The Romanian Constitution
Romanian Parliament – Constitution of October 31, 2003
Constitution of 2003
Effective October 31, 2003
Published in the Official Gazette, Part I no. 767 of October 31, 2003. There are no changes until November 27, 2015.
Last application update: 11/27/2015 4:49:22 PM.
It is recommended to update the application.
* Amended and supplemented by the Law on the revision of the Romanian Constitution no. 429/2003, published in the Official Gazette of Romania, Part I, no. 758 of October 29, 2003, republished by the Legislative Council, pursuant to art. 152 of the Constitution, with the updating of the names and giving the texts a new numbering (art. 152 became, in republished form, art. 156).
Law on the revision of the Romanian Constitution no. 429/2003 was approved by the national referendum of October 18-19, 2003 and entered into force on October 29, 2003, the date of publication in the Official Gazette of Romania, Part I, no. 758 of October 29, 2003 of the Decision of the Constitutional Court no. 3 of October 22, 2003 for the confirmation of the result of the national referendum of October 18-19, 2003 regarding the Law on the revision of the Romanian Constitution.
The Romanian Constitution, in its initial form, was adopted at the meeting of the Constituent Assembly on November 21, 1991, was published in the Official Gazette of Romania, Part I, no. 233 of 21 November 1991 and entered into force following its approval by the national referendum of 8 December 1991.
TITLE I
General principles
ARTICLE 1
The Romanian state
(1) Romania is a national state, sovereign and independent, unitary and indivisible.
(2) The form of government of the Romanian state is the republic.
(3) Romania is a state of law, democratic and social, in which human dignity, citizens’ rights and freedoms
, free development of human personality, justice and political pluralism are supreme values, in the spirit of the democratic traditions of the Romanian people and the ideals of the December 1989 Revolution. , and are guaranteed.
(4) The state is organized according to the principle of separation and balance of powers – legislative, executive and judicial – within the constitutional democracy.
(5) In Romania, the observance of the Constitution, of its supremacy and of the laws is obligatory.
ARTICLE 2
Sovereignty
(1) The national sovereignty belongs to the Romanian people, which exercises it through its representative bodies, constituted by free, periodic and fair elections, as well as by referendum.
(2) No group or person may exercise sovereignty in its own name.
ARTICLE 3
territory
(1) The territory of Romania is inalienable.
(2) The borders of the country are enshrined by organic law, in compliance with the principles and other generally accepted norms of international law.
(3) The territory is organized, under administrative aspect, in communes, cities and counties. Under the law, some cities are declared municipalities.
(4) Foreign populations may not be displaced or colonized on the territory of the Romanian state.
ARTICLE 4
The unity of the people and equality between citizens
(1) The state is based on the unity of the Romanian people and the solidarity of its citizens.
(2) Romania is the common and indivisible homeland of all its citizens, regardless of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin.
ARTICLE 5
citizenship
(1) The Romanian citizenship is acquired, kept or lost under the conditions provided by the organic law.
(2) The Romanian citizenship cannot be withdrawn to the one who acquired it by birth.
ARTICLE 6
The right to identity
(1) The state recognizes and guarantees to persons belonging to national minorities the right to preserve, develop and express their ethnic, cultural, linguistic and religious identity.
(2) The protection measures taken by the state for the preservation, development and expression of the identity of persons belonging to national minorities must comply with the principles of equality and non-discrimination in relation to other Romanian citizens.
ARTICLE 7
Romanians abroad
The state supports the strengthening of ties with Romanians outside the country’s borders and acts to preserve, develop and express their ethnic, cultural, linguistic and religious identity, in compliance with the legislation of the state of which they are citizens.
ARTICLE 8
Pluralism and political parties
(1) Pluralism in the Romanian society is a condition and a guarantee of the constitutional democracy.
(2) The political parties are constituted and carry out their activity under the conditions of the law. They contribute to the definition and expression of the political will of the citizens, respecting national sovereignty, territorial integrity, the rule of law and the principles of democracy.
ARTICLE 9
Trade unions, employers and professional associations
Trade unions, employers’ associations and professional associations are set up and carry out their activity according to their statutes, in accordance with the law. They contribute to the protection of their rights and to the promotion of the professional, economic and social interests of their members.
ARTICLE 10
International relations
Romania maintains and develops peaceful relations with all states and, in this context, good neighborly relations, based on the principles and other generally accepted norms of international law.
ARTICLE 11
International law and domestic law
(1) The Romanian state undertakes to fulfill exactly and in good faith the obligations incumbent on it from the treaties to which it is a party.
(2) The treaties ratified by the Parliament, according to the law, are part of the internal law.
(3) If a treaty to which Romania is to become a party contains provisions contrary to the Constitution, its ratification may take place only after the revision of the Constitution.
ARTICLE 12
National symbols
(1) The flag of Romania is tricolor; the colors are arranged vertically, in the following order starting from the spear: blue, yellow, red.
(2) Romania’s national day is December 1.
(3) The national anthem of Romania is “Wake up Romanians”.
(4) The coat of arms of the country and the seal of the state are established by organic laws.
ARTICLE 13
Official language
In Romania, the official language is Romanian.
ARTICLE 14
Capital
The capital of Romania is the city of Bucharest.
TITLE II
Fundamental rights, freedoms and duties
CHAPTER I
Common provisions
ARTICLE 15
Universality
(1) Citizens enjoy the rights and freedoms enshrined in the Constitution and other laws and have the obligations provided by them.
(2) The law provides only for the future, except for the more favorable criminal or contravention law.
ARTICLE 16
Equality in rights
(1) Citizens are equal before the law and public authorities, without privileges and without discrimination.
(2) No one is above the law.
(3) The public functions and dignities, civil or military, may be occupied, in accordance with the law, by the persons who have Romanian citizenship and domicile in the country. The Romanian state guarantees equal opportunities between women and men for holding these positions and dignities.
(4) Under the conditions of Romania’s accession to the European Union, the citizens of the Union who meet the requirements of the organic law have the right to elect and to be elected in the local public administration authorities.
ARTICLE 17
Romanian citizens abroad
Romanian citizens enjoy the protection of the Romanian state abroad and must fulfill their obligations, except for those that are not compatible with their absence from the country.
ARTICLE 18
Foreign nationals and stateless persons
(1) Foreign citizens and stateless persons living in Romania enjoy the general protection of persons and property, guaranteed by the Constitution and other laws.
(2) The right of asylum is granted and withdrawn in accordance with the law, in compliance with the treaties and international conventions to which Romania is a party.
ARTICLE 19
Extradition and expulsion
(1) The Romanian citizen cannot be extradited or expelled from Romania.
(2) By derogation from the provisions of paragraph (1), Romanian citizens may be extradited on the basis of international conventions to which Romania is a party, in accordance with the law and on the basis of reciprocity.
(3) Foreign nationals and stateless persons may be extradited only on the basis of an international convention or under conditions of reciprocity.
(4) The expulsion or extradition is decided by the court.
ARTICLE 20
International human rights treaties
(1) The constitutional provisions regarding the rights and freedoms of the citizens shall be interpreted and applied in accordance with the Universal Declaration of Human Rights, with the covenants and with the other treaties to which Romania is a party.
(2) If there are inconsistencies between the pacts and treaties on fundamental human rights, to which Romania is a party, and domestic laws, international regulations shall take precedence, unless the Constitution or domestic laws contain more favorable provisions.
ARTICLE 21
Free access to justice
(1) Any person may apply to the courts for the protection of his rights, freedoms and legitimate interests.
(2) No law may restrict the exercise of this right.
(3) The parties have the right to a fair trial and to the settlement of cases within a reasonable time.
(4) Special administrative jurisdictions are optional and free of charge.
CHAPTER II
Fundamental rights and freedoms
ARTICLE 22
The right to life and physical and mental integrity
(1) The right to life, as well as the right to physical and mental integrity of the person are guaranteed.
(2) No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
(3) The death penalty is prohibited.
ARTICLE 23
Individual freedom
1. Individual liberty and security of person shall be inviolable.
(2) The search, detention or arrest of a person is allowed only in the cases and with the procedure provided by law.
(3) Detention may not exceed 24 hours.
(4) The pre-trial detention shall be ordered by the judge and only during the criminal trial.
(5) During the criminal investigation, the pre-trial detention may be ordered for a maximum of 30 days and may be extended by a maximum of 30 days, without the total duration exceeding a reasonable term, and not more than 180 days.
