CONSTITUTION OF ROMANIA

1991

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 8, 1991

CONTENTS


TITLE I - General principles

Romanian State

ARTICLE 1

  1. Romania is a sovereign, independent, unitary and indivisible National State.
  2. The form of government of the Romanian State is a Republic.
  3. Romania is a democratic and social State governed by the rule of law, in which humain dignity, the citizens' rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values and shall be guaranteed.

Sovereignty

ARTICLE 2

  1. National sovereignty resides with the Romaian people, who shall exercise it through its representative bodies and by referendum.
  2. No group or person may exercise sovereignty in one's own name.

Territory

ARTICLE 3

  1. The territory of Romania is inalienable.
  2. The frontiers of the Country are sanctioned by an organic law, under observances of the principles and other generally recognized regulations of international law.
  3. The territory is organized administratively into communes, towns and counties. Some towns are declared municipalities, according to the provisions of the law.
  4. No foreign populations may be displaced or colonized on the territory of the Romanian State.

Unity of the people and equality among citizens

ARTICLE 4

  1. The State foundation is laid on the unity of the Romanian people.
  2. Romania is the common and indivisible homeland of all its citizens, without any discrimination on account of race, nationality, ethnic origin, language, religion, sex, opinion, political adherence, property or social origin.

Citizenship

ARTICLE 5

  1. Romanian citizenship can be acquired, retained or lost as provided by the organic law.
  2. Romanian citizenship cannot be withdrawn if acquired by birth.

Right to identity

ARTICLE 6

  1. 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.
  2. The protecting measures taken by the Romanian State for the preservation, development and expression of identity of the persons belonging to national minorities shall conform to the principles of equality and nondiscrimination in relation to the other Romanian citizens.

Romanians living abroad

ARTICLE 7

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

ARTICLE 8

  1. Pluralism in the Romanian society is a condition and guarantee of Constitutional democracy.
  2. 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

ARTICLE 9

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.

International relations

ARTICLE 10

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

ARTICLE 11

  1. The Romanian State pledges to fulfil as such and in good faith its obligations as deriving from the treaties it is a party to.
  2. Treaties ratified by Parliament, according to the law, are part of national law.

National symbols

ARTICLE 12

  1. The flag of Romania is tricolour; the colours are arraged vertically in the following order from the flag-pole: blue, yellow, red.
  2. The National Day of Romania is the 1 st of December.
  3. The national anthem of Romania is "Awake, Romanians".
  4. The Country's coat of arms and the State's seal shall be established by organic laws.

Official language

ARTICLE 13

In Romania, the official language is Romanian.

Capital

ARTICOLE 14

The Capital of Romania is the Municiplality of Bucuresti.


TITLE II - Fundamental rights, freedoms and duties

CHAPTER I - Common provisions

Universality

ARTICLE 14

  1. All citizens enjoy the rights and freedoms grated to them by the Constitution and other laws, and have the duties laid down thereby.
  2. The law acts only for the future, with the exception of the more favourable criminal law.

Equality of rights

ARTICLE 16

  1. Citizens are equal before the law and public authorities, without any privilege or discrimination.
  2. No one is above the law.
  3. Access to a public office or dignity, civil or military, is grated to persons whose citizenship is only and exclusively Romanian, and whose domicile is in Romania.

Romanian citizens while abroad

ARTICLE 17

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

ARTICLE 18

  1. Aliens and stateless persons living in Romania shall enjoy general protection of persons and assets, as guaranteed by the Constitution and other laws.
  2. The right of asylum shall be granted and withdrawn under the provisions of the law, in compliance with the international treaties and coventions Romania is a party to.

Extradition and expulsion

ARTICLE 19

  1. No Romanian citizen shall be extradited of expelled from Romania.
  2. Aliens and stateless persons may be extradited only in compliance with an international convention or in terms of reciprocity.
  3. Expulsion or extradition shall be ruled by the Court.

International human rights treaties

ARTICLE 20

  1. 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.
  2. 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

ARTICLE 21

  1. Every person is entitled to bring cases before the courts for the defence of his legitimate rights, libeties and interests.
  2. 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

ARTICLE 22

  1. The right to life, ans well as the right to physical and mental integrity of persona are guaranted.
  2. No one shall be subjected to toruture or to any kind of inhuman or degrading punishment of treatment.
  3. The death penalty is prohibited.

Individual freedom

ARTICLE 23

  1. Individual freedom and security of person are inviolable.
  2. Search, detainment, or arrest of a person shall be permitted only in the cases and under the procedure provided by law.
  3. Detention shall not exceed twenty-four hours.
  4. Arrest shall be made under a warrant issued by a magistrate, for a maximum period of thirty days. The person arrested may lodge a complaint to the court about the 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.
  5. 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.
  6. The release of the person detained of arrested shall be obligatory, if the grounds for his detention or arrest have ceased to exist.
  7. A person under preventive custody shall have the right to apply for provisional release, under judicial control or on bail.
  8. Any person shall be presumed innocent till hound guitly by a final decision of the court.
  9. Penalties shall be established or applied only in accordance with and on the grounds of the law.

