CONSTITUTION OF ROMANIA - Chamber of Deputies · Romania was approved by the national referendum of 18-19 October 2003, and came into force on 29 October 2003, the date of the publication

CCOONNSSTTIITTUUTTIIOONN OOFF RROOMMAANNIIAA

CCOONNSSTTIITTUUTTIIOONN OOFF RROOMMAANNIIAA**

TTIITTLLEE IIGeneral principles

RRoommaanniiaann SSttaatteeARTICLE 1

(1) Romania is a sovereign, independent, unitaryand indivisible National State.

(2) The form of government of the RomanianState is a Republic.

(3) Romania is a democratic and social state,governed by the rule of law, in which humandignity, the citizens’ rights and freedoms, the freedevelopment of human personality, justice andpolitical pluralism represent supreme values, in thespirit of the democratic traditions of the Romanianpeople and the ideals of the Revolution of December1989, and shall be guaranteed.

*The Constitution of Romania of 1991 was amended and completed bythe Law No. 429/2003 on the revision of the Constitution of Romania,published in the Official Gazette of Romania, Part I, No. 758 of 29 October2003, republished by the Legislative Council on the grounds of article 152of the Constitution, with the updated denominations and the renumberedtexts (Article 152 became, in the republished form, Article 156).

The Law No. 429/2003 on the revision of the Constitution ofRomania was approved by the national referendum of 18-19 October2003, and came into force on 29 October 2003, the date of thepublication in the Official Gazette of Romania, Part I, No. 758 of29 October 2003 of the Decision of the Constitutional Court No. 3 of22 October 2003 for the confirmation of the result of the nationalreferendum of 18-19 October 2003 concerning the Law on the revision ofthe Constitution of Romania.

The Constitution of Romania, in its initial form, was adopted in thesitting of the Constituant Assembly of 21 November 1991, was publishedin the Official Gazette of Romania, Part I, No. 233 of 21 November 1991,and came into force after its approval by the national referendum of8 December 1991.

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Constitution of Romania

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(4) The State shall be organized based on theprinciple of the separation and balance of powers -legislative, executive, and judicial - within theframework of constitutional democracy.

(5) In Romania, the observance of the Constitution,its supremacy and the laws shall be mandatory.

SSoovveerreeiiggnnttyyARTICLE 2

(1) The national sovereignty shall reside within theRomanian people, that shall exercise it by means oftheir representative bodies, resulting from free,periodical and fair elections, as well as by referendum.

(2) No group or person may exercise sovereigntyin one’s own name.

TTeerrrriittoorryyARTICLE 3

(1) The territory of Romania is inalienable.(2) The frontiers of the country are sanctioned by

an organic law, with the observance of the principlesand other generally recognized regulations ofinternational law.

(3) The territory is organized administratively intocommunes, towns and counties. Some towns aredeclared municipalities, according to the provisionsof the law.

(4) No foreign populations may be displaced orcolonized on the territory of the Romanian State.

UUnniittyy ooff tthhee ppeeooppllee aanndd eeqquuaalliittyy aammoonngg cciittiizzeennssARTICLE 4

(1) The State foundation is laid on the unity of theRomanian people and the solidarity of its citizens.

(2) Romania is the common and indivisiblehomeland of all its citizens, without any discriminationon account of race, nationality, ethnic origin, language,religion, sex, opinion, political adherence, property orsocial origin.

General principles

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CCiittiizzeennsshhiippARTICLE 5

(1) Romanian citizenship can be acquired,retained or lost as provided by the organic law.

(2) Romanian citizenship cannot be withdrawn ifacquired by birth.

RRiigghhtt ttoo iiddeennttiittyyARTICLE 6

(1) The State recognizes and guarantees the rightof persons belonging to national minorities to thepreservation, development and expression of theirethnic, cultural, linguistic and religious identity.

(2) The protection measures taken by theRomanian State for the preservation, developmentand expression of identity of the persons belongingto national minorities shall conform to theprinciples of equality and non-discrimination inrelation to the other Romanian citizens.

RRoommaanniiaannss lliivviinngg aabbrrooaaddARTICLE 7

The State shall support the strengthening of linkswith the Romanians living abroad and shall actaccordingly for the preservation, development andexpression of their ethnic, cultural, linguistic andreligious identity, with the observance of thelegislation of the State whose citizens they are.

PPlluurraalliissmm aanndd ppoolliittiiccaall ppaarrttiieessARTICLE 8

(1) Pluralism in the Romanian society is acondition and guarantee of constitutional democracy.

(2) Political parties shall be constituted and shallpursue their activities in accordance with the law.They contribute to the definition and expression ofthe political will of the citizens, while observingnational sovereignty, territorial integrity, the legalorder and the principles of democracy.


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TTrraaddee uunniioonnss,, eemmppllooyyeerrss’’ aassssoocciiaattiioonnss,, aanndd vvooccaattiioonnaall aassssoocciiaattiioonnssARTICLE 9

Trade unions, employers’ associations, andvocational associations shall be established and shallcarry out their activity according to their statutes,according to the law. They shall contribute to theprotection of rights and the promotion of theirmembers’ vocational, economic, and social interests.

IInntteerrnnaattiioonnaall rreellaattiioonnssARTICLE 10

Romania fosters and develops peaceful relationswith all the states, and, in this context, goodneighbourly relations, based on the principles andother generally recognized provisions ofinternational law.

IInntteerrnnaattiioonnaall llaaww aanndd nnaattiioonnaall llaawwARTICLE 11

(1) The Romanian State pledges to fulfil as suchand in good faith its obligations as deriving fromthe treaties it is a party to.

(2) Treaties ratified by Parliament, according tothe law, are part of national law.

(3) If a treaty Romania is to become a party tocomprises provisions contrary to the Constitution, itsratification shall only take place after the revision ofthe Constitution.

NNaattiioonnaall ssyymmbboollssARTICLE 12

(1) The flag of Romania is tricolour; the coloursare arranged vertically in the following order fromthe flag-pole: blue, yellow, red.

(2) The National Day of Romania is the 1st ofDecember.

(3) The national anthem of Romania is “Awake,Romanians”.

Fundamental rights, freedoms and duties

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(4) The country’s coat of arms and the State’s sealshall be established by organic laws.

OOffffiicciiaall llaanngguuaaggeeARTICLE 13

In Romania, the official language is Romanian.