(6) In the trial phase, the court is obliged, in accordance with the law, to verify periodically, and not later than 60 days, the legality and validity of the pre-trial detention and to order, immediately, the release of the defendant, if the grounds determined if the pre-trial detention has ceased or if the court finds that there are no new grounds justifying the maintenance of deprivation of liberty.
(7) The court’s decisions regarding the measure of pre-trial detention are subject to the remedies provided by law.
(8) The detainee or detainee shall be informed immediately, in the language he understands, of the reasons for his detention or arrest, and the accusation, as soon as possible; the accusation is brought to light only in the presence of a lawyer, chosen or appointed ex officio.
(9) The release of the detained or arrested person is obligatory, if the reasons for these measures have disappeared, as well as in other situations provided by law.
(10) The person arrested on remand has the right to request his / her provisional release, under judicial control or on bail.
(11) Pending the final judgment of the conviction, the person shall be presumed innocent.
(12) No punishment may be established or applied except under the conditions and under the law.
(13) The custodial sentence can only be of a criminal nature.
ARTICLE 24
The right to defense
(1) The right to defense is guaranteed.
(2) Throughout the process, the parties have the right to be assisted by a lawyer, chosen or appointed ex officio.
ARTICLE 25
Free circulation
(1) The right to free movement, in the country and abroad, is guaranteed. The law establishes the conditions for exercising this right.
(2) Every citizen is guaranteed the right to establish his domicile or residence in any locality in the country, to emigrate, as well as to return to the country.
ARTICLE 26
Intimate, family and private life
(1) The public authorities respect and protect the intimate, family and private life.
(2) The natural person has the right to dispose of himself, if he does not violate the rights and freedoms of others, public order or good morals.
ARTICLE 27
Inviolability of the home
(1) The domicile and the residence are inviolable. No one may enter or remain in a person’s home or residence without his or her consent.
(2) The provisions of paragraph (1) may be derogated by law for the following situations:
- execution of an arrest warrant or a court decision;
- removal of a danger to the life, physical integrity or property of a person;
- defense of national security or public order;
- preventing the spread of an epidemic.
(3) The search shall be ordered by the judge and shall be carried out under the conditions and in the forms provided by law.
(4) Searches during the night are prohibited, except in the case of flagrant offenses.
ARTICLE 28
The secret of correspondence
The secrecy of letters, telegrams, other postal items, telephone calls and other legal means of communication is inviolable.
ARTICLE 29
Freedom of conscience
(1) The freedom of thought and opinion, as well as the freedom of religious beliefs may not be restricted in any form. No one can be compelled to adopt an opinion or adhere to a religious belief contrary to his or her beliefs.
(2) Freedom of conscience is guaranteed; it must be manifested in a spirit of tolerance and mutual respect.
(3) Religious cults are free and are organized according to their own statutes, in accordance with the law.
(4) In the relations between the cults, any forms, means, acts or actions of religious enmity are forbidden.
(5) Religious cults are autonomous from the state and enjoy its support, including by facilitating religious assistance in the army, in hospitals, in penitentiaries, in asylums and in orphanages.
(6) The parents or guardians have the right to ensure, according to their own convictions, the education of the minor children whose responsibility they have.
ARTICLE 30
Freedom of speech
(1) The freedom of expression of thoughts, opinions or beliefs and the freedom of creation of any kind, by word of mouth, writing, images, sounds or other means of communication in public, are inviolable.
(2) Censorship of any kind is prohibited.
(3) Freedom of the press also implies the freedom to set up publications.
(4) No publication may be deleted.
(5) The law may impose on the mass media the obligation to make public the source of financing.
(6) Freedom of expression may not prejudice the dignity, honor, private life of the person or the right to one’s own image.
(7) Defamation of the country and the nation, incitement to war of aggression, national, racial, class or religious hatred, incitement to discrimination, territorial separatism or public violence, as well as obscene manifestations contrary to morals are prohibited by law. .
(8) The civil responsibility for the information or for the creation brought to public knowledge rests with the publisher or director, the author, the organizer of the artistic event, the owner of the means of multiplication, of the radio or television station, in accordance with the law. Press offenses are established by law.
ARTICLE 31
The right to information
(1) The right of the person to have access to any information of public interest may not be restricted.
(2) The public authorities, according to their competences, are obliged to ensure the correct information of the citizens on the public affairs and on the issues of personal interest.
(3) The right to information must not prejudice measures to protect young people or national security.
(4) The mass media, public and private, are obliged to ensure the correct information of the public opinion.
(5) Public radio and television services are autonomous. They must guarantee the exercise of the right to air on important social and political groups. The organization of these services and the parliamentary control over their activity are regulated by organic law.
ARTICLE 32
The right to education
(1) The right to education is ensured through compulsory general education, through high school and vocational education, through higher education, as well as through other forms of instruction and improvement.
(2) Education of all grades is conducted in Romanian. Under the law, education can also be conducted in a language of international circulation.
(3) The right of persons belonging to national minorities to learn their mother tongue and the right to be trained in that language are guaranteed; the modalities of exercising these rights are established by law.
(4) State education is free, according to the law. The state grants social scholarships to children and young people from disadvantaged and institutionalized families, in accordance with the law.
(5) Education of all grades is carried out in state units, private and confessional, in accordance with the law.
(6) University autonomy is guaranteed.
(7) The state ensures the freedom of religious education, according to the specific requirements of each cult. In state schools, religious education is organized and guaranteed by law.
ARTICLE 33
Access to culture
(1) Access to culture is guaranteed, in accordance with the law.
(2) The freedom of the person to develop his spirituality and to access the values of the national and universal culture cannot be restricted.
(3) The state must ensure the preservation of the spiritual identity, the support of the national culture, the stimulation of the arts, the protection and preservation of the cultural heritage, the development of the contemporary creativity, the promotion of the cultural and artistic values of Romania in the world.
ARTICLE 34
The right to health care
(1) The right to health care is guaranteed.
(2) The state is obliged to take measures to ensure hygiene and public health.
(3) The organization of the medical assistance and the social insurance system for illness, accidents, maternity and recovery, the control of the exercise of the medical professions and paramedical activities, as well as other measures for the protection of the physical and mental health of the person shall be established according to law.
ARTICLE 35
The right to a healthy environment
(1) The state recognizes the right of every person to a healthy and ecologically balanced environment.
(2) The state provides the legislative framework for the exercise of this right.
(3) Natural and legal persons have a duty to protect and improve the environment.
ARTICLE 36
The right to vote
(1) Citizens have the right to vote from the age of 18, fulfilled until the day of the elections inclusive.
(2) The mentally debilitated or insane persons, placed under interdiction, nor the persons condemned, by a final court decision, to the loss of electoral rights shall not have the right to vote.
ARTICLE 37
The right to be elected
1. Citizens with the right to vote who meet the conditions set out in Article 16 (3) shall be elected if they are not prohibited from joining political parties in accordance with Article 40 (3).
(2) Candidates must have reached, by election day inclusive, at least 23 years of age to be elected to the Chamber of Deputies or local public administration bodies, at least 33 years of age to be elected to the Senate, and at least 35 years of age to be elected President of Romania.
ARTICLE 38
The right to be elected to the European Parliament
Under the conditions of Romania’s accession to the European Union, Romanian citizens have the right to vote and to be elected to the European Parliament.
ARTICLE 39
Freedom of assembly
Rallies, demonstrations, processions or any other gatherings are free and can be organized and held only peacefully, without any weapons.
ARTICLE 40
The right of association
(1) Citizens may freely associate in political parties, trade unions, employers’ associations and other forms of association.
(2) The parties or organizations that, through their purposes or through their activity, militate against the political pluralism, the principles of the rule of law or the sovereignty, integrity or independence of Romania are unconstitutional.
(3) The judges of the Constitutional Court, the ombudsmen, the magistrates, the active members of the army, the police and other categories of civil servants established by organic law may not be part of political parties.
(4) Secret associations are prohibited.
ARTICLE 41
Labor and social protection of labor
(1) The right to work cannot be restricted. The choice of profession, trade or occupation, as well as job is free.
(2) Employees have the right to social protection measures. These concern the safety and health of employees, the employment regime of women and young people, the establishment of a minimum gross salary in the country, weekly rest, paid leave, work in special or special conditions, vocational training and other specific situations, established by law.
(3) The normal working day is, on average, a maximum of 8 hours.
(4) For equal work, women have equal pay for men.
(5) The right to collective bargaining in the field of labor and the binding nature of collective agreements are guaranteed.
ARTICLE 42
Prohibition of forced labor
(1) Forced labor is prohibited.