Right to defence

ARTICLE 24

  1. The right to defence is guarateed.
  2. All throughout the trial, the parties shall have the right to be assisted by a lawyer of their own choosing or appointed ex officio.

Freedom of movement

ARTICLE 25

  1. 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.
  2. Every citizen is guaranteed the right to establish his domicile or residence anywhere in the country, to emigrate, and to return to his country.

Personal and family privacy

ARTICLE 26

  1. The public authorities shall respect and protect the intimate, family and private life.
  2. 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

ARTICLE 27

  1. The domicile and the residence are inviolable. No one shall enter or remain in the domicile or residence of a person without his consent.
  2. 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.
  3. Searches shall be ordered only by a magistrate and carried out exclusively under observance of the legal procedure.
  4. Searches at night time shall be prohibited, except in cases of flagrante delicto.

Secrecy of correspondence

ARTICLE 28

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

ARTICLE 29

  1. 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 convictions.
  2. Freedom of consciuence is guaranteed; it must be manifested in a spirit of tolerance and mutual respect.
  3. All religions shall be free and organized in accordance with their own statutes, under the terms laid down by law.
  4. Any forms, means, acts or actions of religious enmity shall be prohibited in the relationships among the cults.
  5. Religious cults shall be autonomous from the State and shall enjoy support from it, including the facilitation of religious assistance in the army, in hospitals, prisons, homes and orphanages.
  6. Parents or legal tutors have the right to ensure, in accordance with their own convictions, the education of the minor children whose responsibility devolves on them.

Freedom of expression

ARTICLE 30

  1. 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.
  2. Any censorship shall be prohibited.
  3. Freedom of the press also involves the fre setting up of publications.
  4. No publication shall be suppressed.
  5. The law may impose upon the mass media the obligation to make public their financing source.
  6. Freedom of expression shall not be prejudicial to the dignity, honour, privacy of person, and to the right to one's own image.
  7. Any defamation of the country and the nation, any instigation to a war of aggression, to national, racial, class or religious hatred, any incitement to discrimination, territorial separatism, or public violance, as well as any obscene conduct contrary to morality shall be prohibited by law.
  8. 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

ARTICLE 31

  1. A person's right of access to any information of public interst shall not be restrcted.
  2. The public authorities, according to their competence, shall be bound to provide for correct information of the citizens in public affairs and matters of personal interest.
  3. The right to information shall not be prejudicial to the pretection of the young or to national security.
  4. Publlic and private media shall be bound to provide correct information to the public opinion.
  5. Public radio and television services shall be autonomous. They must guarantee for any important social and political group the exercise of the right to be on the air. The organization of these services and the Parliamentary control over their activity shall be regulated by and organic law.

Right to education

ARTICLE 32

  1. 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.
  2. 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.
  3. The right of persons belonging to national minorities to learn their mother tongue, and their right to be educated in this language are guaranteed; the ways to exercise these rights shall be regulated by law.
  4. Public education shall be free, acoording to the law.
  5. Educational establishments, including private institutions shall be set up and conduct their activity according to the provisions of the law.
  6. The autonomy of the Universities is guaranteed.
  7. The State shall ensure the freedom of religious education, in accordance with the specific requirements of each religious cults. In public schools, religious education is organized and guaranteed by law.

Right to protection of health

ARTICLE 33

  1. The right to the protection of health is guaranteed.
  2. The State shall be bound to take meansures to ensure public hygiene and health.
  3. 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

ARTICLE 34

  1. Every citizen having attained the age of eighteen by or on the election day shall have the right to vote.
  2. Mentally deficient or alienated, laid under interdiction, as well as persons disenfranchised by a final decision of the court cannot vote.

Right to be elected

ARTICLE 35

  1. Eligibility is granted to all citizens having the right to vote, who meet the requirements in Article 16 paragraph (3), unless they are forbidden to join a political party, in accordance with Article 37 paragraph (3).
  2. Candidates must have attained, by or on the election day, the age of 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

ARTICLE 36

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

ARTICLE 37

  1. Citizens may freely associate into political parties, trade unions and other forms of association.
  2. Any political parties or organizations which, by their aims or activity, militate against political pluralism, the principles of a State governed by the rule of law, or against the sovereignty, integrity or independence of Romania shall be unconstitutional.
  3. Judges of the Constitutional Court, the advocates of the people, magistrates, active members of the Armed Forces, policemen and other categories of civil servants, established by an organic law, shall not join political parties.
  4. Secret associations are prohibited.

