DECEMBER
TITLE I - General principles
- Romania is a sovereign, independent, unitary and indivisible National State.
- The form of government of the Romanian State is a Republic.
- Romania is a democratic and social State governed by the rule of law,
in which humain dignity, the citizens' rights and freedoms, the free development
of human personality, justice and political pluralism represent supreme values and shall be guaranteed.
- National sovereignty resides with the Romaian people, who shall exercise it
through its representative bodies and by referendum.
- No group or person may exercise sovereignty in one's own name.
- The territory of Romania is inalienable.
- The frontiers of the Country are sanctioned by an organic law,
under observances of the principles and other generally recognized regulations of international law.
- The territory is organized administratively into communes, towns and counties.
Some towns are declared municipalities, according to the provisions of the law.
- No foreign populations may be displaced or colonized on the territory of the Romanian State.
Unity of the people and equality among citizens
- The State foundation is laid on the unity of the Romanian people.
- 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.
- Romanian citizenship can be acquired, retained or lost as
provided by the organic law.
- Romanian citizenship cannot be withdrawn if acquired by
Right to identity
- The State recongnizes and guaranteees the right of persons
belonging to national minorities, to the preservation,
development and expression of their rethnic, cultural, linguistic
and religious identity.
- 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 nondiscrimination in relation to the
other Romanian citizens.
Romanians living abroad
The State shall support the stregthening 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.
Pluralism and political parties
- Pluralism in the Romanian society is a condition and guarantee of Constitutional democracy.
- Political parties shall be constituted and shall 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 shall be constituted and shall pursue their activities in accordance with
their own statutes, as provided by law. They shall contribute to the defence 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 neighbourly relations, based on the principles and other generally recognized provisions
of international law.
International law and national law
- The Romanian State pledges to fulfil as such and in good
faith its obligations as deriving from the treaties it is a party to.
- Treaties ratified by Parliament, according to the law, are part of national law.
- The flag of Romania is tricolour; the colours are arraged vertically in the following order
from the flag-pole: blue, yellow, red.
- The National Day of Romania is the 1 st of December.
- The national anthem of Romania is "Awake, Romanians".
- The Country's coat of arms and the State's seal shall be established by organic laws.
In Romania, the official language is Romanian.
The Capital of Romania is the Municiplality of Bucuresti.
TITLE II - Fundamental rights, freedoms and duties
CHAPTER I - Common provisions
- All citizens enjoy the rights and freedoms grated to them by the Constitution and other laws,
and have the duties laid down thereby.
- The law acts only for the future, with the exception of the more favourable criminal law.
Equality of rights
- Citizens are equal before the law and public authorities, without any privilege or discrimination.
- No one is above the law.
- Access to a public office or dignity, civil or military, is grated to persons whose citizenship is
only and exclusively Romanian, and whose domicile is in Romania.
Romanian citizens while 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 incomplatible with their absence from the country.
Alinies and stateless persons
- Aliens and stateless persons living in Romania shall enjoy general protection of persons
and assets, as guaranteed by the Constitution and other laws.
- The right of asylum shall be granted and withdrawn under the provisions of the law,
in compliance with the international treaties and coventions Romania is a party to.
Extradition and expulsion
- No Romanian citizen shall be extradited of expelled from Romania.
- Aliens and stateless persons may be extradited only in compliance with an international
convention or in terms of reciprocity.
- Expulsion or extradition shall be ruled by the Court.
International human rights treaties
- Constitutional provisions concerning the citizens' rights and liberties shall be interpred and
enforced in conformity with the Universal Declaration of Human Rights, with the covenants and
other treaties Romania is a party to.
- Where any inconsistencies exist between the convenants and treaties on fundamental human rights
Romania is a party to, and internal laws, the international regulations shall take precedence.
Free access to justice
- Every person is entitled to bring cases before the courts for
the defence of his legitimate rights, libeties and interests.
- The exercise of this right shall not be restricted by any law.
CHAPTER II - Fundamental rights and freedoms
Right to life, to physical and mental integrity
- The right to life, ans well as the right to physical and mental integrity of persona are guaranted.
- No one shall be subjected to toruture or to any kind of inhuman or degrading punishment of treatment.
- The death penalty is prohibited.
- Individual freedom and security of person are inviolable.
- Search, detainment, or arrest of a person shall be permitted
only in the cases and under the procedure provided by law.
- Detention shall not exceed twenty-four hours.
- 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 legility of the warrant,
and the judge is bound to make a pronouncement by a motivated decision.
The period of arrest shall be extended only by a decizion of the curt.