(2) Does not constitute forced labor:
- activities for the performance of military duties, as well as those carried out, according to the law, in their place, for religious or conscience reasons;
- the work of a convicted person, performed under normal conditions, during a period of detention or parole;
- the benefits imposed in the situation created by calamities or other danger, as well as those that are part of the normal civil obligations established by law.
ARTICLE 43
The right to strike
(1) Employees have the right to strike for the protection of professional, economic and social interests.
(2) The law establishes the conditions and limits of exercising this right, as well as the guarantees necessary to ensure the essential services for the company.
ARTICLE 44
Private property rights
(1) The property right, as well as the claims on the state, are guaranteed. The content and limits of these rights are established by law.
(2) Private property is equally guaranteed and protected by law, regardless of the owner. Foreign nationals and stateless persons may acquire the right of private ownership over land only under the conditions resulting from Romania’s accession to the European Union and other international treaties to which Romania is a party, on the basis of reciprocity, under the conditions provided by organic law and legal inheritance. .
(3) No one may be expropriated except for a cause of public utility, established according to the law, with fair and prior compensation.
(4) The nationalization or any other measures of forced transfer of public property on the basis of the social, ethnic, religious, political or other discriminatory affiliation of the holders are prohibited.
(5) For works of general interest, the public authority may use the basement of any real estate, with the obligation to compensate the owner for damage to soil, plantations or buildings, as well as for other damages attributable to the authority.
6. The compensation provided for in paragraphs 3 and 5 shall be determined by common accord of the owner or, in the event of a dispute, by court.
(7) The property right obliges to the observance of the tasks regarding the protection of the environment and the assurance of the good neighborhood, as well as to the observance of the other tasks that, according to the law or the custom, belong to the owner.
(8) The lawfully acquired property may not be confiscated. The lawfulness of the acquisition is presumed.
(9) The goods intended, used or resulting from crimes or contraventions may be confiscated only in accordance with the law.
ARTICLE 45
Economic freedom
The free access of the person to an economic activity, free initiative and their exercise under the conditions of the law are guaranteed.
ARTICLE 46
The right to inherit
The right to inheritance is guaranteed.
ARTICLE 47
Standard of living
(1) The state is obliged to take measures for economic development and social protection, in order to ensure a decent standard of living for the citizens.
(2) Citizens have the right to a pension, to paid maternity leave, to medical assistance in state health units, to unemployment benefits and to other forms of public or private social insurance, provided by law. Citizens also have the right to social assistance measures, according to the law.
ARTICLE 48
The family
(1) The family is based on the freely consented marriage between the spouses, on their equality and on the right and duty of the parents to ensure the upbringing, education and training of the children.
(2) The conditions for concluding, dissolving and annulling the marriage shall be established by law. Religious marriage can be celebrated only after civil marriage.
(3) Children out of wedlock are equal before the law with those out of wedlock.
ARTICLE 49
Protection of children and young people
(1) Children and young people shall enjoy special protection and assistance in the exercise of their rights.
(2) The state grants allowances for children and aids for the care of a sick or disabled child. Other forms of social protection of children and young people are established by law.
(3) The exploitation of minors, their use in activities that would harm their health, morality or that would endanger their life or normal development are prohibited.
(4) Minors under the age of 15 may not be employed as employees.
(5) The public authorities have the obligation to contribute to ensuring the conditions for the free participation of young people in the political, social, economic, cultural and sports life of the country.
ARTICLE 50
Protection of people with disabilities
People with disabilities enjoy special protection. The state ensures the implementation of a national policy of equal opportunities, prevention and treatment of disability, in order to effectively involve persons with disabilities in community life, respecting the rights and duties of parents and guardians.
ARTICLE 51
The right to petition
(1) Citizens have the right to address public authorities through petitions made only on behalf of the signatories.
(2) The legally constituted organizations have the right to address petitions exclusively on behalf of the groups they represent.
(3) The exercise of the right to petition is exempt from tax.
(4) The public authorities have the obligation to respond to the petitions within the terms and under the conditions established according to the law.
ARTICLE 52
The right of the person harmed by a public authority
(1) The person harmed in a right or in a legitimate interest, by a public authority, by an administrative act or by the failure to resolve an application within the legal term, is entitled to obtain recognition of the claimed right or legitimate interest, annulment of the act and repair of the damage.
(2) The conditions and limits of the exercise of this right shall be established by organic law.
(3) The state is patrimonially liable for damages caused by judicial errors. The responsibility of the state is established in accordance with the law and does not remove the responsibility of magistrates who have exercised their office in bad faith or gross negligence.
ARTICLE 53
Restriction on the exercise of certain rights or freedoms
(1) The exercise of certain rights or freedoms may be restricted only by law and only if required, as the case may be, for: the defense of national security, order, public health or morals, the rights and freedoms of citizens; conducting criminal investigation; prevention of the consequences of a natural disaster, of a disaster or of a particularly serious disaster.
(2) Restriction may be ordered only if it is necessary in a democratic society. The measure must be proportionate to the situation which gave rise to it, it must be applied in a non-discriminatory manner and without prejudice to the existence of a right or freedom.
CHAPTER III
Fundamental duties
ARTICLE 54
Loyalty to the country
(1) Loyalty to the country is sacred.
(2) The citizens to whom public functions are entrusted, as well as the military, are responsible for the fulfillment with faith of the obligations incumbent on them and, for this purpose, will take the oath required by law.
ARTICLE 55
Defending the country
(1) Citizens have the right and obligation to defend Romania.
(2) The conditions regarding the fulfillment of the military duties are established by organic law.
(3) Citizens may be incorporated from the age of 20 and up to the age of 35, except for volunteers, under the conditions of the organic law.
ARTICLE 56
Financial contributions
(1) Citizens have the obligation to contribute, through taxes and fees, to public expenditures.
(2) The legal system of taxation must ensure the fair settlement of tax burdens.
(3) Any other benefits are prohibited, apart from those established by law, in exceptional situations.
ARTICLE 57
Exercise of rights and freedoms
Romanian citizens, foreign nationals and stateless persons must exercise their constitutional rights and freedoms in good faith, without violating the rights and freedoms of others.
CHAPTER IV
People’s Advocate
ARTICLE 58
Appointment and role
(1) The People’s Advocate is appointed for a period of 5 years for the defense of the rights and freedoms of natural persons. The People’s Advocate’s deputies are specialized in their fields of activity.
(2) The People’s Advocate and his deputies may not hold any other public or private office, except for teaching positions in higher education.
(3) The organization and functioning of the People’s Advocate institution shall be established by organic law.
ARTICLE 59
Exercising duties
(1) The People’s Advocate exercises his attributions ex officio or at the request of the persons harmed in their rights and freedoms, within the limits established by law.
(2) The public authorities are obliged to provide the People’s Advocate with the necessary support in the exercise of his attributions.
ARTICLE 60
Report to Parliament
The People’s Advocate submits reports to the two Houses of Parliament, annually or at their request. The reports may contain recommendations on legislation or other measures to protect the rights and freedoms of citizens.
TITLE III
Public authorities
CHAPTER I
parliament
SECTION 1
Organization and operation
ARTICLE 61
Role and structure
(1) The Parliament is the supreme representative body of the Romanian people and the only legislative authority of the country.
(2) The Parliament is composed of the Chamber of Deputies and the Senate.
ARTICLE 62
Choice of Rooms
(1) The Chamber of Deputies and the Senate are elected by universal, equal, direct, secret and free vote, according to the electoral law.
(2) The organizations of the citizens belonging to the national minorities, which do not gather in the elections the number of votes in order to be represented in the Parliament, have the right to one seat each, under the conditions of the electoral law. Citizens of a national minority can only be represented by one organization.
(3) The number of deputies and senators is established by the electoral law, in relation to the population of the country.
ARTICLE 63
Term of office
(1) The Chamber of Deputies and the Senate are elected for a term of 4 years, which is extended by right in a state of mobilization, war, siege or emergency, until their termination.
(2) The elections for the Chamber of Deputies and for the Senate shall take place within maximum 3 months from the expiration of the mandate or from the dissolution of the Parliament.
(3) The newly elected Parliament shall meet, at the convocation of the President of Romania, within 20 days from the elections.
(4) The mandate of the Chambers is extended until the legal assembly of the new Parliament. During this period, the Constitution cannot be revised and no organic laws can be adopted, amended or repealed.
(5) Bills or legislative proposals on the agenda of the previous Parliament shall continue in the new Parliament.
ARTICLE 64
Internal organization
(1) The organization and functioning of each Chamber shall be established by its own regulations. The financial resources of the Chambers are provided in the budgets approved by them.