Labour and social protection of labour

ARTICLE 38

  1. The right to work cannot be restricted. Enveryone has the free choice of profession and workplace.
  2. 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.
  3. The normal duration of a working day is of maximum eight hours, on the average.
  4. On equal work with men, women shall get equal wages.
  5. The right to collective labour bargaining and the binding force of collective agreements shall be guaranteed.

Prohibition of forced labour

ARTICLE 39

  1. Forced labour is prohibited.
  2. 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

ARTICLE 40

  1. The employees have the right to strike in the defence of their professional, economic and social intersts.
  2. 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

ARTICLE 41

  1. The right of property, as well as the debts incurring on the State are guaranteed. The content and limitations of these rights shall be established by law.
  2. Private property shall be equally protected y law, irrespective of its owner. Aliniens and stateless persons shall not acquire the right of property on land.
  3. No one shall be exproprieted, except on grounds of public utility, established according to the law, against just compensation paid in advance.
  4. For projects of general interest, the public authorities are entitled to use the subsoil of any real estate with the obligation to pay compensation to its owner for the demages caused to the soil, platations or buildings, as well as for other damages imputable to these authorities.
  5. Compensations provided under paragraphs (3) and (4) shall be agreed upon with the owner, or by the decision of the court when a settlement cannot be reached.
  6. The right of property compels to the observance of duties relating to evironmental protection and ensurance of neighbourliness, as well as of other duties incumbent upon the owner, in accordance with the law or custom.
  7. Legally acquired assets shall not be confiscated. Legality of acquirement shall be presumed.
  8. Any goods intended for, used or resulting from a criminal or minor offence may be confiscated only in accordance with the provisions of the law.

Inheritance right

ARTICLE 42

The right of inheriutance is guaranteed.

Living standard

ARTICLE 43

  1. The State shall be bound to take measures of economic development and social protection, of a nature to ensure a decent living standard for its citizens.
  2. Citizens have the right to pensions, paid maternity leave, medical care in public health establishments, unemployment benefits, and other forms of social care, as provided by law.

Family

ARTICLE 44

  1. The Family is founded on the freely consented marriage of the spouses, their full equality, as well as the right and duty of the parants to ensure the upbringing, education and instruction of their children.
  2. The terms for entering into marriage, dissolution and nullity of marriage, shall be established by law. Religious wedding may be celebrated only after civil marriage.
  3. Children born out of wedlock are qual before the law with those born in wedlock.

Protection of children and the young

ARTICLE 45

  1. Children and the young shall enjoy special protection and assistance in the pursuit of their rights.
  2. 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.
  3. The exploitation of minors, their employment in activities that might be harmful to their health, or morals, or endanger their life and normal development are prohibited.
  4. Minors under the age of fifteen may not be employed for any paid labour.
  5. 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

ARTICLE 46

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

ARTICLE 47

  1. Citizens have the right to apply to the public authorities by petitions formulated only in the name of the signatories.
  2. Legally established organizations have the right to forward petitions, exclusively on behalf of the collective body they represent.
  3. The exercise of the right of petition shall be tax-exempted.
  4. The public authorities are bound to answer to petitions within terms and under conditions ans established by law.

Right of a person aggrieved by a public authority

ARTICLE 48

  1. Any person aggrieved in his legitimate right by an administrative act or failure of a public authority to solve his application within the legal term is entitled to the acknowledgement of his right, annulment of the act and remedies for the damage.
  2. The conditions and limits on the exercise of this right shall be regulated by an organic law.
  3. The State bears patrimonial liability, according to the law, for damages caused by judicial errors in criminal cases.

Restriction on the exercise of certain rights or freedoms

ARTICLE 49

  1. 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.
  2. The restriction shall be proportional to the extent of the situation that determined it and may not infringe upon the existence of the respective right or freedom.

CHAPTER III - Fundamental duties

Faithfulness towards the country

ARTICLE 50

  1. Faithfulness towards the country is sacred.
  2. 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

ARTICLE 51

The observance of the Consultation, of its supremacy and of the laws is binding.

Defence of the country

ARTICLE 52

  1. Citizens have the right and duty to defend Romania.
  2. The military service is compulsory for all Romanian male citizens aged twenty, except for the cases provided by law.
  3. To be trained in the active military service, citizens may be conscripted up to the age of thirty-fife.

Financial contributions

ARTICLE 53

  1. Citizens are under the obligation to contribute to public expenditure, by taxes and duties.
  2. The legal taxation system must ensure a fair distribution of the fax burden.
  3. Any other dues shall be prohibited, save those determined by law, under exceptional circunstances.