- Any person detained or arrested shall be promptly informed, in a language he understads,
of the grounds for his detention of arrest, and notified of the charges against him, as soon as
practicable; the otification of the charges shall be made only in the presence of a lawyer of
his own choosing or appointed ex officio.
- The release of the person detained of arrested shall be obligatory,
if the grounds for his detention or arrest have ceased to exist.
- A person under preventive custody shall have the right to apply for provisional release,
under judicial control or on bail.
- Any person shall be presumed innocent till hound guitly by a final decision of the court.
- Penalties shall be established or applied only in accordance with and on the grounds of the law.
Right to defence
- The right to defence is guarateed.
- All throughout the trial, the parties shall have the right to be assisted by a lawyer of
their own choosing or appointed ex officio.
Freedom of movement
- The right of free movement within the national territory and abroad is guaranteed.
The law shall lay down the conditions for he exercise of this right.
- Every citizen is guaranteed the right to establish his domicile or residence anywhere in the country,
to emigrate, and to return to his country.
Personal and family privacy
- The public authorities shall respect and protect the intimate, family and private life.
- Any natural person has the ritht to freely dispose of himself unless by this he causes
an infringement upon the rights and freedoms of others, on public order or morals.
Inviolability of domicile
- The domicile and the residence are inviolable. No one shall enter or remain in the domicile or
residence of a person without his consent.
- Derogation from provsions under paragraph (1) is permissible by law, in the following circumstances:
- a) for carrying into execution a warrant for arrest of 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.
- Searches shall be ordered only by a magistrate and carried
out exclusively under observance of the legal procedure.
- Searches at night time shall be prohibited, except in cases of flagrante delicto.
Secrecy of correspondence
Secrecy of the letters, telegrams and other postal communications, of telephone conversations,
and of any other legal means of communications is inviolable.
Freedom of conscience
- Freedom of thought, opinion, and religious beliefs shall not be restricted in any form whatsoever.
No one shall be compelled to embrace an opinion or religion contrary to his own
- Freedom of consciuence is guaranteed; it must be manifested in a spirit of tolerance and mutual respect.
- All religions shall be free and organized in accordance with their own statutes, under the terms laid down by law.
- Any forms, means, acts or actions of religious enmity shall be prohibited in the relationships among the cults.
- 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.
- 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.
Freedom of expression
- Freedom of expression of thoughts, opinions, or beliefs, and freedom of any creation, by words,
in writhng, in pictures, by sounds or other means of communication in public are inviolable.
- Any censorship shall be prohibited.
- Freedom of the press also involves the fre setting up of publications.
- No publication shall be suppressed.
- The law may impose upon the mass media the obligation to make public their financing source.
- Freedom of expression shall not be prejudicial to the dignity, honour, privacy of person,
and to the right to one's own image.
- 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 violance, as well as any obscene conduct contrary to morality shall be prohibited by law.
- Civil liablity for any information of creation made public falls upon the publisher of 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 offences of the press shall be established by law.
Right to information
- A person's right of access to any information of public interst shall not be restrcted.
- 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.
- The right to information shall not be prejudicial to the pretection of the young or to national security.
- Publlic and private media shall be bound to provide correct information to the public opinion.
- 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 and organic law.
Right to education
- The right to education is provided for by the compulsory general education,
by education in high schools and vocational schools, by higher educaton,
as well as other forms of instruction and post-graduate refresher courses.
- Education of all grades shall be in Romanian. Education may also be conducted in
a foreig language of international use, under the terms laid down by law.
- 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.
- Public education shall be free, acoording to the law.
- Educational establishments, including private institutions shall be set up and
conduct their activity according to the provisions of the law.
- The autonomy of the Universities is guaranteed.
- The State shall ensure the freedom of religious education, in accordance with the
specific requirements of each religious cults. In public schools, religious education is
organized and guaranteed by law.
Right to protection of health
- The right to the protection of health is guaranteed.
- The State shall be bound to take meansures to ensure public hygiene and health.
- The organization of the medical care and social security system in case of sickness,
accidents, maternity of recovery, the control over the exercise of medical professions and
paramedical activiies, as well as other measures to protect physical and
mental health of person shall be established according to the law.
Right to vote
- Every citizen having attained the age of eighteen by or on the election day shall have the right to vote.
- Mentally deficient or alienated, laid under interdiction, as well as persons disenfranchised
by a final decision of the court cannot vote.
Right to be elected
- 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).
- Candidates must have attained, by or on the election day, the age of a least twenty-three,
to be elected to the Chamber of Deputies or local administration, and at least thirty-fiuve, to
be electred to the Senate or to the office of President of Romania.