(2) Each Chamber shall elect a permanent office. The President of the Chamber of Deputies and the President of the Senate are elected during the term of the Chambers. The other members of the Permanent Bureau shall be elected at the beginning of each session. Members of the Permanent Bureau may be removed before the expiry of their term of office.
(3) Deputies and senators may be organized in parliamentary groups, according to the regulations of each Chamber.
(4) Each Chamber shall set up its own standing committees and may set up committees of inquiry or other special committees. The chambers may set up joint committees.
(5) The permanent bureaus and the parliamentary commissions shall be composed according to the political configuration of each Chamber.
ARTICLE 65
Meetings of the Chambers
(1) The Chamber of Deputies and the Senate work in separate sittings.
(2) The chambers also carry out their work in joint sittings, according to a regulation adopted with the vote of the majority of deputies and senators, for:
- receiving the message from the President of Romania;
- approval of the state budget and the state social insurance budget;
- declaration of total or partial mobilization;
- declaration of state of war;
- suspension or cessation of military hostilities;
- approval of the national defense strategy of the country;
- examination of the reports of the Supreme Council of National Defense;
- the appointment, at the proposal of the President of Romania, of the directors of the intelligence services and the exercise of control over the activity of these services;
- appointment of the People’s Advocate;
- establishing the status of deputies and senators, establishing their allowance and other rights;
- the fulfillment of other attributions which, according to the Constitution or the regulation, are exercised in a joint session.
ARTICLE 66
session
(1) The Chamber of Deputies and the Senate meet in two ordinary sessions per year. The first session begins in February and cannot be later than the end of June. The second session shall begin in September and may not exceed the end of December.
(2) The Chamber of Deputies and the Senate shall also meet in extraordinary sessions, at the request of the President of Romania, of the permanent bureau of each Chamber or of at least one third of the number of deputies or senators.
(3) The convening of the Chambers is done by their presidents.
ARTICLE 67
Legal acts and legal quorum
The Chamber of Deputies and the Senate adopt laws, decisions and motions in the presence of the majority of members.
ARTICLE 68
The public nature of the meetings
(1) The meetings of the two Chambers are public.
(2) The chambers may decide that certain meetings shall be secret.
SECTION 2
Statute for Members and Senators
ARTICLE 69
Representative mandate
(1) In the exercise of the mandate, the deputies and the senators are in the service of the people.
(2) Any mandatory mandate is void.
ARTICLE 70
The mandate of deputies and senators
(1) The deputies and senators enter into the exercise of the mandate on the date of the legal meeting of the Chamber of which they are part, under the condition of validating the election and taking the oath. The oath is established by organic law.
(2) The quality of deputy or senator ceases on the date of the legal meeting of the newly elected Chambers or in case of resignation, loss of electoral rights, incompatibility or death.
ARTICLE 71
incompatibility
(1) No one can be a deputy and a senator at the same time.
(2) The quality of deputy or senator is incompatible with the exercise of any public office of authority, except for that of member of the Government.
(3) Other incompatibilities are established by organic law.
ARTICLE 72
Parliamentary immunity
(1) Deputies and senators may not be held legally liable for votes or for political opinions expressed in the exercise of their mandate.
(2) Deputies and senators may be prosecuted and prosecuted for acts unrelated to votes or political opinions expressed in the exercise of their mandate, but may not be searched, detained or arrested without the consent of their Chamber, after hearing their. Prosecution and prosecution can only be carried out by the Prosecutor’s Office attached to the High Court of Cassation and Justice. Jurisdiction belongs to the High Court of Cassation and Justice.
(3) In case of flagrant crime, the deputies or senators may be detained and subjected to search. The Minister of Justice will inform the President of the Chamber without delay of his detention and search. If the Chamber finds that there is no grounds for detention, it shall immediately order that the measure be revoked.
SECTION 3
enactment
ARTICLE 73
Categories of laws
(1) The Parliament adopts constitutional laws, organic laws and ordinary laws.
(2) The constitutional laws are those of revision of the Constitution.
(3) The organic law regulates:
- the electoral system; organization and functioning of the Permanent Electoral Authority;
- organization, functioning and financing of political parties;
- the status of deputies and senators, the establishment of the indemnity and their other rights;
- organizing and conducting the referendum;
- organization of the Government and the Supreme Council of National Defense;
- the regime of the state of partial or total mobilization of the armed forces and of the state of war;
- the state of siege and the state of emergency;
- the offenses, the punishments and the regime of their execution;
- granting amnesty or collective pardon;
- the status of civil servants;
- administrative litigation;
- the organization and functioning of the Superior Council of Magistracy, of the courts, of the Public Ministry and of the Court of Accounts;
- the general legal regime of property and inheritance;
- general organization of education;
- the organization of the local public administration, of the territory, as well as the general regime regarding the local autonomy;
- the general regime regarding labor relations, trade unions, employers’ associations and social protection;
- the status of national minorities in Romania;
- the general regime of cults;
- the other areas for which the Constitution provides for the adoption of organic laws.
ARTICLE 74
Legislative initiative
(1) The legislative initiative belongs, as the case may be, to the Government, deputies, senators or to a number of at least 100,000 citizens with the right to vote. Citizens who express their right to legislative initiative must come from at least a quarter of the country’s counties, and in each of these counties, respectively in Bucharest, at least 5,000 signatures must be registered in support of this initiative.
(2) Fiscal, international, amnesty and pardon issues may not be the subject of the citizens’ legislative initiative.
(3) The Government exercises its legislative initiative by sending the draft law to the competent Chamber to adopt it, as the first notified Chamber.
(4) Deputies, senators and citizens exercising the right to legislative initiative may present legislative proposals only in the form required for draft laws.
(5) The legislative proposals are first debated by the competent Chamber to adopt them, as the first notified Chamber.
ARTICLE 75
Referral to the Chambers
(1) The draft laws and legislative proposals for the ratification of treaties or other international agreements and of the legislative measures resulting from the application of these treaties or agreements, as well as the draft organic laws provided shall be submitted for debate and adoption to the Chamber of Deputies, as the first notified Chamber. in Article 31 (5), Article 40 (3), Article 55 (2), Article 58 (3), Article 73 (3) (e), (k), (l), (n), (o) , Article 79 (2), Article 102 (3), Article 105 (2), Article 117 (3), Article 118 (2) and (3), Article 120 (2), Article 126 (2) (4) and (5) and Article 142 (5). Other draft laws or legislative proposals are subject to debate and adoption,
(2) The first notified Chamber shall rule within 45 days. For codes and other laws of great complexity, the deadline is 60 days. If these deadlines are exceeded, it is considered that the draft laws or legislative proposals have been adopted.
(3) After adoption or rejection by the first notified Chamber, the draft or legislative proposal shall be sent to the other Chamber which shall decide definitively.
4. If the first Chamber seised adopts a provision which, in accordance with paragraph 1, falls within its decision-making power, the provision shall be finally adopted if the second Chamber also agrees. Otherwise, only for the respective provision, the law returns to the first notified Chamber, which will decide definitively in the emergency procedure.
5. The provisions of paragraph 4 concerning the return of the law shall apply accordingly if the decision – making chamber adopts a provision for which the decision – making power belongs to the first Chamber.
ARTICLE 76
Adoption of laws and decisions
(1) The organic laws and the decisions regarding the regulations of the Chambers shall be adopted with the vote of the majority of the members of each Chamber.
(2) Ordinary laws and decisions shall be adopted by a majority of the members present
. (3) At the request of the Government or on its own initiative, the Parliament may adopt draft laws or legislative proposals with emergency procedure, established according to the regulations of each Chamber.
ARTICLE 77
Promulgation of the law
(1) The law is sent, for promulgation, to the President of Romania. The promulgation of the law is done within a maximum of 20 days from the receipt.
(2) Before promulgation, the President may request the Parliament, once, to re-examine the law.
(3) If the President has requested the re-examination of the law or if the verification of its constitutionality has been requested, the promulgation of the law shall be made within 10 days from the receipt of the law adopted after the re-examination or from the decision of the Constitutional Court confirming its constitutionality.
ARTICLE 78
Entry into force of the law
The law is published in the Official Gazette of Romania and enters into force 3 days from the date of publication or at a later date provided in its text.
ARTICLE 79
Legislative Council
(1) The Legislative Council is a specialized consultative body of the Parliament, which approves the draft normative acts in order to systematize, unify and coordinate the entire legislation. He keeps the official records of the Romanian legislation.
(2) The establishment, organization and functioning of the Legislative Council shall be established by organic law.
CHAPTER II
The President of Romania
ARTICLE 80
The role of the President
(1) The President of Romania represents the Romanian state and is the guarantor of the national independence, unity and territorial integrity of the country.