Exercise of rights and freedoms

ARTICLE 54

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

ARTICLE 55

  1. The Advocate of the People shall be appointed by the Senate, for a term of office of four years, to defend the citizens' rights and freedoms. The organization and functioning of the Advocate of the People institution shall be regulated by an organic law.
  2. The Advocate of the People shall not perform any other public or private office.

Exercise of powers

ARTICLE 56

  1. 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.
  2. 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

ARTICLE 57

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

ARTICLE 58

  1. Parliament is the supreme representative body of the Romanian people and the sole legislative authority of the Country.
  2. Parliament consists of the Chamber of Deputies and the Senate.

Election of the Chambers

ARTICLE 59

  1. The Chamber of Deputies and the Senate shall be elected by universla, equal, direct, secret and free suffrage, in accordance with the elecoral law.
  2. Organizations of citizens belonging to national minorities, which fail to obtain the number of votes for representation in Parliament, have the right to one Deputy seat each, under the terms of the electoral llaw. Citizens of a national minority are entitled to be represented by one organization only.
  3. The number of Deputies and Senators shall be established by the electoral law, in proportion to the population of Romania.

Term of office

ARTICLE 60

  1. The Chamber of Deputies and the Senate are elected for a term of office of four years, which may be prolonged by an organic law, in a case of war or a catastrophe.
  2. Elections to the Chamber of Deputies and the Senate shall be held within three months from the expiration of the term of office or Parlament dissolution.
  3. The newly elected Parlament shall meet upon convening by the President of Romania, within twenty days after elections.
  4. The Chambers' term of office shall be prolonged until the new Parliament legally meets. During this period, the Constitution shall not undergo any revision, nor shall any organic law be passed, amended or abrogated.
  5. Bills or legislative proposals entered on the agenda of the preceding Parliament shall be carried over into the session of the new Parliament.

Organizational structure

ARTICLE 61

  1. 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.
  2. 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.
  3. Deputies and Senators may be organized into Parliamentary Groups, according to the Standing Orders of each Chamber.
  4. Each Chamber shall set up Standing Committees and may institute inquiry or other special committees. The Chambers may set up joint committees.
  5. The Standing Bureaus and Parliamentary Committees shall be made up so as to reflect the political spectrum of each Chamber.

Joint sessions

ARTICLE 62

  1. 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.
  2. 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.

Sessions

ARTICLE 63

  1. The Chamber of Deputies and the Senate shall meet in two ordinary sessions every year. The first session begins in February and is due to last by the end of June at the latest. The second session begins in September and is due to last by the end of December at the latest.
  2. The Chamber of Deputies and the Senate may also meet in extraordinary sessions, 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.
  3. Each Chamber shall be vconvened by its president.

Acts of Parliament and legal quorum

ARTICLE 64

The Chamber of Deputies and the Senate shall pass laws, and carry resolutions and motions, in the presence of the majority of their members.

Publicity of sessions

ARTICLE 65

  1. The sessions of both Chambers shall be public.
  2. The Chambers may decide that certain sessions be secret.

Section 2 - Status of Deputies and Senators

Representative mandate

ARTICLE 66

  1. In the exercise of their mandate Deputies and Senators shall be in the service of the people.
  2. Any imperative mandate shall be null.

Term of Office of Deputies and Senators

ARTICLE 67

  1. 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.
  2. 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.

Incompatibilities

ARTICLE 68

  1. No one may be a Deputy and a Senator at one and the same time,
  2. The capacity as a Deputy or Senator is incompatible with the exercise of any public office in authority, with the exception of Government membership.
  3. Other incompatibilities shall be established by an organic law.

Parliamentary immunity

ARTICLE 69

  1. No Deputy or Senator shall be detained, arrested, searched or prosecuted for a criminal or minor offence without authorization of the Chamber he is a member of, after being given a hearing. The case shall be in the cmpetence of the Supreme Court of Justice.
  2. In the case of a Deputy or Senator being caught in the act, he may be detained and searched. The Minister of Justice shall 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

ARTICLE 70

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

ARTICLE 71

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

ARTICLE 72

  1. Parliament passes constitutional, organic, and ordinary laws.
  2. Constitutional laws shall be pertaining to the revision of the Constitution.
  3. Organic laws shall regulate:
    a) 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.

Legislative initiative

ARTICLE 73

  1. 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.
  2. A legislative initiative of the citizens may not touch on matters concerning taxation, international affairs, amnesty or pardon.
  3. The Gouvernment shall exercise its legislative initiative by introducing bills in one of the Chgambers.
  4. Deputies, Senators and citizens exercising the right of legislative initiative may present proposals only in the form required for a bill.
  5. Legislative proposals shall be first submitted for being passed to the Chamber before which they were read.