CCaappiittaallARTICLE 14

The Capital of Romania is the Municipality ofBucharest.

TTIITTLLEE IIIIFundamental rights, freedoms and duties

CHAPTER ICCoommmmoonn pprroovviissiioonnss

UUnniivveerrssaalliittyyARTICLE 15

(1) All citizens enjoy the rights and freedomsgranted to them by the Constitution and other laws,and have the duties laid down thereby.

(2) The law shall only act for the future, exceptfor the more favourable criminal or administrativelaw.

EEqquuaalliittyy ooff rriigghhttssARTICLE 16

(1) Citizens are equal before the law and publicauthorities, without any privilege or discrimination.

(2) No one is above the law.(3) Access to public, civil, or military positions or

dignities may be granted, according to the law, topersons whose citizenship is Romanian and whosedomicile is in Romania. The Romanian State shallguarantee equal opportunities for men and womento occupy such positions and dignities.


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(4) After Romania’s accession to the EuropeanUnion, the Union’s citizens who comply with therequirements of the organic law have the right toelect and be elected to the local public administrationbodies.

RRoommaanniiaann cciittiizzeennss wwhhiillee aabbrrooaaddARTICLE 17

Romanian citizens while abroad shall enjoy theprotection of the Romanian State and shall bebound to fulfil their duties, with the exception ofthose incompatible with their absence from thecountry.

AAlliieennss aanndd ssttaatteelleessss ppeerrssoonnssARTICLE 18

(1) Aliens and stateless persons living in Romaniashall enjoy general protection of persons and assets,as guaranteed by the Constitution and other laws.

(2) The right of asylum shall be granted andwithdrawn under the provisions of the law, incompliance with the international treaties andconventions Romania is a party to.

EExxttrraaddiittiioonn aanndd eexxppuullssiioonnARTICLE 19

(1) No Romanian citizen shall be extradited orexpelled from Romania.

(2) By exemption from the provisions ofparagraph (1), Romanian citizens can be extraditedbased on the international agreements Romania is aparty to, according to the law and on a mutual basis.

(3) Aliens and stateless persons may be extraditedonly in compliance with an international conventionor in terms of reciprocity.

(4) Expulsion or extradition shall be ruled by thecourt.


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IInntteerrnnaattiioonnaall ttrreeaattiieess oonn hhuummaann rriigghhttssARTICLE 20

(1) Constitutional provisions concerning the citizens’rights and liberties shall be interpreted and enforcedin conformity with the Universal Declaration ofHuman Rights, with the convenants and other treatiesRomania is a party to.

(2) Where any inconsistencies exist between thecovenants and treaties on the fundamental humanrights Romania is a party to, and the national laws,the international regulations shall take precedence,unless the Constitution or national laws comprisemore favourable provisions.

FFrreeee aacccceessss ttoo jjuussttiicceeARTICLE 21

(1) Every person is entitled to bring cases beforethe courts for the defence of his legitimate rights,liberties and interests.

(2) The exercise of this right shall not be restrictedby any law.

(3) All parties shal be entitled to a fair trial and asolution of their cases within a reasonable term.

(4) Administrative special jurisdiction is optionaland free of charge.

CHAPTER IIFFuunnddaammeennttaall rriigghhttss aanndd ffrreeeeddoommss

RRiigghhtt ttoo lliiffee,, ttoo pphhyyssiiccaall aanndd mmeennttaall iinntteeggrriittyyARTICLE 22

(1) The right to life, as well as the right to physicaland mental integrity of a person are guaranteed.

(2) No one shall be subjected to torture or to anykind of inhuman or degrading punishment ortreatment.

(3) The death penalty is prohibited.


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IInnddiivviidduuaall ffrreeeeddoommARTICLE 23

(1) Individual freedom and security of a personare inviolable.

(2) Search, detainment, or arrest of a person shallbe permitted only in the cases and under theprocedure provided by law.

(3) Detention shall not exceed twenty-four hours.(4) Preventive custody shall be ordered by a judge

and only in the course of criminal proceedings.(5) During the criminal proceedings, the

preventive custody may only be ordered for 30 daysat the most and extended for 30 days at the mosteach, without the overall length exceeding areasonable term, and no longer than 180 days.

(6) After the lawsuit has begun, the court isbound, according to the law, to check, on a regularbasis and no later than 60 days, the lawfulness andgrounds of the preventive custody, and to order atonce the release of the defendant if the grounds forthe preventive custody have ceased to exist or if thecourt finds there are no new grounds justifying thecontinuance of the custody.

(7) The decisions by a court of law on preventivecustody may be subject to the legal proceedingsstipulated by the law.

(8) Any person detained or arrested shall bepromptly informed, in a language he understands,of the grounds for his detention or arrest, andnotified of the charges against him, as soon aspracticable; the notification of the charges shall bemade only in the presence of a lawyer of his ownchoosing or appointed ex officio.

(9) The release of a detained or arrested personshall be mandatory if the reasons for such stepshave ceased to exist, as well as under othercircumstances stipulated by the law.

(10) A person under preventive custody shall havethe right to apply for provisional release, underjudicial control or on bail.


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(11) Any person shall be presumed innocent tillfound guilty by a final decision of the court.

(12) Penalties shall be established or applied onlyin accordance with and on the grounds of the law.

(13) The freedom deprivation sanction can onlybe based on criminal grounds.

RRiigghhtt ttoo ddeeffeenncceeARTICLE 24

(1) The right to defence is guaranteed.(2) All throughout the trial, the parties shall have

the right to be assisted by a lawyer of their ownchoosing or appointed ex officio.

FFrreeeeddoomm ooff mmoovveemmeennttARTICLE 25

(1) The right of free movement within thenational territory and abroad is guaranteed. The lawshall lay down the conditions for the exercise of thisright.

(2) Every citizen is guaranteed the right toestablish his domicile or residence anywhere in thecountry, to emigrate, and to return to his country.

PPeerrssoonnaall aanndd ffaammiillyy pprriivvaaccyyARTICLE 26

(1) The public authorities shall respect andprotect the intimate, family and private life.

(2) Any natural person has the right to freelydispose of himself unless by this he infringes on therights and freedoms of others, on public order ormorals.

IInnvviioollaabbiilliittyy ooff ddoommiicciilleeARTICLE 27

(1) The domicile and the residence are inviolable.No one shall enter or remain in the domicile orresidence of a person without his consent.