Freedom of 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.
Right of association
- Citizens may freely associate into political parties, trade unions and other forms of association.
- 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.
- 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, shall not join political parties.
- Secret associations are prohibited.
Labour and social protection of labour
- The right to work cannot be restricted. Enveryone has the
free choice of profession and workplace.
- All amployess have the right to social protection of labour.
he protecting measures concern safety and hygiene of work,
working conditions for women and the young, the setting up of a
minimum wage p0er economy, weekends, paid annual holiday, work
carried out under hard conditions, as well as other specific situations.
- The normal duration of a working day is of maximum eight hours, on the average.
- On equal work with men, women shall get equal wages.
- The right to collective labour bargaining and the binding
force of collective agreements shall be guaranteed.
Prohibition of forced labour
- Forced labour is prohibited.
- Forced labour does not include:
- a) any service of a military character of activities performed in lieu thereof by those who,
according to the law, are exempted from compulsory military service for religious reasons;
- 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.
Right to strike
- The employees have the right to strike in the defence of
their professional, economic and social intersts.
- The taw 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.
Protection of private property
- 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.
- Private property shall be equally protected y law,
irrespective of its owner. Aliniens and stateless persons shall not acquire the right of property on land.
- No one shall be exproprieted, except on grounds of public
utility, established according to the law, against just compensation paid in advance.
- 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 demages
caused to the soil, platations or buildings, as well as for other damages imputable to these authorities.
- 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.
- The right of property compels to the observance of duties
relating to evironmental protection and ensurance of
neighbourliness, as well as of other duties incumbent upon the
owner, in accordance with the law or custom.
- Legally acquired assets shall not be confiscated. Legality of acquirement shall be presumed.
- 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 inheriutance is guaranteed.
- 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.
- 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.
- The Family is founded on the freely consented marriage of the
spouses, their full equality, as well as the right and duty of
the parants to ensure the upbringing, education and instruction of their children.
- 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.
- Children born out of wedlock are qual before the law with those born in wedlock.
Protection of children and the young
- Children and the young shall enjoy special protection and
assistance in the pursuit of their rights.
- The State shall grant state alowances for children and
benefits for the care of sick or disadled children. Other forms
of social protection for children and the young shall be established by law.
- 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.
- Minors under the age of fifteen may not be employed for any paid labour.
- The public authorities are bound to contribute to secure the
conditions towards the free participation of yound people in the
political, social, economic, cultural and sporting life of the country.
Protection of the disabled persons
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.
Right of petition
- Citizens have the right to apply to the public authorities by
petitions formulated only in the name of the signatories.
- Legally established organizations have the right to forward
petitions, exclusively on behalf of the collective body they represent.
- The exercise of the right of petition shall be tax-exempted.
- The public authorities are bound to answer to petitions
within terms and under conditions ans established by law.
Right of a person aggrieved by a public authority
- 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.
- The conditions and limits on the exercise of this right shall be regulated by an organic law.
- The State bears patrimonial liability, according to the law,
for damages caused by judicial errors in criminal cases.
Restriction on the exercise of certain rights or freedoms
- The exercise of certain rights or freedoms may be restricted
only by law, and only of 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; for the prevention of the
consequences of a natural calamity or extremely grave disaster.
- 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
Faithfulness towards the country
- Faithfulness towards the country is sacred.
- Citizens holding public offices, as well as the military,
are liable for the loyal fulfilment of the obligations they are
bound to, and shall, for this purpose, take the oath as requested by law.
Observance of the Constitution and laws
The observance of the Consultation, of its supremacy and of the laws is binding.
Defence of the country
- Citizens have the right and duty to defend Romania.
- The military service is compulsory for all Romanian male
citizens aged twenty, except for the cases provided by law.
- To be trained in the active military service, citizens may be conscripted up to the age of thirty-fife.
- Citizens are under the obligation to contribute to public expenditure, by taxes and duties.
- The legal taxation system must ensure a fair distribution of the fax burden.
- Any other dues shall be prohibited, save those determined by law, under exceptional circunstances.
Exercise of rights and freedoms
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
Appointment and role
- 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.
- The Advocate of the People shall not perform any other public or private office.
Exercise of powers
- The Advocate of the People shall exercise his powers ex
officio ur upon request by persons aggieved in their rights and freedoms, within limits established by law.
- It is binding upon the public authorities to give the
Advocate of the People the necessary support in the exercise of his powers.
Report before Parliament
The Advocate of the People shall report before the two Parliament Chambers,
annuallly 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 1 - Organization and Functioning
Role and structure
- Parliament is the supreme representative body of the Romanian
people and the sole legislative authority of the Country.