Passing of bills and resolutions

ARTICLE 74

  1. Organic laws and resolutions concerning the Standing Orders of the Chambers shall be passed by the majority vote of the members of each Chamber.
  2. Ordinary laws and resolutions shall be passed by the majority vote of the members present in each Chamber.
  3. On request by the Government or on its own initiative, Parliament may pass bills or legislative proposals under an emergency procedure, established in accordance with the Standing Orders of each Chamber.

Sending of bills and legislative proposals from one Chamber to the other

ARTICLE 75

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.

Mediation

ARTICLE 76

  1. If one of the Chambers has passed a bill or legislative proposal, in a different wording from that approved by the other Chamber, the Presidents of both Chambers shall initiate a mediation procedure, by a parity Committee.
  2. 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

ARTICLE 77

  1. A law shall be submitted for promulgation to the President of Romania. Promulgation shall be given within twenty days after receipt of the law.
  2. Before promulgation, the President of Romania may return the law to Parliament for reconsideration, and he may do so only once.
  3. In case the President has requested that the law be reconsidered or a review has been asked for as to its conformity with the Constitution, promulgation shall be made within then days from receiving the law passed after its reconsideration, or the decision of the Constitutional Court confirming its constitutionality.

Coming into force of laws

ARTICLE 78

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.

Legislative Council

ARTICLE 79

  1. 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 Romania.
  2. 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

ARTICLE 80

  1. The President of Romania shall represent the Romanian State and is the safeguard of the national independence, unity and territorial integrity of the country.
  2. The President of Romania shall guard the observance of the Constitution and the proper functioning of the public authorities. To this effect, he shall act as a mediator between the Powers in the State, as well as between the State and society.

Election of the President

ARTICLE 81

  1. The President of Romania shall be elected by universal, equal, direct, secret and free suffrage.
  2. The Candidate who, in the first ballot, obtained a majority of votes of the electors entered on the electoral lists shall be declared elected.
  3. In the case that no candidate has obtained such majority, a second ballot shall be held between the first two candidates highest in the order of the numbers of votes cast for them in the first ballot. The candidate having the greatest number of votes shall be declared elected.
  4. No one may hold the office of President of Romania but two terms at the most, that can also be consecutive.

Validation of mandate and oath-taking

ARTICLE 82

  1. The election returns for the Presidency of Romania shall be validated by the Constitutional Court.
  2. The candidate whose election has been validated shall take before the Chamber of Deputies and the Senate, in a joint session, the following oath: "I solemnly swear that I will dedicate all 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

ARTICLE 83

  1. 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.
  2. The President of Romania shall exercise his office until the new President-elect takes the oath.
  3. The term of office of the President of Rom,ania may be prolonged, by an organic law, in the event of war or catastrophe.

Incompatibilities and immunities

ARTICLE 84

  1. During his term of office, the President of Romania may not be a member of any political party, nor may he perform any other public or private office.
  2. The President of Romania shall enjoy immunity. Provisions under Article 70 shall apply accordingly.
  3. The Chamber of Deputies and the Senate may, in a joint session, carry a resolution upon the impeachment of the President of Romania for high treason, by the vote of 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

ARTICLE 85

  1. 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.
  2. 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

ARTICLE 86

The President of Romania may consult with the Governmrent about urgent, extremely important matters.

Participation in meetings of the Government

ARTICLE 87

  1. The President of Romania may participate in the meetings of the Government debating upon matters of national interest with regard to foreign policy, the defence of the country, ensurance of public order, and on request by the Prime Minister, iun other instances as well.
  2. The President of Romania shall preside over the Government meetings he participates in.

Messages

ARTICLE 88

The President of Romania shall address Parliament by messages on the main political issues of the Nation.

Dissolution of Parliament

ARTICLE 89

  1. After consultation with the presidents of both Chambers and the leaders of the Parliamentary groups, the President of Romania may dissolve Parliament, if no vote of confidence has been obtained to form a government within 60 days after the first request was made, and only after rejection of a least two requests for investiture.
  2. During the same year, Parliament can be dissolved only once.
  3. Parliament cannot be dissolved during the last six months of the term of office of the President of Romania, nor can it be dissolved during a state of siege or emergency.

Referendum

ARTICLE 90

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

ARTICLE 92

  1. 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.
  2. The President shall, on proposal by the Government, accredit and recall diplomatic envoys of Romania, and approve the setting up, closing down or change in rank of diplomatic missions.
  3. Diplomatic envoys of other states shall be accredited to the President of Romania.