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(2) An exemption from the provisions ofparagraph (1) can operate, according to the law, forthe following instances:

a) carrying into execution a warrant for arrest ora court decree;

b) removing a risk to someone’s life, physicalintegrity, or a person’s assets;

c) defending national security or public order;d) preventing the spread of an epidemic.(3) Searches shall only be ordered by a judge and

carried out under the terms and forms stipulated bythe law.

(4) Searches during the night shall be forbidden,except for crimes in flagrante delicto.

SSeeccrreeccyy ooff ccoorrrreessppoonnddeenncceeARTICLE 28

Secrecy of the letters, telegrams and other postalcommunications, of telephone conversations, and ofany other legal means of communication is inviolable.

FFrreeeeddoomm ooff ccoonnsscciieenncceeARTICLE 29

(1) Freedom of thought, opinion, and religiousbeliefs shall not be restricted in any form whatsoever.No one shall be compelled to embrace an opinion orreligion contrary to his own convictions.

(2) Freedom of conscience is guaranteed; it mustbe manifested in a spirit of tolerance and mutualrespect.

(3) All religions shall be free and organized inaccordance with their own statutes, under the termslaid down by law.

(4) Any forms, means, acts or actions of religiousenmity shall be prohibited in the relationshipsamong the cults.

(5) Religious cults shall be autonomous from theState and shall enjoy support from it, including thefacilitation of religious assistance in the army, inhospitals, prisons, homes and orphanages.


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(6) Parents or legal tutors have the right toensure, in accordance with their own convictions,the education of the minor children whoseresponsibility devolves on them.

FFrreeeeddoomm ooff eexxpprreessssiioonnARTICLE 30

(1) Freedom of expression of thoughts, opinions,or beliefs, and freedom of any creation, by words, inwriting, in pictures, by sounds or other means ofcommunication in public are inviolable.

(2) Any censorship shall be prohibited.(3) Freedom of the press also involves the free

setting up of publications.(4) No publication 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 a person, and tothe 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 todiscrimination, territorial separatism, or publicviolence, as well as any obscene conduct contrary tomorality shall be prohibited by law.

(8) Civil liability for any information or creationmade public falls upon the publisher or producer,the author, the producer of the artistic performance,the owner of the copying facilities, radio ortelevision station, uner the terms laid down by law.Indictable offences of the press shall be establishedby law.

RRiigghhtt ttoo iinnffoorrmmaattiioonnARTICLE 31

(1) A person’s right of access to any informationof public interest shall not be restricted.

(2) The public authorities, according to theircompetence, shall be bound to provide correct


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information to the citizens in public affairs andmatters of personal interest.

(3) The right to information shall not beprejudicial to the measures of protection of youngpeople or national security.

(4) Public and private media shall be bound toprovide correct information to the public opinion.

(5) Public radio and television services shall beautonomous. They must guarantee any importantsocial and political group the exercise of the right tobroadcasting time. The organization of these servicesand the parliamentary control over their activityshall be regulated by an organic law.

RRiigghhtt ttoo eedduuccaattiioonnARTICLE 32

(1) The right to education is provided by thecompulsory general education, by education in highschools and vocational schools, by higher education,as well as other forms of instruction and post-graduate improvement.

(2) Education at all levels shall be carried out inRomanian. Education may also be carried out in aforeign language of international use, under theterms laid down by law.

(3) The right of persons belonging to nationalminorities to learn their mother tongue, and their rightto be educated in this language are guaranteed; theways to exercise these rights shall be regulated by law.

(4) State education shall be free, according to thelaw. The State shall grant social scholarships tochildren or young people coming from disadvantagedfamilies and to those institutionalized, as stipulatedby the law.

(5) Education at all levels shall take place in state,private, or confessional institutions, according to thelaw.

(6) The autonomy of the Universities is guaranteed.(7) The State shall ensure the freedom of religious

education, in accordance with the specific requirements


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of each religious cult. In public schools, religiouseducation is organized and guaranteed by law.

AAcccceessss ttoo ccuullttuurreeARTICLE 33

(1) The access to culture is guaranteed under thelaw.

(2) A person’s freedom to develop his/her spiritualityand to get access to the values of national and universalculture shall not be limited.

(3) The State must make sure that spiritualidentity is preserved, national culture is supported,arts are stimulated, cultural legacy is protected andpreserved, contemporary creativity is developed, andRomania’s cultural and artistic values are promotedthroughout the world.

RRiigghhtt ttoo pprrootteeccttiioonn ooff hheeaalltthhARTICLE 34

(1) The right to the protection of health isguaranteed.

(2) The State shall be bound to take measures toensure public hygiene and health.

(3) The organization of the medical care andsocial security system in case of sickness, accidents,maternity and recovery, the control over the exerciseof medical professions and paramedical activities, aswell as other measures to protect physical andmental health of a person shall be establishedaccording to the law.

RRiigghhtt ttoo aa hheeaalltthhyy eennvviirroonnmmeennttARTICLE 35

(1) The State shall acknowledge the right of everyperson to a healthy, well preserved and balancedenvironment.

(2) The State shall provide the legislative frameworkfor the exercise of such right.


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(3) Natural and legal entities shall be bound toprotect and improve the environment.

RRiigghhtt ttoo vvootteeARTICLE 36

(1) Every citizen having turned eighteen up to oron the election day shall have the right to vote.

(2) The mentally deficient or alienated persons,laid under interdiction, as well as the personsdisenfranchised by a final decision of the courtcannot vote.

RRiigghhtt ttoo bbee eelleecctteeddARTICLE 37

(1) Eligibility is granted to all citizens having theright to vote, who meet the requirements in Article16 (3), unless they are forbidden to join a politicalparty, in accordance with Article 40 (3).

(2) Candidates must have turned, up to or on theelection day, at least twentythree in order to beelected to the Chamber of Deputies or the bodies oflocal public administration, at least thirtythree inorder to be elected to the Senate, and at leastthirtyfive in order to be elected to the office ofPresident of Romania.

RRiigghhtt ttoo bbee eelleecctteedd ttoo tthhee EEuurrooppeeaann PPaarrlliiaammeennttARTICLE 38

After Romania’s accession to the European Union,Romanian citizens shall have the right to elect andbe elected to the European Parliament.

FFrreeeeddoomm ooff aasssseemmbbllyyARTICLE 39

Public meetings, processions, demonstrations orany other assembly shall be free and may beorganized and held only peacefully, without arms ofany kind whatsoever.