(2) The President of Romania shall ensure compliance with the Constitution and the proper functioning of public authorities. To this end, the President exercises the function of mediation between the powers of the state, as well as between the state and society.
ARTICLE 81
Election of the President
(1) The President of Romania is elected by universal, equal, direct, secret and free vote.
(2) The candidate who gathered, in the first ballot, the majority of votes of the voters registered in the electoral lists shall be declared elected.
(3) If none of the candidates has obtained this majority, a second ballot shall be held between the first two candidates established in the order of the number of votes obtained in the first round. The candidate with the highest number of votes is declared elected.
(4) No person may hold the office of President of Romania except for a maximum of two terms. These can also be successive.
ARTICLE 82
Validation of the mandate and taking of the oath
(1) The result of the elections for the position of President of Romania is validated by the Constitutional Court.
(2) The candidate whose election has been validated shall take the following oath before the Chamber of Deputies and the Senate, in a joint sitting
: to defend democracy, the fundamental rights and freedoms of the citizens, the sovereignty, independence, unity and territorial integrity of Romania. May God help me! “.
ARTICLE 83
Term of office
(1) The term of office of the President of Romania is 5 years and is exercised from the date of taking the oath.
(2) The President of Romania exercises his mandate until the swearing in of the newly elected President.
(3) The mandate of the President of Romania may be extended, by organic law, in case of war or catastrophe.
ARTICLE 84
Incompatibilities and immunities
(1) During the term of office, the President of Romania may not be a member of a party and may not hold any other public or private office.
(2) The President of Romania shall enjoy immunity. The provisions of Article 72 (1) shall apply accordingly.
ARTICLE 85
Government appointment
(1) The President of Romania nominates a candidate for the position of Prime Minister and appoints the Government on the basis of the vote of confidence granted by the Parliament.
(2) In case of government reshuffle or vacancy, the President revokes and appoints, at the proposal of the Prime Minister, some members of the Government.
(3) If the reshuffle proposal changes the structure or political composition of the Government, the President of Romania may exercise the attribution provided in paragraph (2) only on the basis of the approval of the Parliament, granted at the proposal of the Prime Minister.
ARTICLE 86
Government consultation
The President of Romania may consult the Government on urgent matters of particular importance.
ARTICLE 87
Participation in Government meetings
(1) The President of Romania may take part in the meetings of the Government in which issues of national interest are debated regarding foreign policy, defense of the country, ensuring public order and, at the request of the Prime Minister, in other situations.
(2) The President of Romania presides over the meetings of the Government in which he participates.
ARTICLE 88
Posts
The President of Romania addresses messages to the Parliament regarding the main political issues of the nation.
ARTICLE 89
Dissolution of Parliament
(1) After consulting the Presidents of the two Chambers and the leaders of the parliamentary groups, the President of Romania may dissolve the Parliament, if it has not given the vote of confidence for the formation of the Government within 60 days from the first request and only after rejecting at least two investment requests.
2. Parliament may be dissolved only once in a single year.
(3) The Parliament cannot be dissolved in the last 6 months of the mandate of the President of Romania, nor during the state of mobilization, war, siege or emergency.
ARTICLE 90
referendum
The President of Romania, after consulting the Parliament, may ask the people to express, through a referendum, their will regarding issues of national interest.
ARTICLE 91
Duties in the field of foreign policy
(1) The President concludes international treaties on behalf of Romania, negotiated by the Government, and submits them for ratification to the Parliament, within a reasonable time. Other international treaties and agreements shall be concluded, approved or ratified in accordance with the procedure established by law.
(2) The President, at the proposal of the Government, accredits and recalls the diplomatic representatives of Romania and approves the establishment, abolition or change of the rank of diplomatic missions.
(3) The diplomatic representatives of other states are accredited to the President of Romania.
ARTICLE 92
Duties in the field of defense
(1) The President of Romania is the Commander of the Armed Forces and fulfills the function of President of the Supreme Council of National Defense.
(2) He may declare, with the prior approval of the Parliament, the partial or total mobilization of the armed forces. Only in exceptional cases shall the decision of the President be submitted to Parliament for approval within 5 days of its adoption.
(3) In case of armed aggression directed against the country, the President of Romania shall take measures to repel the aggression and shall immediately inform the Parliament, through a message. If the Parliament is not in session, it is convened by law within 24 hours of the aggression.
(4) In case of mobilization or war, the Parliament continues its activity during all these states, and if it is not in session, it is convened by law within 24 hours from their declaration.
ARTICLE 93
Exceptional measures
(1) The President of Romania establishes, according to the law, the state of siege or the state of emergency in the whole country or in some administrative-territorial units and requests the Parliament to approve the adopted measure, within 5 days from its taking.
(2) If the Parliament is not in session, it shall be convened by law no later than 48 hours after the establishment of the state of siege or the state of emergency and shall function throughout their duration.
ARTICLE 94
Other duties
The President of Romania also fulfills the following attributions:
- confers decorations and titles of honor;
- grants the ranks of marshal, general and admiral;
- appoints to public office, under the conditions provided by law;
- grants individual pardon.
ARTICLE 95
Suspension from office
(1) In case of committing serious acts in violation of the provisions of the Constitution, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in a joint sitting, with the vote of a majority of deputies and senators, after consulting the Constitutional Court. The President may give an explanation to Parliament as to the facts alleged against him.
(2) The proposal for suspension from office may be initiated by at least one third of the number of deputies and senators and shall be notified, without delay, to the President.
(3) If the proposal for suspension from office is approved, a referendum shall be held within 30 days for the dismissal of the President.
ARTICLE 96
Prosecution
(1) The Chamber of Deputies and the Senate, in a joint sitting, with the vote of at least two thirds of the number of deputies and senators, may decide to impeach the President of Romania for high treason.
(2) The proposal for indictment may be initiated by the majority of deputies and senators and shall be brought, without delay, to the President of Romania in order to be able to give explanations regarding the facts imputed to him.
(3) From the date of indictment until the date of dismissal, the President shall be suspended by law.
(4) The jurisdiction belongs to the High Court of Cassation and Justice. The President shall be removed from office on the date on which the conviction becomes final.
ARTICLE 97
Job vacancy
(1) The vacancy of the position of President of Romania occurs in case of resignation, dismissal from office, definitive impossibility of exercising the attributions or death.
(2) Within 3 months from the date of the vacancy of the position of President of Romania, the Government shall hold elections for a new President.
ARTICLE 98
Interim position
(1) If the position of President becomes vacant or if the President is suspended from office or if he is temporarily unable to exercise his duties, the interim shall be provided, in order, by the President of the Senate or the President of the Chamber of Deputies.
(2) The attributions provided in articles 88-90 may not be exercised during the interim of the presidential office.
ARTICLE 99
Responsibility of the Acting President
If the person holding the interim position of President of Romania commits serious acts, which violate the provisions of the Constitution, Article 95 and Article 98 shall apply.
ARTICLE 100
Acts of the President
(1) In the exercise of his attributions, the President of Romania issues decrees which are published in the Official Gazette of Romania. The non-publication entails the non-existence of the decree.
(2) Decrees issued by the President of Romania in the exercise of his powers provided for in Article 91 (1) and (2), Article 92 (2) and (3), Article 93 (1) and Article 94 (a), (b) ) and d) are countersigned by the Prime Minister.
ARTICLE 101
Allowance and other rights
The indemnity and the other rights of the President of Romania are established by law.
CHAPTER III
Government
ARTICLE 102
Role and structure
(1) The government, according to its governing program accepted by the Parliament, ensures the accomplishment of the internal and foreign policy of the country and exercises the general management of the public administration.
(2) In carrying out its duties, the Government shall cooperate with the social bodies concerned.
(3) The government is composed of the prime minister, ministers and other members established by organic law.
ARTICLE 103
Investiture
(1) The President of Romania shall appoint a candidate for the position of Prime Minister, after consulting the party which has an absolute majority in the Parliament or, if there is no such majority, of the parties represented in the Parliament.
(2) The candidate for the position of Prime Minister shall request, within 10 days from the appointment, the vote of confidence of the Parliament on the program and of the entire list of the Government.
(3) The program and the list of the Government shall be debated by the Chamber of Deputies and by the Senate, in a joint sitting. Parliament gives confidence to the Government with the vote of the majority of deputies and senators.
ARTICLE 104
The oath of allegiance
(1) The Prime Minister, the Ministers and the other members of the Government shall take the individual oath of Article 82 before the President of Romania. .