Powers in matters of defence

ARTICLE 92

  1. The President of Romania shall be Comander-in-Chief of the Armed Forces and preside over the Supreme Council of National Defence.
  2. He may declare, with prior approval of Parliament, partial or general mobilization of the Armed Forces. Only in exceptional cases shall the decision of the President be subsequently submitted for approval to Parlament, within five days from adoption thereof.
  3. In the event of an armed aggression against the country, the President of Romania shall take measures to repel the aggression, and he shall promptly bring them to the cognizance of Parliament, by a message. If Parliament does not sit in a session, it shall be convened de jure, within 24 hours form the outbreak of the aggression.

Emergency measures

ARTICLE 93

  1. The President of Romania shall according to the law, institute the state of siege or emergency in the whole or part of the country, and shall request Parlliament approval of the measures thus adopted, within five days from adoption thereof.
  2. If Parliament does not sit in a session, it shall be convened de jure within 48 hours form the institution of the state of siege or emergency, and shall function throughout this state.

Other powers

ARTICLE 94

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

ARTICLE 95

  1. 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.
  2. 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.
  3. If the proposal of suspension from office has been approved, a referendum shall be held within 30 days, in order to remove the President from office.

Vacancy of office

ARTICLE 96

  1. 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.
  2. 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

ARTICLE 97

  1. In case of vacancy in the office of President, or if the President be suspended from office or be temporarily incapable to exercise his powers, the interim shall devolve, in this order, on the President of the Senate or the President of the Chamber of Deputies.
  2. Powers provided under Articles 88-90 shall not be exercised by the Acting President during the interim office.

Liability of Acting President

ARTICLE 98

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

ARTICLE 99

  1. 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.
  2. 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

ARTICLE 100

The compensation and other rights of the President of Romania shall be established by law.

CHAPTER III - The Gouvernment

Role and structure

ARTICLE 101

  1. 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.
  2. In the exercise of its powers, the Gouvernment shall co- operate with the social bodies concerned.
  3. The Government consists of the Prime Minister, Ministers, and other members as established by an organic law.

Investiture

ARTICLE 102

  1. The President of Romania shall designate a candidate to the office of Prime Minister, as a result of his consultation with the party which has obtained absolute majority in Parliament, or - unless such majority exists - with the parties represented in Parliament.
  2. The candidate to the office of Prime Minister shall, within ten days after his designation, seek the vote of confidence of Parliament upon the programme and complete list of the Government.
  3. 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

ARTICLE 103

  1. 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.
  2. The Government as a whole and each of its members shall exercise the mandate from the date of taking the oath.

Incompatibilities

ARTICLE 104

  1. Membership of the Government shall be incompatible with the exercise of any other public office in authority, except the office of a Deputy or Senator. Likewise, it shall be incompatible with the exercise of any office of propessional representation paid by a trading organization.
  2. Other incompatibilities shall be established by an organic law.

Termination of Government membership

ARTICLE 105

Membership of the Government shall cease upon resignation, dismissal, disenfranchisement, incompatibility, death, or in any other cases provided by law.

Prime Minister

ARTICLE 106

  1. The Prime Minister shall direct Government actions and co- ordinate activities of its members, under observance of the powers and duties incumbent on them. Likewise, he shall submit to the Chamber of Deputies or the Senate reports and statements on Government policy, to be debated with priority.
  2. If the Prime Minister finds himself in one of the situations provided 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.
  3. Provisions under paragraph (2) shall apply accordingly to the other members of the Government, on proposal by the Prime Minister, for a period of 45 days, at the most.

Acts of the Government

ARTICLE 107

  1. The Government shall adopt Decisions and Statutory Orders.
  2. Decisions shall be issued to organize the execution of laws.
  3. Statutory orders shall be issued under a special enabling law, within the limits and in conformity with the provisions thereof.
  4. 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

ARTICLE 108

  1. 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.
  2. 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.
  3. Cases of liability, and penalties applicable to members of the Government shall be regulated by a Law on Ministerial responsibility.

End of the term of office

ARTICOLE 109

  1. The Government shall exercise its term of office until validation of the general parliamentary elections.
  2. The Government shall be dismissed on the date Parliament 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.
  3. 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

ARTICLE 110

  1. The Government and other agencies of Public Administration shall, within the Parliamentary control over their activity, be bound to present any information and documents requested by the Chamber of Deputies, the Senate, or Parliamentary Committees, through their respective presidents. In case a legislative initiative involves amendment of provisions of the State Budget or the State social security budget, the request for information shall be compulsory.
  2. Members of the Government are entitled to attend the proceedings of Parliament. If they are requested to be present, participation shall be compulsory.
  3. 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

ARTICLE 111

  1. The Government and each of its members shall be bound to answer to questions or interpellations raised by Deputies or Senators.
  2. The Chamber of Deputies or the Senate may carry a motion expressing the stand as to the issue making the point of interpellation.