- Parliament consists of the Chamber of Deputies and the Senate.
Election of the Chambers
- The Chamber of Deputies and the Senate shall be elected by
universla, equal, direct, secret and free suffrage, in accordance with the elecoral law.
- 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 llaw. Citizens of a national minority are
entitled to be represented by one organization only.
- The number of Deputies and Senators shall be established by
the electoral law, in proportion to the population of Romania.
Term of office
- 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 a catastrophe.
- Elections to the Chamber of Deputies and the Senate shall be
held within three months from the expiration of the term of
office or Parlament dissolution.
- The newly elected Parlament shall meet upon convening by the
President of Romania, within twenty days after elections.
- The Chambers' term of office shall be prolonged until the new
Parliament legally meets. During this period, the Constitution
shall not undergo any revision, nor shall any organic law be
passed, amended or abrogated.
- Bills or legislative proposals entered on the agenda of the
preceding Parliament shall be carried over into the session of
the new Parliament.
- The organization and functioning of each Chamber shall be
regulated by its own Standing Orders. Financial resources of the
cChambers shall be provided for in the budgets approved by them.
- Each Chamber shall elect its Standing Bureau. The President
of the Chamber of Deputies and the President of the Senate shall
be lected 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.
- Deputies and Senators may be organized into Parliamentary
Groups, according to the Standing Orders of each Chamber.
- Each Chamber shall set up Standing Committees and may
institute inquiry or other special committees. The Chambers may
set up joint committees.
- The Standing Bureaus and Parliamentary Committees shall be
made up so as to reflect the political spectrum of each Chamber.
- The Chamber of Deputies and the Senate shall meet in
separate, and joint sessions. The preceedings in a joint session
shall be held in accordance with regulations passed by a majority
vote of the Deputies and Senators.
- The Chambers shall meet in joint session 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 Intelligence Service, and to exercise control over the activity of this Service;
- h) to fulfil any other prerogatives, which - in accordance with
the Constitution or the Standing Orders, shall be exercised in a joint session.
- 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.
- The Chamber of Deputies and the Senate may also meet in
extraordinary sessions, uppon 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.
- Each Chamber shall be vconvened by its president.
Acts of Parliament and legal quorum
The Chamber of Deputies and the Senate shall pass laws, and carry
resolutions and motions, in the presence of the majority of their
Publicity of sessions
- The sessions of both Chambers shall be public.
- The Chambers may decide that certain sessions be secret.
Section 2 - Status of Deputies and Senators
- In the exercise of their mandate Deputies and Senators shall be in the service of the people.
- Any imperative mandate shall be null.
Term of Office of Deputies and Senators
- Deputies and Senators shall enter on the exercise o their
office on the same day the Chamber they are a member of has
legally met, on condition that their election is validated.
- The capacity as a Deputy of Senbator shall cease on the same
day the newly elected Chambers have legally met, or in a case of
resignation, disenfranchisement, incompatibility, or death.
- No one may be a Deputy and a Senator at one and the same time,
- The capacity as a Deputy or Senator is incompatible with the
exercise of any public office in authority, with the exception of Government membership.
- Other incompatibilities shall be established by an organic law.
- 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 cmpetence of the Supreme Court of Justice.
- In the case of a Deputy or Senator being caught in the act,
he may be detained and searched. The Minister of Justice shall
prompltly 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 his detainment be repealed.
Freedom of opinions
No Deputy or Senator shall be liable to judicial preceedings for
the votes cast, or political proceedings for the votes cast, or
political opinions expressed in the exercise of his mandate.
Emoluments and Other Rights
Deputies and Senators shall receive monthly emoluments. The
amount of the emoluments and other rights shall be established by law.
Section 3 - Legislation
Classes of Laws
- Parliament passes constitutional, organic, and ordinary laws.
- Constitutional laws shall be pertaining to the revision of
- Organic laws shall regulate:
- a) thge electoral system;
- b) the organization and functioning of political parties;
- c) the organization and holding of a referendum;
- d) the organization of the Gouvernment and the Supreme Council of National Defence;
- e) the states of siege and emergency;
- f) criminal offences, penalties and the execution thereof;
- g) granting of amnesty or collective pardon;
- h) the organization and functioning of the Superior Concil 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 courtis;
- k) the general legal status of property and inheritance;
- l) general rules covering labour relations, trade uniuons 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.
- The llegislative initiative lies with the Gouvernment,
Deputies, Senators, as welll 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
Municiplality of Bucure~ti at least 10,000 signatures should be
registered in the support of this initiative.