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RRiigghhtt ooff aassssoocciiaattiioonnARTICLE 40

(1) Citizens may freely associate into politicalparties, trade unions, employers’ associations, andother forms of association.

(2) The political parties or organizations which, bytheir aims or activity, militate against politicalpluralism, the principles of a State governed by therule of law, or against the sovereignty, integrity orindependence of Romania shall be unconstitutional.

(3) Judges of the Constitutional Court, theadvocates of the people, magistrates, active membersof the Armed Forces, policemen and other categoriesof civil servants, established by an organic law, shallnot join political parties.

(4) Secret associations are prohibited.

LLaabboouurr aanndd ssoocciiaall pprrootteeccttiioonn ooff llaabboouurrARTICLE 41

(1) The right to work shall not be restricted.Everyone has a free choice of his/her profession,trade or occupation, as well as work place.

(2) All employees have the right to measures ofsocial protection. These concern employees’ safetyand health, working conditions for women and youngpeople, the setting up of a minimum gross salary pereconomy, weekends, paid rest leave, work performedunder difficult and special conditions, as well as otherspecific conditions, as stipulated by the law.

(3) The normal duration of a working day is ofmaximum eight hours, on the average.

(4) On equal work with men, women shall getequal wages.

(5) The right to collective labour bargaining andthe binding force of collective agreements shall beguaranteed.

PPrroohhiibbiittiioonn ooff ffoorrcceedd llaabboouurrARTICLE 42

(1) Forced labour is prohibited.


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(2) Forced labour does not include:a) activities of doing the military service, as well

as activities performed in lieu thereof, according tothe law, due to religious or conscience-relatedreasons;

b) the work of a sentenced person, carried outunder normal conditions, during detention orconditional release;

c) any services required to deal with a calamity orany other danger, as well as those which are part ofnormal civil obligations as established by law.

RRiigghhtt ttoo ssttrriikkeeARTICLE 43

(1) The employees have the right to strike in thedefence of their professional, economic and socialinterests.

(2) The law shall regulate the conditions andlimits governing the exercise of this right, as well asthe guarantees necessary to ensure the essentialservices for the society.

RRiigghhtt ooff pprriivvaattee pprrooppeerrttyyARTICLE 44

(1) The right of property, as well as the debtsincurring on the State are guaranteed.

The content and limitations of these rights shallbe established by law.

(2) Private property shall be equally guaranteedand protected by the law, irrespective of its owner.Foreign citizens and stateless persons shall onlyacquire the right to private property of land underthe terms resulting from Romania’s accession to theEuropean Union and other international treatiesRomania is a party to, on a mutual basis, under theterms stipulated by an organic law, as well as aresult of lawful inheritance.

(3) No one shall be expropriated, except ongrounds of public utility, established according tothe law, against just compensation paid in advance.


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(4) The nationalization or any other measures offorcible transfer of assets to public property basedon the owners’ social, ethnic, religious, political, orother discriminatory features.

(5) For projects of general interest, the publicauthorities are entitled to use the subsoil of any realestate with the obligation to pay compensation to itsowner for the damages caused to the soil, plantationsor buildings, as well as for other damages imputableto these authorities.

(6) Compensation provided under paragraphs (3)and (5) shall be agreed upon with the owner, or bythe decision of the court when a settlement cannotbe reached.

(7) The right of property compels to theobservance of duties relating to environmentalprotection and ensurance of neighbourliness, as wellas of other duties incumbent upon the owner, inaccordance with the law or custom.

(8) Legally acquired assets shall not be confiscated.Legality of acquirement shall be presumed.

(9) Any goods intended for, used or resulting froma criminal or minor offence may be confiscated onlyin accordance with the provisions of the law.

EEccoonnoommiicc ffrreeeeddoommARTICLE 45

Free access of persons to an economic activity,free enterprise, and their exercise under the lawshall be guaranteed.

RRiigghhtt ooff iinnhheerriittaannccee ARTICLE 46

The right of inheritance is guaranteed.

LLiivviinngg ssttaannddaarrddARTICLE 47

(1) The State shall be bound to take measures ofeconomic development and social protection, of a


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nature to ensure a decent living standard for itscitizens.

(2) Citizens have the right to pensions, paidmaternity leave, medical care in public healthcentres, unemployment benefits, and other forms ofpublic or private social securities, as stipulated bythe law. Citizens have the right to social assistance,according to the law.

FFaammiillyyARTICLE 48

(1) The family is founded on the freely consentedmarriage of the spouses, their full equality, as well asthe right and duty of the parents to ensure theupbringing, education and instruction of their children.

(2) The terms for entering into marriage dissolutionand nullity of marriage shall be established by law.Religious wedding may be celebrated only after thecivil marriage.

(3) Children born out of wedlock are equal beforethe law with those born in wedlock.

PPrrootteeccttiioonn ooff cchhiillddrreenn aanndd yyoouunngg ppeeoopplleeARTICLE 49

(1) Children and young people shall enjoy specialprotection and assistance in the pursuit of theirrights.

(2) The State shall grant allowances for childrenand benefits for the care of ill or disabled children.Other forms of social protection for children andyoung people shall be established by law.

(3) The exploitation of minors, their employmentin activities that might be harmful to their health,or morals, or might endanger their life and normaldevelopment are prohibited.

(4) Minors under the age of fifteen may not beemployed for any paid labour.

(5) The public authorities are bound to contributeto secure the conditions for the free participation of


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young people in the political, social, economic,cultural and sporting life of the country.

PPrrootteeccttiioonn ooff ddiissaabblleedd ppeerrssoonnssARTICLE 50

Disabled persons shall enjoy special protection.The State shall provide the accomplishment of anational policy of equal opportunities, disabilityprevention and treatment, so that disabled personscan effectively participate in community life, whileobserving the rights and duties of their parents orlegal guardians.

RRiigghhtt ooff ppeettiittiioonnARTICLE 51

(1) Citizens have the right to address the publicauthorities by petitions formulated only in the nameof the signatories.

(2) Legally established organizations have theright to forward petitions, exclusively on behalf ofthe collective body they represent.

(3) The exercise of the right of petition shall beexempt from tax.

(4) The public authorities are bound to answer topetitions within the time limits and under theconditions established by law.