Motion of censure

ARTICLE 112

  1. 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.
  2. The motion of censure may be initiated by at least one fourth of the total number of Deputies and Senators, and shall be notified to the Government upon the date of its tabling.
  3. The motion of censure shall be debated upon three days after its presention in the joint session of the Chambers.
  4. 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

ARTICLE 113

  1. 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.
  2. 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.
  3. 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.
  4. In case the President of Romania demands reconsideration of the law passed according to paragraph (3), the debate thereon shall be carried in the joint session of both Chambers.

Legislative delegation

ARTICLE 114

  1. Parliament may pass a special law enabling the Government to issue statutory orders in fields outside the scope of organic laws.
  2. The enabling law shall compulsorily establish the field and the date up to which statutory orders can be issued.
  3. 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.
  4. 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.
  5. 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

Structure

ARTICLE 115

  1. Ministries shall be organized only in subordination to the Government.
  2. Other specialized agencies may be organized in subordination to the Government or Ministeries, or as autonomous administrative authorities.

Establishment

ARTICLE 116

  1. Ministries shall be set up, organized, and function in accordance with the law.
  2. The Government and Ministries may, on the authorization of the Court of Audit, set up specialized agencies in their subordination, but only if the law acknowledges the competence thereof.
  3. Autonomous administrative authorities may be established by an organic law.

The Armed Forces

ARTICLE 117

  1. The Army shall be exclusively subordinated to the will of the people, to guarantee the sovereignty, independence and unity of the State, the Country's territorial integrity, and Constitutional democracy.
  2. The structure of the national 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.
  3. Provisions under paragraphs (1) and (2)( shall apply accordingly to the police and security services of the State, as well as to other components of the Armed Forces.
  4. The organization of military or paramilitary activities outside a State, as well as to other components of the Armed Forces.
  5. No foreign troops may enter or cross the territory of Romania but on terms established by law.

Supreme Council of National Defence

ARTICLE 118

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

Basic principles

ARTICLE 119

Public Administration in territorial-administrative units is based on the principle of local autonomy and decentralization of public services.

Communal and town authorities

ARTICLE 120

  1. The Public Administration authorities, by which local autonomy in communes and towns is implemented, shall be the Local Councils and Mayors elected, in accordance with the law.
  2. The Local Council and Mayors shall act as autonomous administrative autorities and manage public affairs in communes and towns, in accordance with the law.
  3. Authorities under paragraph (1) may also be constituted in the territorial-administrative subdivisions of municipalities.

County Council

ARTICLE 121

  1. 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.
  2. The County Concil shall be elected and function in accordance with the law.

The Prefect

ARTICLE 112

  1. The Government shall appoint a Prefect in each county and in the Municipality of Bucure~ti.
  2. The Prefect is the representative of the Government at local level and shall direct any decentralized public services of the Ministries and other central agencies in the territorial- administrative units.
  3. The powers of the Prefect shall be established by law.
  4. The Prefect may challenge, in the administrative court, an act of the County 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

ARTICLE 123

  1. Justice shall be rendered in the name of the law.
  2. Judges shall be independent and subject only to the law.

Status of Judges

ARTICLE 124

  1. Judges appointed by the President of Romania shall be irremovable, according to the law. The President and other Judges of the Supreme Court of Justice shall be appointed for a term of six years, and may be 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.
  2. 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

ARTICLE 125

  1. Justice shall be administered by the Supreme Court of Justice and other courts established by law.
  2. The setting up of courts of exception is prohibited.
  3. Competence and procedure of courts shall be regulated by law.

Publicity of debates

ARTICLE 126

Proceedings shall be public, except for the cases provided by law.

Right to have an interpreter

ARTICLE 127

  1. Procedure shall be conducted in Romanian.
  2. Citizens belonging to national minorities, as well as persons who cannot understand or speak Romanian have the right to take cognizance of all acts and files of the case, to speak before the Court and formulate conclusions, through an interpreter; in criminal trials, this right shall be ensured free of charge.

Use of appeal

ARTICLE 128

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

ARTICLE 129

Courts of law shall have police placed at their disposal.

Section 2 - The Public Ministry

Role of Public Ministry

ARTICLE 130

  1. Within judicial activity, the Public Ministry shall represent general interests of the society and defend legal order, as well as the citizens' rights and freedoms.
  2. The Public Ministry shall discharge its powers throught Public Prosecutors, constituted into public prosecutor's offices, in accordance with the law.

Status of Public Prosecutors

ARTICLE 131

  1. 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 Justice.
  2. The office of a Public Prosecutor shall be incompatible with any other public or private office, except that of an academic professorial activity.

Section 3 - Superior Council of the Magistracy

Composition

ARTICLE 132

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.

Powers

ARTICLE 133

  1. 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.
  2. 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

Economy

ARTICLE 134

  1. Romania's economy is a free market economy.
  2. The State must secure:
    a) a free trade, protection of loyal competition, provision of a 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.