- A legislative initiative of the citizens may not touch on
matters concerning taxation, international affairs, amnesty or
- The Gouvernment shall exercise its legislative initiative by
introducing bills in one of the Chgambers.
- Deputies, Senators and citizens exercising the right of
legislative initiative may present proposals only in the form
required for a bill.
- Legislative proposals shall be first submitted for being
passed to the Chamber before which they were read.
Passing of bills and resolutions
- Organic laws and resolutions concerning the Standing Orders
of the Chambers shall be passed by the majority vote of the
members of each Chamber.
- Ordinary laws and resolutions shall be passed by the majority
vote of the members present in each Chamber.
- 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.
Sending of bills and legislative proposals from one Chamber to the other
Bills or legislative proposals passed by one Chamber shall be
sent to 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.
- 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
mediation procedure, by a parity Committee.
- In case no agreement has 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 Chgamber
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).
Promulgation of laws
- A law shall be submitted for promulgation to the President of
Romania. Promulgation shall be given within twenty days after
receipt of the law.
- Before promulgation, the President of Romania may return the
law to Parliament for reconsideration, and he may do so only
- 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 then
days from receiving the law passed after its reconsideration, or
the decision of the Constitutional Court confirming its
Coming into force of laws
Laws shall be published in the Official Gazette of Romania and
come into force on the day of publication or the date provided in
- The Legislative Council shall be an advisory expert body of
Parlament, 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 ligislation of
- The setting up, organization and functioning of the
Legislative Council shall be regulated by an organic law.
CHAPTER II - The President of Romania
Role of the President
- The President of Romania shall represent the Romanian State
and is the safeguard of the national independence, unity and
territorial integrity of the country.
- 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.
Election of the President
- The President of Romania shall be elected by universal, equal, direct, secret and free suffrage.
- The Candidate who, in the first ballot, obtained a majority of votes of the electors
entered on the electoral lists shall be declared elected.
- 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 numbers of votes cast for them in the
first ballot. The candidate having the greatest number of votes shall be declared elected.
- No one may hold the office of President of Romania but two
terms at the most, that can also be consecutive.
Validation of mandate and oath-taking
- The election returns for the Presidency of Romania shall be validated by the Constitutional Court.
- 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 streght and the best
of my ability for the spiritual and material welfare of the
Romanian peoplle, to abide by the Constitution and laws of the
Country, to defend democracy, the fundamental rights and freedms
of my fellow-citizens, Romania's sovereignty, independence, unity
and territorial integrity. So help me God!"
Term of office
- The term of office of the Pressident of Romania is four
years, and he shall exercise his mandate from the day he took the oath.
- The President of Romania shall exercise his office until the new President-elect takes the oath.
- The term of office of the President of Rom,ania may be
prolonged, by an organic law, in the event of war or catastrophe.
Incompatibilities and immunities
- 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.
- The President of Romania shall enjoy immunity. Provisions
under Article 70 shall apply accordingly.
- 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 a at least two thirds
of the number of Deputies and Senators. The care shall be within
the competence of the Supreme Court of Justice, according to the
provisions of the law. The President shall be removend from
office de jure on the date the Court sentence remains final.
Appointment of the Government
- The President of Romania shall designate a candidate to the
office of Prime Minister and appoint the Gouvernment on the basis
of the vote of confidence of Parliament.
- In the event of government reshuffle of vacancy of office,
the President shall dismiss and appoint, on the proposal of the
Prime Minister, some members of the Gouvernment.
Consultation with the Government
The President of Romania may consult with the Governmrent about urgent, extremely important matters.
Participation in meetings of the Government
- 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, iun other instances as well.
- 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.
Dissolution of Parliament
- 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 a least two requests for investiture.
- During the same year, Parliament can be dissolved only once.
- 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.
Powers in matters of foreign policy
- The President shall, in the name of Romania, conclude
international treaties negotiated by th Government, and then
submit them to Parliament for ratification, within 60 days.
- 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.
- Diplomatic envoys of other states shall be accredited to the President of Romania.
Powers in matters of defence
- The President of Romania shall be Comander-in-Chief of the
Armed Forces and preside over the Supreme Council of National
- 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 Parlament, within five days from
- 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 form the outbreak of the aggression.
- 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 Parlliament approval of the
measures thus adopted, within five days from adoption thereof.
- If Parliament does not sit in a session, it shall be convened
de jure within 48 hours form 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 honour;
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.
Suspension from office
- In case of having commiutted 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.
- The proposal of suspension form office may be initiated by at
least one third of the number of Deputies and Senators, and the
President shall be immediately notified thereof.