RRiigghhtt ooff aa ppeerrssoonn aaggggrriieevveedd bbyy aa ppuubblliicc aauutthhoorriittyyARTICLE 52

(1) Any person aggrieved in his/her legitimaterights or interests by a public authority, by means ofan administrative act or by the failure of a publicauthority to solve his/her application within thelawful time limit, is entitled to the acknowledgementof his/her claimed right or legitimate interest, theannulment of the act and reparation for the damage.

(2) The conditions and limits on the exercise ofthis right shall be regulated by an organic law.


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(3) The State shall bear patrimony liability for anyprejudice caused as a result of judicial errors. TheState liability shall be assessed according to the lawand shall not eliminate the liability of themagistrates having exercised their mandate in illwill or grave negligence.

RReessttrriiccttiioonn oonn tthhee eexxeerrcciissee ooff cceerrttaaiinn rriigghhttss oorr ffrreeeeddoommssARTICLE 53

(1) The exercise of certain rights or freedoms mayonly be restricted by law, and only if necessary, asthe case may be, for: the defence of nationalsecurity, of public order, health, or morals, of thecitizens’ rights and freedoms; conducting a criminalinvestigation; preventing the consequences of anatural calamity, disaster, or an extremely severecatastrophe.

(2) Such restriction shall only be ordered ifnecessary in a democratic society. The measure shallbe proportional to the situation having caused it,applied without discrimination, and withoutinfringing on the existence of such right or freedom.

CHAPTER IIIFFuunnddaammeennttaall dduuttiieess

FFaaiitthhffuullnneessss ttoowwaarrddss tthhee ccoouunnttrryyARTICLE 54

(1) Faithfulness towards the country is sacred.(2) Citizens holding public offices, as well as the

military are liable for the loyal fulfilment of theobligations they are bound to, and shall, for thispurpose, take the oath as requested by law.

DDeeffeennccee ooff tthhee ccoouunnttrryyARTICLE 55

(1) Citizens have the right and duty to defendRomania.


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(2) The terms for doing the military service shallbe set up in an organic law.

(3) Citizens may be conscripted from the age of20 and up to the age of 35, except for volunteers,under the terms of the applicable organic law.

FFiinnaanncciiaall ccoonnttrriibbuuttiioonnssARTICLE 56

(1) Citizens are under the obligation to contributeto public expenditure, by taxes and duties.

(2) The legal taxation system must ensure a fairdistribution of the tax burden.

(3) Any other dues shall be prohibited, exceptthose determined by law, under exceptionalcircumstances.

EExxeerrcciissee ooff rriigghhttss aanndd ffrreeeeddoommssARTICLE 57

Romanian citizens, foreign citizens, and statelesspersons shall exercise their constitutional rights andfreedoms in good faith, without any infringement ofthe rights and liberties of others.

CHAPTER IVAAddvvooccaattee ooff tthhee PPeeooppllee

AAppppooiinnttmmeenntt aanndd rroolleeARTICLE 58

(1) The Advocate of the People shall be appointedfor a term of office of 5 years, in order to defendthe natural persons’ rights and freedoms. TheAdvocate of the People’s deputies shall bespecialized per fields of activity.

(2) The Advocate of the People and his/herdeputies shall not perform any other public orprivate office, except for teaching positions in highereducation.


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(3) The organization and functioning of theAdvocate of the People institution shall be regulatedby an organic law.

EExxeerrcciissee ooff ppoowweerrssARTICLE 59

(1) The Advocate of the People shall exercise hispowers ex officio or at the request of personsaggrieved in their rights and freedoms, within thelimits established by law.

(2) It is binding upon the public authorities togive the Advocate of the People the necessarysupport in the exercise of his powers.

RReeppoorrtt bbeeffoorree PPaarrlliiaammeennttARTICLE 60

The Advocate of the People shall report before thetwo Parliament Chambers, annually or at therequest thereof. The reports my containrecommendations on legislation or measures of anyother nature for the defence of the citizens’ rightsand freedoms.

TTIITTLLEE IIIIIIPublic authorities

CHAPTER IPPaarrlliiaammeenntt

SECTION 1Organization and functioning

RRoollee aanndd ssttrruuccttuurreeARTICLE 61

(1) Parliament is the supreme representative bodyof the Romanian people and the sole legislativeauthority of the country.

(2) Parliament consists of the Chamber of Deputiesand the Senate.

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EElleeccttiioonn ooff tthhee CChhaammbbeerrssARTICLE 62

(1) The Chamber of Deputies and the Senate shallbe elected by universal, equal, direct, secret and freesuffrage, in accordance with the electoral law.

(2) Organizations of citizens belonging tonational minorities, which fail to obtain thenumber of votes for representation in Parliament,have the right to one Deputy seat each, under theterms of the electoral law. Citizens of a nationalminority are entitled to be represented by oneorganization only.

(3) The number of Deputies and Senators shall beestablished by the electoral law, in proportion to thepopulation of Romania.

TTeerrmm ooff ooffffiicceeARTICLE 63

(1) The Chamber of Deputies and the Senate shallbe elected for a term of office of 4 years, which maybe extended de jure in the event of a mobilization,war, siege, or emergency, until such event hasceased to exist.

(2) Elections to the Chamber of Deputies and theSenate shall be held within three months at themost of the expiry of the term of office or theParliament dissolution.

(3) The newly elected Parliament shall meet uponconvening by the President of Romania, withintwenty days of the elections.

(4) The Chambers’ term of office shall beprolonged until the new Parliament legally meets.During this period, the Constitution shall notundergo any revision, nor shall any organic laws bepassed, amended or repealed.

(5) Bills or legislative proposals entered on theagenda of the preceding Parliament shall be carriedover in the session of the new Parliament.


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OOrrggaanniizzaattiioonnaall ssttrruuccttuurreeARTICLE 64

(1) The organization and functioning of eachChamber shall be regulated by its own StandingOrders. Financial resources of the Chambers shall beprovided for in the budgets approved by them.

(2) Each Chamber shall elect its Standing Bureau.The President of the Chamber of Deputies and thePresident of the Senate shall be elected for theChambers’ term of office. The other members of theStanding Bureaus shall be elected at the opening ofeach session. The members of the Standing Bureausmay be dismissed before the expiry of the term ofoffice.

(3) Deputies and Senators may be organized intoParliamentary Groups, according to the StandingOrders of each Chamber.

(4) Each Chamber shall set up StandingCommittees and may institute inquiry committees orother special committees. The Chambers may set upjoint committees.