ARTICLE 105
incompatibility
(1) The position of member of the Government is incompatible with the exercise of another public office of authority, except for that of deputy or senator. It is also incompatible with the exercise of a paid professional representation in commercial organizations.
(2) Other incompatibilities are established by organic law.
ARTICLE 106
Termination of office as a member of the Government
The position of member of the Government ceases following resignation, revocation, loss of electoral rights, state of incompatibility, death, as well as in other cases provided by law.
ARTICLE 107
Prime Minister
(1) The Prime Minister leads the Government and coordinates the activity of its members, respecting their attributions. It also submits reports and statements to the Chamber of Deputies or the Senate on Government policy, which is being debated as a matter of priority.
(2) The President of Romania may not remove the Prime Minister.
(3) If the Prime Minister is in one of the situations provided for in Article 106, except for revocation, or is unable to exercise his duties, the President of Romania shall appoint another member of the Government as interim Prime Minister, in order to fulfill the duties of the Prime Minister, until the formation of the new Government. The interim, during the period of impossibility to exercise the attributions, ceases if the Prime Minister resumes his activity in the Government.
4. The provisions of paragraph 3 shall apply mutatis mutandis to other members of the Government, on a proposal from the Prime Minister, for a period not exceeding 45 days.
ARTICLE 108
Government acts
(1) The Government adopts decisions and ordinances.
(2) Decisions are issued for the organization of law enforcement.
(3) The ordinances are issued on the basis of a special enabling law, within the limits and under the conditions provided by it.
(4) The decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the ministers who have the obligation to execute them and shall be published in the Official Gazette of Romania. Non-publication entails the non-existence of the decision or ordinance. Decisions of a military nature shall be communicated only to the institutions concerned.
ARTICLE 109
Responsibility of members of the Government
(1) The Government is politically accountable only to the Parliament for its entire activity. Each member of the Government is politically accountable in solidarity with the other members for the activity of the Government and for its acts.
(2) Only the Chamber of Deputies, the Senate and the President of Romania have the right to request the criminal investigation of the members of the Government for the deeds committed in the exercise of their function. If a criminal investigation has been requested, the President of Romania may order their suspension from office. The prosecution of a member of the Government entails his suspension from office. Jurisdiction belongs to the High Court of Cassation and Justice.
(3) The cases of liability and the punishments applicable to the members of the Government are regulated by a law on ministerial responsibility.
ARTICLE 110
Termination of office
(1) The Government shall exercise its mandate until the date of validation of the general parliamentary elections.
(2) The Government is dismissed on the date of withdrawal by the Parliament of the confidence granted or if the Prime Minister is in one of the situations provided for in Article 106, except for revocation, or is unable to exercise his duties more than 45 days.
3. In the situations referred to in paragraph 2, the provisions of Article 103 shall apply
. to the new Government.
CHAPTER IV
Parliament’s relations with the Government
ARTICLE 111
Informing Parliament
(1) The Government and the other bodies of the public administration, within the parliamentary control of their activity, are obliged to present the information and documents requested by the Chamber of Deputies, by the Senate or by the parliamentary commissions, through their presidents. If a legislative initiative involves amending the provisions of the state budget or the state social insurance budget, the request for information is mandatory.
(2) The members of the Government have access to the works of the Parliament. If their presence is required, their participation is mandatory.
ARTICLE 112
Simple questions, interpellations and motions
(1) The Government and each of its members have the obligation to answer the questions or interpellations formulated by the deputies or senators, under the conditions provided by the regulations of the two Chambers of the Parliament.
(2) The Chamber of Deputies or the Senate may adopt a simple motion expressing its position on a matter of domestic or foreign policy or, as the case may be, on a matter which has been the subject of an interpellation.
ARTICLE 113
Motion of censure
(1) The Chamber of Deputies and the Senate, in a joint sitting, may withdraw the trust granted to the Government by adopting a motion of censure, with the vote of the majority of the deputies and senators.
(2) The motion of censure may be initiated by at least one quarter of the total number of deputies and senators and shall be communicated to the Government on the date of submission.
(3) The motion of censure shall be debated after 3 days from the date when it was presented in the joint sitting of the two Chambers.
(4) If the motion of censure has been rejected, the deputies and senators who signed it may no longer initiate, in the same session, a new motion of censure, unless the Government assumes responsibility under Article 114.
ARTICLE 114
Government accountability
(1) The Government may assume responsibility before the Chamber of Deputies and the Senate, in a joint sitting, on a program, a statement of general policy or a bill.
(2) The Government is dismissed if a motion of censure, submitted within 3 days from the presentation of the program, of the general policy statement or of the draft law, has been voted under the conditions of article 113.
(3) If the Government has not been dismissed in accordance with paragraph 2, the draft law presented, amended or supplemented, as appropriate, with amendments accepted by the Government, shall be deemed adopted and the implementation of the program or the general policy statement shall become binding on the Government.
(4) In case the President of Romania requests the re-examination of the law adopted according to paragraph (3), its debate shall be held in the joint sitting of the two Chambers.
ARTICLE 115
Legislative delegation
(1) The Parliament may adopt a special law empowering the Government to issue ordinances in areas not covered by organic laws.
(2) The enabling law shall establish, obligatorily, the scope and date until which ordinances may be issued.
(3) If the enabling law requires it, the ordinances shall be submitted to the approval of the Parliament, according to the legislative procedure, until the fulfillment of the empowerment term. Failure to comply with the deadline will result in termination of the effects of the ordinance.
(4) The Government may adopt emergency ordinances only in extraordinary situations whose regulation cannot be postponed, having the obligation to motivate the urgency within them.
(5) The emergency ordinance enters into force only after its submission for debate in the emergency procedure to the Chamber competent to be notified and after its publication in the Official Gazette of Romania. The chambers, if not in session, must be convened within 5 days of the submission or, as the case may be, of the referral. If the notified Chamber does not rule on the order within 30 days of its submission, it shall be deemed to have been adopted and shall be referred to the other Chamber which shall also decide on the urgency procedure. The emergency ordinance containing rules of the nature of the organic law shall be approved by the majority provided for in Article 76 (1).
(6) Emergency ordinances may not be adopted in the field of constitutional law, may not affect the regime of fundamental state institutions, rights, freedoms and duties provided by the Constitution, electoral rights and may not concern measures of forced transfer of public property.
7. Orders by which Parliament has been referred shall be approved or rejected by a law which shall also include ordinances the effects of which have ceased in accordance with paragraph 3.
(8) The law of approval or rejection shall regulate, if necessary, the necessary measures regarding the legal effects produced during the period of application of the ordinance.
CHAPTER V
Public administration
SECTION 1
Central specialized public administration
ARTICLE 116
Structure
(1) The ministries are organized only under the subordination of the Government.
(2) Other specialized bodies may be organized under the subordination of the Government or of the ministries or as autonomous administrative authorities.
ARTICLE 117
creation
(1) The ministries are established, organized and function according to the law.
(2) The Government and the ministries, with the approval of the Court of Accounts, may set up specialized bodies, under their subordination, only if the law recognizes this competence.
(3) Autonomous administrative authorities may be established by organic law.
ARTICLE 118
Armed forces
(1) The army is subordinated exclusively to the will of the people to guarantee the sovereignty, independence and unity of the state, the territorial integrity of the country and the constitutional democracy. Under the conditions of the law and of the international treaties to which Romania is a party, the army contributes to the collective defense in the systems of military alliance and participates in actions regarding the maintenance or restoration of peace.
(2) The structure of the national defense system, the preparation of the population, of the economy and of the territory for defense, as well as the status of the military personnel, are established by organic law.
3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to other members of the armed forces established by law.
(4) The organization of military or paramilitary activities outside a state authority is prohibited.
(5) On the territory of Romania may enter, station, carry out operations or pass foreign troops only under the conditions of the law or of the international treaties to which Romania is a party.
ARTICLE 119
Supreme Council of National Defense
The Supreme Council of National Defense organizes and co-ordinates activities related to the defense of the country and national security, participation in maintaining international security and collective defense in military alliance systems, as well as actions to maintain or restore peace.
SECTION 2
Local public administration
ARTICLE 120
Basic principles
(1) The public administration from the administrative-territorial units is based on the principles of decentralization, local autonomy and deconcentration of public services.
(2) In the administrative-territorial units in which the citizens belonging to a national minority have a significant share, the use of the language of the respective national minority shall be ensured in writing and orally in the relations with the local public administration authorities and with the deconcentrated public services.
ARTICLE 121
Communal and city authorities
(1) The public administration authorities, through which the local autonomy in communes and in the cities is realized, are the elected local councils and the elected mayors, in accordance with the law.