- 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.
Vacancy of office
- Vacancy of the office of President of Romania shall be due
upon his resignation, removal from office, permanent
impossibility to discharge his powers and duties, or death.
- Within three months from the date when the Presidency of
Romania fell vacant, the Government shall organize elections for a new President.
Interim of office
- 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.
- Powers provided under Articles 88-90 shall not be exercised
by the Acting President during the interim office.
Liability of Acting President
If the person acting as President of Romania has commiutted grave
acts infringing upon Constitutional provisions, Articles 95 and 97 shall be applied accordingly.
Acts of the President
- In the exercise of his powers, the President of Romania shall
issue decres, which shall be published in the Official Gazette of
Romania. Absence of publicity entails the non-existence of a decree.
- The decrees issued by the President of Romania in the
exercise of his powers, as provided under Article 91 paragraphs
(1) and (2), Article 92 paragraphs (2) and (3), Article 93
paragraph (1), and Article 94 subparagraphs a), b) and d) shall
be countersigned by the Prime Minister.
Compensation and other rights
The compensation and other rights of the President of Romania shall be established by law.
CHAPTER III - The Gouvernment
Role and structure
- The Government shall, in accordance with its government
programme accepted by Parliament, ensure the implementation of
the domestic and foreign pollicy of the country, and exercise the
general amanagement of public administration.
- In the exercise of its powers, the Gouvernment shall co-
operate with the social bodies concerned.
- The Government consists of the Prime Minister, Ministers, and
other members as established by an organic law.
- 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
- The candidate to the office of Prime Minister shall, within
ten days after his designation, seek the vote of confidence of
Parliament upon the programme and complete list of the
- The programme and list of the Government shall be debated
upon by the Chamber of Deputies and Senate, in joint session.
Parliament shall grand confidence to the Government by a majority
vote of Deputies and Senators.
Oath of allegiance
- The Prime Minister, Ministers and other members of the
Government shall individually take an oath before the President
of Romania, as provided under Article 82.
- The Government as a whole and each of its members shall
exercise the mandate from the date of taking the oath.
- 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 propessional representation paid by a trading organization.
- Other incompatibilities shall be established by an organic law.
Termination of Government membership
Membership of the Government shall cease upon resignation,
dismissal, disenfranchisement, incompatibility, death, or in any
other cases provided by law.
- 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.
- If the Prime Minister finds himself in one of the situations
provided under Article 105, or in case of his impossibility to
exercise his powers, the President of Romania shall designate
another member of the Government as interim Prime Minister until
formation of the new Government. The interim during the
impossibility to exercise the powers of the said office ceases if
the Prime Minister resumes his activity in the Government.
- 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.
Acts of the Government
- The Government shall adopt Decisions and Statutory Orders.
- Decisions shall be issued to organize the execution of laws.
- Statutory orders shall be issued under a special enabling
law, within the limits and in conformity with the provisions thereof.
- Decisions and statutory orders adopted by the Government
shall be signed by the Prime Minister, countersign ed by the
Ministers who are bound to act to carry them into execution, and
shall be published in the Official Gazette of Romania. Non-
publishing entails non-existence of a decision or statutory
order. Decisions of a military character shall be convezed only
to the institutions concerned.
Responsibility of members of the Government
- The Government is politically responsible for its entire
activity only before Parliament. Each member of the Government is
politicalkly and jointly answerable with tthe others for the
activity and Acts of the Government.
- It is only the Chamber of Deputies, he 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 his
suspension from office. The case shall be within the competence
of the Supreme Court of Justice.
- Cases of liability, and penalties applicable to members of
the Government shall be regulated by a Law on Ministerial
End of the term of office
- The Government shall exercise its term of office until
validation of the general parliamentary elections.
- The Government shall be dismissed on the date Parliament
withdrawns confidence granted, or if the Prime Minister finds
himself in one of the situations under Article 105 or in case of
his impossibility to exercise his powers for more than 45 days.
- In situations such as under paragraph (2) 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
Information to Parliament
- 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.
- Members of the Government are entitled to attend the
proceedings of Parliament. If they are requested to be present,
participation shall be compulsory.
- Members of the Government are entitled to attend the
proceedings of Parliament. If they are requested to be present,
participation shall be compulsory.
Questions and interpellations
- The Government and each of its members shall be bound to
answer to questions or interpellations raised by Deputies or
- The Chamber of Deputies or the Senate may carry a motion
expressing the stand as to the issue making the point of
Motion of censure
- 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
- 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.