(5) The Standing Bureaus and ParliamentaryCommittees shall be made up so as to reflect thepolitical spectrum of each Chamber.

SSiittttiinnggss ooff tthhee CChhaammbbeerrssARTICLE 65

(1) The Chamber of Deputies and the Senate shallmeet in separate sittings.

(2) The Chambers may also meet in joint sittings,based on the regulations passed by a majority voteof the Deputies and Senators, in order:

a) to receive the message of the President ofRomania;

b) to approve the State budget and the Statesocial security budget;

c) to declare total or partial mobilization;d) to declare a state of war;e) to suspend or terminate armed hostilities;f) to approve the national strategy of homeland

defence;

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g) to examine reports of the Supreme Council ofNational Defence;

h) to appoint, based on proposals by the Presidentof Romania, the directors of the intelligence services,and to exercise control over the activity of suchservices;

i) to appoint the Advocate of the People;j) to establish the status of the Deputies and

Senators, their emoluments, and other rights;k) to fulfil any other prerogatives, which – in

accordance with the Constitution or the StandingOrders – shall be exercised in a joint sitting.

SSeessssiioonnssARTICLE 66

(1) The Chamber of Deputies and the Senate shallmeet in two ordinary sessions every year. The firstsession begins in February and is due to last by theend of June at the latest. The second session beginsin September and is due to last by the end ofDecember at the latest.

(2) The Chamber of Deputies and the Senate mayalso meet in extraordinary sessions, at the request ofthe President of Romania, the Standing Bureau ofeach Chamber or of at least one third of the numberof Deputies or Senators.

(3) Each Chamber shall be convened by itspresident.

AAccttss ooff PPaarrlliiaammeenntt aanndd lleeggaall qquuoorruummARTICLE 67

The Chamber of Deputies and the Senate shallpass laws, and carry resolutions and motions, in thepresence of the majority of their members.

PPuubblliicciittyy ooff ssiittttiinnggssARTICLE 68

(1) The sittings of both Chambers shall be public.(2) The Chambers may decide that certain sittings

be secret.


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SECTION 2Statute of Deputies and Senators

RReepprreesseennttaattiivvee mmaannddaatteeARTICLE 69

(1) In the exercise of their mandate Deputies andSenators shall be in the service of the people.

(2) Any imperative mandate shall be null.

TTeerrmm ooff ooffffiiccee ooff DDeeppuuttiieess aanndd SSeennaattoorrssARTICLE 70

(1) Deputies and Senators shall begin the exerciseof their office on the day the Chamber whosemembers they are has lawfully met, on condition theelection is validated and the oath is taken. The formof the oath shall be regulated by an organic law.

(2) The capacity as a Deputy or Senator shallcease on the same day the newly elected Chambersshall legally meet, or in case of resignation,disenfranchisement, incompatibility, or death.

IInnccoommppaattiibbiilliittiieessARTICLE 71

(1) No one may be a Deputy and a Senator at thesame time.

(2) The capacity as a Deputy or Senator isincompatible with the exercise of any public officein authority, with the exception of Governmentmembership.

(3) Other incompatibilities shall be established byorganic law.

PPaarrlliiaammeennttaarryy iimmmmuunniittyyARTICLE 72

(1) No Deputy or Senator shall be held judiciallyaccountable for the votes cast or the politicalopinions expressed while exercising their office.

(2) The Deputies and Senators may be subject tocriminal investigation, or criminally prosecuted for

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acts that are not connected with their votes or theirpolitical opinions expressed in the exercise of theiroffice, but shall not be searched, detained orarrested without the consent of the Chamber theybelong to, after being heard. The investigation andprosecution shall only be carried out by the PublicProsecutor’s Office attached to the High Court ofCassation and Justice. The High Court of Cassationand Justice shall have jurisdiction over this case.

(3) If caught in the act, Deputies or Senators maybe detained and searched. The Minister of Justiceshall inform without delay the president of theChamber in question on the detainment and search.If, after being notified, the Chamber in questionfinds there are no grounds for the detainment, itshall order the annulment of such a measure atonce.

SECTION 3Legislation

CCllaasssseess ooff llaawwssARTICLE 73

(1) Parliament passes constitutional, organic, andordinary laws.

(2) Constitutional laws shall be pertaining to therevision of the Constitution.

(3) Organic laws shall regulate:a) the electoral system; the organization and

functioning of the Permanent Electoral Authority;b) the organization, functioning, and financing of

political parties;c) the statute of Deputies and Senators, the

establishment of their emoluments and other rights;d) the organization and holding of referendum;e) the organization of the Government and of the

Supreme Council of National Defence;f) the state of partial or total mobilization of the

armed forces and the state of war;g) the state of siege and emergency;


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h) criminal offences, penalties, and the executionthereof;

i) the granting of amnesty or collective pardon;j) the statute of public servants;k) the contentious business falling within the

competence of administrative courts;l) the organization and functioning of the

Superior Council of Magistracy, the courts of law,the Public Ministry, and the Court of Audit;

m) the general legal status of property andinheritance;

n) the general organization of education;o) the organization of local public administration,

territory, as well as the general rules on localautonomy;

p) the general rules covering labour relations,trade unions, employers’ associations, and socialprotection;

r) the status of national minorities in Romania;s) the general statutory rules of religious cults;t) the other fields for which the Constitution

stipulates the enactment of organic laws.

LLeeggiissllaattiivvee iinniittiiaattiivveeARTICLE 74

(1) A legislative initiative shall lie, as the case maybe, with the Government, Deputies, Senators, or anumber of at least 100,000 citizens entitled to vote.The citizens who exercise their right to a legislativeinitiative must belong to at least one quarter of thecountry’s counties, while, in each of those counties orthe Municipality of Bucharest, at least 5,000 signaturesshould be registered in support of such initiative.

(2) A legislative initiative of the citizens may nottouch on matters concerning taxation, internationalaffairs, amnesty or pardon.

(3) The Government shall exercise its legislativeinitiative by introducing bills to the Chamber havingcompetence for its adoption, as a first notifiedChamber.

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(4) Deputies, Senators and citizens exercising theright of legislative initiative may present proposalsonly in the form required for bills.

(5) Legislative proposals shall be first submitted tothe Chamber having competence for its adoption, asa first notified Chamber.