(2) The local councils and the mayors function, in accordance with the law, as authorities
. 3. The authorities provided for in paragraph 1 may also be constituted in the administrative-territorial subdivisions of the municipalities.
ARTICLE 122
County Council
(1) The county council is the authority of the public administration for coordinating the activity of the communal and city councils, in order to achieve the public services of county interest.
(2) The county council is elected and operates in accordance with the law.
ARTICLE 123
prefect
(1) The Government appoints a prefect in each county and in the municipality of Bucharest.
(2) The prefect is the representative of the Government at local level and leads the decentralized public services of the ministries and of the other bodies of the central public administration from the administrative-territorial units.
(3) The attributions of the prefect are established by organic law.
(4) There are no subordination relations between the prefects, on the one hand, the local councils and the mayors, as well as the county councils and their presidents, on the other hand.
(5) The prefect may appeal, before the administrative contentious court, an act of the county council, of the local council or of the mayor, in case he considers the act illegal. The contested act is suspended by law.
CHAPTER VI
Judicial authority
SECTION 1
The courts
ARTICLE 124
Doing justice
(1) Justice is administered in the name of the law.
(2) Justice is unique, impartial and equal for all.
(3) Judges are independent and subject only to the law.
ARTICLE 125
Status of judges
(1) The judges appointed by the President of Romania are irremovable, in accordance with the law.
(2) The proposals for appointment, as well as the promotion, transfer and sanctioning of judges are within the competence of the Superior Council of Magistracy, under the conditions of its organic law.
(3) The position of judge is incompatible with any other public or private position, except for teaching positions in higher education.
ARTICLE 126
The courts
(1) Justice is administered by the High Court of Cassation and Justice and by the other courts established by law.
(2) The jurisdiction of the courts and the trial procedure are provided only by law.
(3) The High Court of Cassation and Justice ensures the unitary interpretation and application of the law by the other courts, according to its competence.
(4) The composition of the High Court of Cassation and Justice and its rules of operation shall be established by organic law.
(5) It is forbidden to set up extraordinary courts. Organic law may set up specialized courts in certain matters, with the possibility of the participation, as the case may be, of persons outside the judiciary.
(6) The judicial control of the administrative acts of the public authorities, by means of the administrative contentious, is guaranteed, except for those regarding the relations with the Parliament, as well as of the military command acts. The administrative contentious courts are competent to resolve the claims of the injured persons by ordinances or, as the case may be, by provisions of ordinances declared unconstitutional.
ARTICLE 127
The public nature of the debates
Court hearings are public, except in cases provided by law.
ARTICLE 128
Use of mother tongue and interpreter in court
(1) The judicial procedure is conducted in Romanian.
(2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue before the courts, under the conditions of the organic law.
3. The arrangements for exercising the right provided for in paragraph 2, including the use of interpreters or translations, shall be determined so as not to impede the proper administration of justice and not to involve additional costs for those concerned.
(4) Foreign citizens and stateless persons who do not understand or speak the Romanian language have the right to take note of all the documents and works of the file, to speak in court and to draw conclusions, through an interpreter; in criminal proceedings this right is provided free of charge.
ARTICLE 129
Use of remedies
Against the court decisions, the interested parties and the Public Ministry may exercise the means of appeal, in accordance with the law.
ARTICLE 130
Court police
The courts have the police at their service.
SECTION 2
public ministry
ARTICLE 131
The role of the Public Ministry
(1) In the judicial activity, the Public Ministry represents the general interests of the society and defends the rule of law, as well as the rights and freedoms of the citizens.
(2) The Public Ministry exercises its attributions through prosecutors constituted in prosecutor’s offices, in accordance with the law.
(3) The prosecutor’s offices operate under the courts, lead and supervise the criminal investigation activity of the judicial police, in accordance with the law.
ARTICLE 132
The status of prosecutors
(1) The prosecutors carry out their activity according to the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice.
(2) The position of prosecutor is incompatible with any other public or private position, except for teaching positions in higher education.
SECTION 3
Superior Council of Magistracy
ARTICLE 133
Role and structure
(1) The Superior Council of Magistracy is the guarantor of the independence of the judiciary.
(2) The Superior Council of Magistracy is composed of 19 members, of which:
- 14 are elected in general meetings of magistrates and validated by the Senate; they are part of two sections, one for judges and one for prosecutors; the first section is composed of 9 judges, and the second of 5 prosecutors;
- 2 representatives of the civil society, specialists in the field of law, who enjoy a high professional and moral reputation, elected by the Senate; they participate only in the plenary proceedings;
- the Minister of Justice, the President of the High Court of Cassation and Justice and the Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice.
3. The President of the Superior Council of Magistracy shall be elected for a term of one year, which shall not be renewable, from among the magistrates referred to in paragraph 2 (a).
(4) The term of office of the members of the Superior Council of Magistracy is 6 years.
(5) The decisions of the Superior Council of Magistracy are taken by secret ballot.
(6) The President of Romania presides over the works of the Superior Council of Magistracy in which he participates.
(7) The decisions of the Superior Council of Magistracy are final and irrevocable, except for those provided for in Article 134 (2).
ARTICLE 134
powers
(1) The Superior Council of Magistracy proposes to the President of Romania the appointment of judges and prosecutors, except for the trainees, in accordance with the law.
(2) The Superior Council of Magistracy fulfills the role of court, through its sections, in the field of disciplinary liability of judges and prosecutors, according to the procedure established by its organic law. In these situations, the Minister of Justice, the President of the High Court of Cassation and Justice and the Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice do not have the right to vote.
(3) The decisions of the Superior Council of Magistracy in disciplinary matters may be appealed to the High Court of Cassation and Justice.
(4) The Superior Council of Magistracy also fulfills other attributions established by its organic law, in fulfilling its role of guarantor of the independence of justice.
TITLE IV
Economy and public finances
ARTICLE 135
The economy
(1) The Romanian economy is a market economy, based on free initiative and competition.
(2) The state must ensure:
- freedom of trade, protection of fair competition, creation of a favorable framework for capitalizing on all factors of production;
- protection of national interests in economic, financial and foreign exchange activity;
- stimulating national scientific and technological research, art and copyright protection;
- exploitation of natural resources, in accordance with the national interest;
- restoring and protecting the environment, as well as maintaining the ecological balance;
- creating the necessary conditions to increase the quality of life;
- implementation of regional development policies in line with the objectives of the European Union.
ARTICLE 136
Property
(1) The property is public or private.
(2) The public property is guaranteed and protected by law and belongs to the state or administrative-territorial units.
(3) The riches of public interest of the subsoil, the airspace, the waters with exploitable energetic potential, of national interest, the beaches, the territorial sea, the natural resources of the economic zone and of the continental plateau, as well as other goods established by the organic law of public property.
(4) Publicly owned goods are inalienable. Under the conditions of the organic law, they can be given in administration to the autonomous administrations or public institutions or they can be concessioned or rented; they can also be given free of charge to public utility institutions.
(5) Private property is inviolable, under the conditions of the organic law.
ARTICLE 137
The financial system
(1) The formation, administration, use and control of the financial resources of the state, of the administrative-territorial units and of the public institutions are regulated by law.
(2) The national currency is the leu, and its subdivision, the money. Under the conditions of accession to the European Union, the organic law can recognize the circulation and replacement of the national currency with that of the European Union.
ARTICLE 138
National public budget
(1) The national public budget includes the state budget, the state social insurance budget and the local budgets of communes, cities and counties.
(2) The Government elaborates annually the draft state budget and that of the state social insurance, which it submits, separately, to the approval of the Parliament.
(3) If the state budget law and the state social insurance budget law were not adopted at least 3 days before the expiration of the budget year, the state budget and the state social insurance budget of the previous year shall continue to apply until the adoption new budgets.
(4) The local budgets are elaborated, approved and executed in accordance with the law.
(5) No budget expenditure may be approved without establishing the source of funding.
ARTICLE 139
Taxes, fees and other contributions
(1) Taxes, fees and any other revenues of the state budget and of the state social insurance budget shall be established only by law.
(2) The local taxes and fees are established by the local or county councils, within the limits and under the conditions of the law.
(3) The amounts representing the contributions to the establishment of some funds shall be used, in accordance with the law, only according to their destination.
ARTICLE 140
Court of Auditors
(1) The Court of Accounts exercises control over the manner of formation, administration and use of the financial resources of the state and of the public sector. Under the conditions of the organic law, the disputes resulting from the activity of the Court of Accounts are solved by the specialized courts.