- The motion of censure shall be debated upon three days after
its presention in the joint session of the Chambers.
- If the motions 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.
Assumption of responsibility by the Government
- The Government may assume responsibility before the Chamber
of Deputies and the Senate, in joint session, upon a programme, a
general policy statement, or a bill.
- The Government shall be dismissed if a motion of censure,
tabled within three days from the date of presenting the
programme, the general policy statement, or the bill, has been
passed in accordance with provisions under Article 112.
- If the Government has not been dismissed in accordance with
paragraph (2), the bill presented shall be considered as passed,
and 0the programme or the general policy statement become binding
on the Government.
- 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.
- Parliament may pass a special law enabling the Government to
issue statutory orders in fields outside the scope of organic
- The enabling law shall compulsorily establish the field and
the date up to which statutory orders can be issued.
- If the enabling law so requests, statutory orders shall be
submitted to Parliament for approval, according to the
legislative procedure, until expiration of the enabling term.
Noncompliance with the term entails discontinuation of the
effects of the statutory order.
- In exceptonal cases, the government may adopt emergency
statutory orders, which shall come into force only after their
submission to Parliament for approval. If Parliament does not sit
in a session, it shall obligatory be convened.
- Statutory orders shall be approved or rejected by a law which
must also contain the statutory orders that ceased to be
effective in accordance with paragraph (3).
CHAPTER V - Public Administration
Section 1 - Specialized Central Public Administration
- Ministries shall be organized only in subordination to the Government.
- Other specialized agencies may be organized in subordination
to the Government or Ministeries, or as autonomous administrative authorities.
- Ministries shall be set up, organized, and function in accordance with the law.
- 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.
- Autonomous administrative authorities may be established by an organic law.
The Armed Forces
- 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.
- 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.
- 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.
- The organization of military or paramilitary activities
outside a State, as well as to other components of the Armed
- No foreign troops may enter or cross the territory of Romania
but on terms established by law.
Supreme Council of National Defence
The Supreme Council of National Defence shall unitarily organize
and co-ordinate the activities concerning the country's defence and national security.
Section 2 - Local Public Administration
Public Administration in territorial-administrative units is
based on the principle of local autonomy and decentralization of public services.
Communal and town authorities
- 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.
- The Local Council and Mayors shall act as autonomous
administrative autorities and manage public affairs in communes and towns, in accordance with the law.
- Authorities under paragraph (1) may also be constituted in
the territorial-administrative subdivisions of municipalities.
- The Countly Council is the Public Administration authority
co-ordinating the activity of Commune and Town Councils, with a
view to carry out the public services of county interest.
- The County Concil shall be elected and function in accordance
with the law.
- The Government shall appoint a Prefect in each county and in
the Municipality of Bucure~ti.
- 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-
- The powers of the Prefect shall be established by law.
- The Prefect may challenge, in the administrative court, an
act of the County Concil, 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 1 - Courts of Law
Administration of justice
- Justice shall be rendered in the name of the law.
- Judges shall be independent and subject only to the law.
Status of Judges
- 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 reivested 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.
- The office of a Judge shall be incompatible with any other
public or private office, except that of an academic professorial activity.
Courts of law
- Justice shall be administered by the Supreme Court of Justice
and other courts established by law.
- The setting up of courts of exception is prohibited.
- Competence and procedure of courts shall be regulated by law.
Publicity of debates
Proceedings shall be public, except for the cases provided by law.
Right to have an interpreter
- Procedure shall be conducted in Romanian.
- 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.
Use of appeal
Against decisions of the Court, the parties concerned and the
Public Ministry may exercise watys of appeal, in accordance with the law.
Police in the Courts
Courts of law shall have police placed at their disposal.
Section 2 - The Public Ministry
Role of Public Ministry
- 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.
- The Public Ministry shall discharge its powers throught
Public Prosecutors, constituted into public prosecutor's offices, in accordance with the law.
Status of Public Prosecutors
- Public Prosecutors shall carry out their activity in
accordance with the principle of legality, impartiality and
hierarchical control, under the autority of the Minister of
- The office of a Public Prosecutor shall be incompatible with
any other public or private office, except that of an academic
Section 3 - Superior Council of the Magistracy
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.
- The Superior Council of the Magistradcy shall nomitate 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.
- The Superior Council of Magistracy shall perform the role if
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
- Romania's economy is a free market economy.
- The State must secure:
- a) a free trade, protection of loyal competition, provision of a
favourable 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 interets;
- 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.
- The State shall protect property.
- Property is public or private.
- Public property belongs to the State or iuts territorial-administrative units.