NNoottiiffiiccaattiioonn ooff tthhee CChhaammbbeerrssARTICLE 75

(1) The Chamber of Deputies, as a first notifiedChamber, shall debate and adopt the bills andlegislative proposals for the ratification of treaties orother international agreements and the legislativemeasures deriving from the implementation of suchtreaties and agreements, as well as bills of the organiclaws stipulated under 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), article117 (3), article 118 (2) and (3), article 120 (2), article126 (4) and (5), and article 142 (5). The other bills orlegislative proposals shall be submitted to the Senate,as a first notified Chamber, for debate and adoption.

(2) The first notified Chamber shall pronouncewithin 45 days. For codes and other extremelycomplex laws, the time limit will be 60 days. If suchtime limits are exceeded, it shall be deemed that thebill or legislative proposal has been adopted.

(3) After the first notified Chamber adopts orrepeals it, the bill or legislative proposal shall besent to the other Chamber, which will make a finaldecision.

(4) In the event the first notified Chamber adoptsa provision which, under paragraph (1), belongs toits decision-making competence, the provision isadopted as final if the other Chamber also adopts it.Otherwise, for the provision in question only, thebill shall be returned to the first notified Chamber,which will make a final decision in an emergencyprocedure.


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(5) The provisions of paragraph (4) concerning thebill being returned shall also apply accordingly ifthe decision-making Chamber should adopt aprovision for which the decision-making competencebelongs to the first Chamber.

PPaassssiinngg ooff bbiillllss aanndd rreessoolluuttiioonnssARTICLE 76

(1) Organic laws and resolutions concerning theStanding Orders of the Chambers shall be passed bythe majority vote of the members of each Chamber.

(2) Ordinary laws and resolutions shall be passedby the majority vote of the members present in eachChamber.

(3) At the request of the Government or on itsown initiative, Parliament may pass bills orlegislative proposals under an emergency procedure,established in accordance with the Standing Ordersof each Chamber.

PPrroommuullggaattiioonn ooff llaawwssARTICLE 77

(1) A law shall be submitted for promulgation tothe President of Romania. Promulgation shall begiven within twenty days after receipt of the law.

(2) Before promulgation, the President of Romaniamay return the law to Parliament for reconsideration,and he may do so only once.

(3) In case the President has requested that law bereconsidered or a review has been asked for as to itsconformity with the Constitution, promulgation shallbe made within ten days from receiving the lawpassed after its reconsideration, or the decision of theConstitutional Court confirming its constitutionality.

CCoommiinngg iinnttoo ffoorrccee ooff llaawwssARTICLE 78

The law shall be published in the Official Gazetteof Romania and come into force 3 days after its

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publication date, or on a subsequent date stipulatedin its text.

LLeeggiissllaattiivvee CCoouunncciillARTICLE 79

(1) The Legislative Council shall be an advisoryexpert body of Parliament, that advises draftnormative acts for the purpose of a systematicunification and co-ordination of the whole body oflaws. It shall keep the official record of thelegislation of Romania.

(2) The setting up, organization and functioningof the Legislative Council shall be regulated by anorganic law.

CHAPTER IITThhee PPrreessiiddeenntt ooff RRoommaanniiaa

RRoollee ooff tthhee PPrreessiiddeennttARTICLE 80

(1) The President of Romania shall represent theRomanian State and is the safeguard of the nationalindependence, unity and territorial integrity of thecountry.

(2) The President of Romania shall guard theobservance of the Constitution and the properfunctioning of the public authorities. To this effect,he shall act as a mediator between the Powers in theState, as well as between the State and society.

EElleeccttiioonn ooff tthhee PPrreessiiddeennttARTICLE 81

(1) The President of Romania shall be elected byuniversal, equal, direct, secret an free suffrage.

(2) The candidate who, in the first ballot, obtaineda majority of votes of the electors entered on theelectoral lists shall be declared elected.

(3) In case no candidate has obtained such amajority, a second ballot shall be held between the


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first two candidates highest in the order of thenumber of votes cast for them in the first ballot.The candidate having the greatest number of votesshall be declared elected.

(4) No one may hold the office of President ofRomania but for two terms of office at the most,that can also be consecutive.

VVaalliiddaattiioonn ooff mmaannddaattee aanndd ooaatthh--ttaakkiinnggARTICLE 82

(1) The election returns for the Presidency ofRomania shall be validated by the ConstitutionalCourt.

(2) The candidate whose election has beenvalidated shall take before the Chamber of Deputiesand the Senate, in a joint sitting, the following oath:

“I solemnly swear that I will dedicate all my strengthand the best of my ability for the spiritual and materialwelfare of the Romanian people, to abide by theConstitution and laws of the country, to defenddemocracy, the fundamental rights and freedoms of myfellow-citizens, Romania’s sovereignty, independence,unity and territorial integrity. So help me God!”

TTeerrmm ooff ooffffiicceeARTICLE 83

(1) The term of office of the President of Romaniais five years, being exercised from the date the oathwas taken.

(2) The President of Romania shall exercise hisoffice until the new President-elect takes the oath.

(3) The term of office of the President of Romaniamay be prolonged, by an organic law, in the eventof war or catastrophe.

IInnccoommppaattiibbiilliittiieess aanndd iimmmmuunniittiieessARTICLE 84

(1) During his term of office, the President ofRomania may not be a member of any political

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party, nor may he perform any other public orprivate office.

(2) The President of Romania shall enjoyimmunity. The provisions of article 72 (1) shallapply accordingly.

AAppppooiinnttmmeenntt ooff tthhee GGoovveerrnnmmeennttARTICLE 85

(1) The President of Romania shall designate acandidate to the office of Prime Minister andappoint the Government on the basis of the vote ofconfidence of Parliament.

(2) In the event of government reshuffle orvacancy of office, the President shall dismiss andappoint, on the proposal of the Prime Minister,some members of the Government.

(3) If, through the reshuffle proposal, the politicalstructure or composition of the Government ischanged, the President of Romania shall only beentitled to exercise the power stipulated underparagraph (2) based on the Parliament’s approval,granted following the proposal of the PrimeMinister.

CCoonnssuullttaattiioonn wwiitthh tthhee GGoovveerrnnmmeennttARTICLE 86

The President of Romania may consult with theGovernment about urgent, extremely importantmatters.

PPaarrttiicciippaattiioonn iinn mmeeeettiinnggss ooff tthhee GGoovveerrnnmmeennttARTICLE 87

(1) The President of Romania may participate inthe meetings of the Government debating uponmatters of national interest with regard to foreignpolicy, the defence of the country, ensurance ofpublic order, and, at the Prime Minister’s request, inother instances as well.