Property

ARTICLE 135

  1. The State shall protect property.
  2. Property is public or private.
  3. Public property belongs to the State or iuts territorial-administrative units.
  4. 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.
  5. Public-owned assets shall be inalienable. They may be taken over for administration by self-managed public companies or public institutions, or may be leased or granted in concession, in accordance with the law.
  6. Private property shall be, in accordance with the law, inviolable.

Financial system

ARTICLE 136

  1. Formation, administration, use and control of the financial resources of the State, of territorial-administrative units and public institutions shall be regulated by law.
  2. The national currency is the Leu, with its subdivision, the Ban. National Public

Budget

ARTICLE 137

  1. The National Public Budget shall comprise the State budget, the State social security budget and the local budgets of communes, towns and counties.
  2. The Government shall annually draft the State budget and State social security budget, which it shall submit separately to Parliament for approval.
  3. If the Law on the State budget and the Law on the State social security budget fail to be passed by 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.
  4. Local budgets shall be drafted, approved and executed in accordance with the law.
  5. No budget expendure shall be approved unless its financing source has been established.

Taxes and duties

ARTICLE 138

  1. Taxes, duties and any other revenue of the State budget and State social security budget shall be established only by law.
  2. Local taxes and duties shall be established by the local or county councils, within limits and under the terms of the law.

Court of Audit

ARTICLE 139

  1. The Court of Audit shall exercise control on the formation, administration and use of the financial resources of the State and the public sector. The Court shall also have jurisdictional powers, as provided by law.
  2. The Court of Audit shall annually report to Parliament on the accounts of the National Public Budget administration in the expired budgetary year, including cases of mismanagement.
  3. 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.
  4. Members of the Court of Audit, appointed by Parliament, shall be independent and irremovable, according to the law. They shall be subject to the incompatiblities the law provides for judges.


TITLE V - Constitutional Court

Structure

ARTICLE 140

  1. The Constitutional Court consists of nine Judges, appointed for a term of office of nine years, that cannot be prolonged or renewed.
  2. Three Judges shall be appointed by the Chamber of Deputies, three by the Senate, and three by the Pesident of Romania.
  3. Judges of the Constitutional Court shall elect, by secret vote, the President thereof, for a term of three years.
  4. The Constitutional Court shall be renewed by one third of its Judges every three years, in accordance with the provisions of the Court's organic law.

Qualification for appointment

ARTICLE 141

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.

Incompatibilies

ARTICLE 142

The office of a Judge at Constitutional Court is incompatible with any other public or private office, except that of academic proffesorial activity.

Independence and irremovability

ARTICLE 143

Judges of the Constitutional Court shall be independent in the exercise of their office and irremovable during the term of office.

Powers

ARTICLE 144

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

ARTICLE 145

  1. 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.
  2. Decisions of the Constitutional Court shall be binding and effective only for the future. They shall be published in the Official Gazette of Romania.


TITLE VI - Revision of the Constitution

Initiative of Revision

ARTICLE 146

  1. 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.
  2. The citizens who initiate the revision of the Constitution must belong to at least half the number of the counties in the country, and in each of the respective counties or in the Municipality of Bucure~ti, at least 20,000 signatures must be recorded in support of this initiative.

Procedure of Revision

ARTICLE 147

  1. 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.
  2. If no agreement can be reached by a mediation procedure, the Chamber of Deputies and the Senate shall decide thereupon, in joint session, by the vote of a least three quartiers of the number of Deputies and Senators.
  3. The revision shall be final after approval by a referendum held within 30 days from the date of passing the draft or proposal of revision.

Limits of Revision

ARTICLE 148

  1. The provisions of this Constitution with regard to the national, independent, unitary and indivisible character of the Romanian State, the Republican form of government, territorial integrity, independence of the judiciary, political pluralism and official language shall not be subject to revision.
  2. Likewise, no revision shall be made if it results in the supression of the citizens' fundamental rights and freedoms, or the safeguards thereof.
  3. The Constitution shall not be revised during a state of siege or emergency, or at wartime.


TITLE VII - Final and transitory provisions

Coming into force

ARTICLE 149

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

ARTICLE 150

  1. The laws and all other normative acts shall remain in force in so far they are not contradicting the provisions of this Constitution.
  2. The Legislative Council shall, within 12 months from the 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.

Current Institutions

ARTICLE 151

  1. 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.
  2. The new Supreme Court of Justice shall, in accordance with the law, be appointed by the Chamber of Deputies and the Senate, in a joint session, on proposal by the President of Romania, within 6 months from the date of coming into force of this Constituton.

Future Institutions

ARTICLE 152

  1. 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.
  2. 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