(2) The Court of Auditors shall report annually to the Parliament on the management accounts of the national public budget for the expired budget year, including any irregularities found.
(3) At the request of the Chamber of Deputies or the Senate, the Court of Accounts controls the management of public resources and reports on the findings.
(4) The Accounting Advisers shall be appointed by Parliament for a term of 9 years, which may not be extended or renewed. The members of the Court of Auditors shall be independent in the performance of their duties and shall be immovable throughout their term of office. They are subject to the incompatibilities provided by law for judges.
(5) The Court of Accounts shall be renewed by one third of the account advisers appointed by the Parliament, every 3 years, under the conditions provided by the organic law of the Court.
(6) The revocation of the members of the Court of Accounts is made by the Parliament, in the cases and conditions provided by law.
ARTICLE 141
Economic and Social Council
The Economic and Social Council is a consultative body of the Parliament and the Government in the specialized fields established by its organic law of establishment, organization and functioning.
TITLE V
Constitutional Court
ARTICLE 142
Structure
(1) The Constitutional Court is the guarantor of the supremacy of the Constitution.
(2) The Constitutional Court is composed of nine judges, appointed for a term of 9 years, which cannot be extended or renewed.
(3) Three judges are appointed by the Chamber of Deputies, three by the Senate and three by the President of Romania.
(4) The judges of the Constitutional Court elect, by secret ballot, its president, for a period of 3 years.
(5) The Constitutional Court shall be renewed by one third of its judges, every 3 years, under the conditions provided by the organic law of the Court.
ARTICLE 143
Conditions for appointment
Judges of the Constitutional Court must have superior legal training, high professional competence and at least 18 years’ experience in legal activity or in higher legal education.
ARTICLE 144
incompatibility
The position of judge of the Constitutional Court is incompatible with any other public or private position, except for teaching positions in higher legal education.
ARTICLE 145
Independence and immovability
The judges of the Constitutional Court are independent in the exercise of their mandate and immovable during its term.
ARTICLE 146
powers
The Constitutional Court has the following attributions:
- decides on the constitutionality of the laws, before their promulgation, at the notification of the President of Romania, of one of the presidents of the two Chambers, of the Government, of the High Court of Cassation and Justice, of the People’s Advocate, of a number of at least 50 deputies or at least 25 senators, as well as, ex officio, on initiatives to revise the Constitution;
- decides on the constitutionality of treaties or other international agreements, at the notification of one of the presidents of the two Chambers, of a number of at least 50 deputies or of at least 25 senators;
- decides on the constitutionality of the regulations of the Parliament, upon notification of one of the presidents of the two Chambers, of a parliamentary group or of a number of at least 50 deputies or of at least 25 senators;
- decides on the exceptions of unconstitutionality regarding the laws and ordinances, raised before the courts or of commercial arbitration; the exception of unconstitutionality can also be raised directly by the People’s Advocate;
- resolves the legal conflicts of a constitutional nature between the public authorities, at the request of the President of Romania, of one of the presidents of the two Chambers, of the Prime Minister or of the President of the Superior Council of Magistracy;
- ensures compliance with the procedure for the election of the President of Romania and confirms the results of the vote;
- notes the existence of the circumstances that justify the interim in the exercise of the function of President of Romania and communicates the findings to the Parliament and the Government;
- gives advisory opinion on the proposal to suspend the President of Romania from office;
- ensures compliance with the procedure for organizing and conducting the referendum and confirms its results;
- verifies the fulfillment of the conditions for the exercise of the legislative initiative by the citizens;
- decides on appeals concerning the constitutionality of a political party;
- fulfills other attributions provided by the organic law of the Court.
ARTICLE 147
Decisions of the Constitutional Court
(1) The provisions of the laws and ordinances in force, as well as those of the regulations, found to be unconstitutional, shall cease to have legal effect 45 days after the publication of the decision of the Constitutional Court if, during this period, they agree the unconstitutional provisions with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law.
(2) In cases of unconstitutionality concerning laws, before their promulgation, the Parliament is obliged to re-examine the respective provisions for their agreement with the decision of the Constitutional Court.
(3) If the constitutionality of the international treaty or agreement has been established in accordance with Article 146 (b), it may not be the subject of an objection of unconstitutionality. The treaty or international agreement found to be unconstitutional cannot be ratified.
(4) The decisions of the Constitutional Court shall be published in the Official Gazette of Romania. From the date of publication, decisions are generally binding and have force only for the future.
TITLE VI
Euro-Atlantic integration
ARTICLE 148
Integration into the European Union
(1) The accession of Romania to the constitutive treaties of the European Union, in order to transfer some attributions to the community institutions, as well as to exercise jointly with the other Member States the competences provided in these treaties, is made by law adopted in the joint sitting of the Chamber of Deputies. Senate, with a two-thirds majority of deputies and senators.
(2) Following accession, the provisions of the Treaties establishing the European Union, as well as other binding Community regulations, have priority over the contrary provisions of national law, in compliance with the provisions of the Act of Accession.
3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the accession to acts of revision of the Treaties establishing the European Union.
(4) The Parliament, the President of Romania, the Government and the judicial authority shall guarantee the fulfillment of the obligations resulting from the act of accession and from the provisions of paragraph (2).
(5) The Government shall transmit to the two Houses of Parliament the draft acts of a binding nature before they are submitted to the approval of the institutions of the European Union.
ARTICLE 149
Accession to the North Atlantic Treaty
Romania’s accession to the North Atlantic Treaty is made by law adopted in the joint sitting of the Chamber of Deputies and the Senate, with a two-thirds majority of the number of deputies and senators.
TITLE VII
Revision of the Constitution
ARTICLE 150
Review initiative
(1) The revision of the Constitution may be initiated by the President of Romania at the proposal of the Government, by at least a quarter of the number of deputies or senators, as well as by
(2) Citizens initiating the revision of the Constitution must come from at least half of the country’s counties. At least 20,000 signatures in support of this initiative must be registered in each of these counties or in Bucharest.
ARTICLE 151
Review procedure
(1) The draft or revision proposal must be adopted by the Chamber of Deputies and the Senate, with a majority of at least two thirds of the members of each Chamber.
(2) If no agreement is reached through the mediation procedure, the Chamber of Deputies and the Senate, in a joint session, decide with the vote of at least three quarters of the number of deputies and senators.
(3) The revision is final after its approval by referendum, organized no later than 30 days from the date of adoption of the draft or revision proposal.
ARTICLE 152
Review limits
(1) The provisions of the present Constitution regarding the national, independent, unitary and indivisible character of the Romanian state, the republican form of government, the integrity of the territory, the independence of the judiciary, political pluralism and the official language may not be subject to revision.
(2) Also, no review can be made if it results in the abolition of the fundamental rights and freedoms of citizens or their guarantees.
(3) The Constitution may not be revised during a state of siege or a state of emergency or during a time of war.
TITLE VIII
Final and transitional provisions
ARTICLE 153
Entry into force
This Constitution shall enter into force on the date of its approval by referendum. At the same time, the Constitution of August 21, 1965 is and remains completely repealed.
ARTICLE 154
Temporary conflict of laws
(1) The laws and all other normative acts remain in force, insofar as they do not contradict the present Constitution.
(2) The Legislative Council, within 12 months from the date of entry into force of its organizing law, shall examine the conformity of the legislation with this Constitution and shall make appropriate proposals to the Parliament or, as the case may be, to the Government.
ARTICLE 155
Transitional provisions
(1) Draft laws and legislative proposals under legislation shall be debated and adopted in accordance with the constitutional provisions prior to the entry into force of the revision law.
(2) The institutions provided by the Constitution, existing at the date of entry into force of the revision law, shall remain in operation until the establishment of the new ones.
3. The provisions of paragraph 1 of Article 83 shall apply from the next presidential term.
(4) The provisions regarding the High Court of Cassation and Justice will be enforced within 2 years from the date of entry into force of the revision law.
(5) Judges in office of the Supreme Court of Justice and advisers appointed by Parliament shall continue in office until the expiry of the term for which they were appointed. In order to ensure the renewal of the Court of Accounts every 3 years, upon the expiration of the term of office of the current accountants, they may be appointed for a further term of 3 years or 6 years.
(6) Pending the establishment of specialized courts, disputes resulting from the activity of the Court of Accounts shall be settled by the ordinary courts.
ARTICLE 156
Republishing the Constitution
The law on the revision of the Constitution is published in the Official Gazette of Romania within 5 days from the date of adoption. The Constitution, amended and supplemented, after approval by referendum, is republished by the Legislative Council, with the updating of the names, giving the texts a new numbering.