- Subsoil riches of any nature, ways of communication, the air
space, waters with hydropower 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, shall be exclusively public property.
- 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.
- Private property shall be, in accordance with the law, inviolable.
- Formation, administration, use and control of the financial
resources of the State, of territorial-administrative units and
public institutions shall be regulated by law.
- The national currency is the Leu, with its subdivision, the Ban.
- The National Public Budget shall comprise the State budget,
the State social security budget and the local budgets of communes, towns and counties.
- The Government shall annually draft the State budget and
State social security budget, which it shall submit separately to Parliament for approval.
- If the Law on the State budget and the Law on the State
social security budget fail to be passed by a 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.
- Local budgets shall be drafted, approved and executed in accordance with the law.
- No budget expendure shall be approved unless its financing source has been established.
Taxes and duties
- Taxes, duties and any other revenue of the State budget and
State social security budget shall be established only by law.
- Local taxes and duties shall be established by the local or
county councils, within limits and under the terms of the law.
Court of Audit
- 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.
- 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.
- At request of the Chamber of Deputies of the Senate, the
Court of Audit shall check the management of public resources,
and report on its findings.
- Members of the Court of Audit, appointed by Parliament, shall
be independent and irremovable, according to the law. They shall
be subject to the incompatiblities the law provides for judges.
TITLE V - Constitutional Court
- The Constitutional Court consists of nine Judges, appointed
for a term of office of nine years, that cannot be prolonged or renewed.
- Three Judges shall be appointed by the Chamber of Deputies,
three by the Senate, and three by the Pesident of Romania.
- Judges of the Constitutional Court shall elect, by secret
vote, the President thereof, for a term of three years.
- The Constitutional Court shall be renewed by one third of its
Judges every three years, in accordance with the provisions of the Court's organic law.
Qualification for appointment
Judges of the Constitutional Court must have graduated law, and
have hight professional competence and at least eighteen years
experience in juristical 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
Independence and irremovability
Judges of the Constitutional Court shall be independent in the
exercise of their office and irremovable during the term of
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 a least 50 Deputies
or at least 25 Senators, as well as, ex officio, on initiatives
to revise the Constitution;
b) to adjudicate on the constitutionality of the Stanbding Orders
of Parliament, upon notification, by the president of either
Chamber, by a parliamentary group or a number of a least 50
Deputies or a least 25 Senators;
c) to decide on exceptions brought to the courts of law as to the
unconstitutionality of laws and statutory 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;
i) to decide on objections of unconstitutionality of a political party.
Decisions of the Constitutional Court
- In cases of unconstitutionality, in accordance with Article
144 subparagraphs a) and b), the law or standing 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.
- 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
Initiative of Revision
- Revision of the Constitution may be initiated by the
President of Romania on proposal of the Government, by a least
one quarter of the number of Deputies or Senators, as well as by
at least 500,000 citizens with the right to vote.
- 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
Municipality of Bucure~ti, at least 20,000 signatures must be recorded in support of this initiative.
Procedure of Revision
- The draft or proposal of revision must be adopted by the
Chamber of Deputies and the Senate, by a majority of a least two
thirds of the members of each Chamber.
- 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 a least three quartiers of the number of Deputies and Senators.
- The revision shall be final after approval by a referendum
held within 30 days from the date of passing the draft or proposal of revision.
Limits of Revision
- 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.
- Likewise, no revision shall be made if it results in the
supression of the citizens' fundamental rights and freedoms, or
the safeguards thereof.
- The Constitution shall not be revised during a state of siege or emergency, or at wartime.
TITLE VII - Final and transitory provisions
Coming into force
This Constitution shall come into force on the date of its
adoption by referendum. On the same day, the Constitution of
August 21, 1965 is and remains fully abrogated.
Temporal conflict of laws
- The laws and all other normative acts shall remain in force
in so far they are not contradicting the provisions of this
- The Legislative Council shall, within 12 months from the date
of coming into force 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.
- The Institutions of the Republic in existence at the date of
coming into force of this Constitution shall remain in operation
until the setting up of the new institutions.
- 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 6 months from the date of coming into force of this Constituton.
- Within 6 months from the date of coming into force of this
Constitution, the Constitutional Court and the Court of Audit
shall be set up.
- Judges of the first Constitutional Court shall be appointed
for a term of 3, 6 and 9 years respectively. The President of
Romania, the Chamber of Deputies and the Senate shall designate
one Judge each for every term.
|ISBN 973 - 567 - 081 - X|
|Publisher: The Self-Managed Public Company "Monitorul Oficial", Bucharest|
|Printed in Romania, 1995|