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(2) The President of Romania shall preside overthe Government meetings he participates in.

MMeessssaaggeessARTICLE 88

The President of Romania shall addressParliament by messages on the main political issuesof the nation.

DDiissssoolluuttiioonn ooff PPaarrlliiaammeennttARTICLE 89

(1) After consultation with the presidents of bothChambers and the leaders of the parliamentarygroups, the President of Romania may dissolveParliament, if no vote of confidence has beenobtained to form a government within 60 days afterthe first request was made, and only after rejectionof at least two requests for investiture.

(2) During the same year, Parliament can bedissolved only once.

(3) The Parliament cannot be dissolved during thelast six months of the term of office of the Presidentof Romania, or during a state of mobilization, war,siege, or emergency.

RReeffeerreenndduummARTICLE 90

(1) The President of Romania may, after consultationwith Parliament, ask the people of Romania to express,by referendum, their will on matters of nationalinterest.

PPoowweerrss iinn mmaatttteerrss ooff ffoorreeiiggnn ppoolliiccyyARTICLE 91

(1) The President shall, in the name of Romania,conclude international treaties negotiated by theGovernment, and then submit them to the Parliamentfor ratification, within a reasonable time limit. Theother treaties and international agreements shall be

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concluded, approved, or ratified according to theprocedure set up by law.

(2) The President shall, on proposal by theGovernment, accredit and recall diplomatic envoysof Romania, and approve the setting up, closingdown or change in rank of diplomatic missions.

(3) Diplomatic envoys of other states shall beaccredited to the President of Romania.

PPoowweerrss iinn mmaatttteerrss ooff ddeeffeenncceeARTICLE 92

(1) The President of Romania shall be Commander-in-Chief of the Armed Forces and preside over theSupreme Council of National Defence.

(2) He may declare, with prior approval ofParliament, partial or total mobilization of theArmed Forces. Only in exceptional cases shall thedecision of the President be subsequently submittedfor approval to Parliament, within five days of theadoption thereof.

(3) In the event of an armed aggression againstthe country, the President of Romania shall takemeasures to repel the aggression, and he shallpromptly bring them to the cognizance ofParliament, by a message. If Parliament does not sitin a session, it shall be convened de jure, within 24hours of the outbreak of the aggression.

(4) In the event of mobilization or war, theParliament shall pursue its activity throughout thelength of such states, and, if not in session already,it shall be de jure convened within 24 hours aftersuch a state has been declared.

EEmmeerrggeennccyy mmeeaassuurreessARTICLE 93

(1) The President of Romania shall, according tothe law, institute the state of siege or state ofemergency in the entire country or in someterritorial-administrative units, and ask for theParliament’s approval for the measure adopted,within 5 days of the date of taking it, at the latest.


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(2) If Parliament does not sit in a session, it shallbe convened de jure within 48 hours of theinstitution of the state of siege or emergency, andshall function throughout this state.

OOtthheerr ppoowweerrssARTICLE 94

(1) The President of Romania shall also have thefollowing 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.

SSuussppeennssiioonn ffrroomm ooffffiicceeARTICLE 95

(1) In case of having committed grave actsinfringing upon constitutional provisions, thePresident of Romania may be suspended from officeby the Chamber of Deputies and the Senate, in jointsitting, by a majority vote of Deputies and Senators,and after consultation with the Constitutional Court.The President may explain before Parliament withregard to imputations brought against him.

(2) The proposal of suspension from office may beinitiated by at least one third of the number ofDeputies and Senators, and the President shall beimmediately notified thereof.

(3) If the proposal of suspension from office hasbeen approved, a referendum shall be held within 30days, in order to remove the President from office.

IImmppeeaacchhmmeennttARTICLE 96

(1) The Chamber of Deputies and the Senate maydecide the impeachment of the President ofRomania for high treason, in a joint session, based

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on the votes of at least two thirds of the number ofdeputies and senators.

(2) The impeachment proposal may be initiatedby a majority of deputies and senators and shall,without further delay, be notified to the President ofRomania, so that he can give explanations about thefacts he is being held accountable for.

(3) From the impeachment date and up to thedismissal date, the President is under de juresuspension.

(4) The jurisdiction for judging such cases shallbelong to the High Court of Cassation and Justice.The President shall be dismissed de jure on the datethe court decree impeaching him is final.

VVaaccaannccyy ooff ooffffiicceeARTICLE 97

(1) Vacancy of the office of President of Romaniashall be due upon his resignation, removal fromoffice, permanent impossibility to discharge hispowers and duties, or death.

(2) Within three months of the date when thePresidency of Romania fell vacant, the Governmentshall organize elections for a new President.

IInntteerriimm ooff ooffffiicceeARTICLE 98

(1) In case of vacancy in the office of President, or ifthe President is suspended from office or is temporarilyincapable to exercise his powers, the interim shalldevolve, in this order, on the President of the Senate orthe President of the Chamber of Deputies.

(2) Powers provided under Articles 88-90 shall notbe exercised by the Acting President during theinterim of the presidential office.

LLiiaabbiilliittyy ooff tthhee AAccttiinngg PPrreessiiddeennttARTICLE 99

(1) If the person acting as President of Romania hascommitted grave acts infringing upon constitutional


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provisions, Articles 95 and 98 shall be apliedaccordingly.

AAccttss ooff tthhee PPrreessiiddeennttARTICLE 100

(1) In the exercise of his powers, the President ofRomania shall issue decrees, which shall bepublished in the Official Gazette of Romania.Absence of publicity entails the non-existence of adecree.

(2) The decrees issued by the President ofRomania in the exercise of his powers, as providedunder Article 91 paragraphs (1) and (2), Article 92paragraphs (2) and (3), Article 93 paragraph (1), andArticle 94 subparagraphs a), b) and d) shall becountersigned by the Prime Minister.

EEmmoolluummeenntt aanndd ootthheerr rriigghhttssARTICLE 101

The emolument and other rights of the Presidentof Romania shall be established by law.

CHAPTER IIITThhee GGoovveerrnnmmeenntt


(1) The Government shall, in accordance with itsgovernment programme accepted by Parliament,ensure the implementation of the domestic andforeign policy of the country, and exercise thegeneral management of public administration.

(2) In the exercise of its powers, the Governmentshall co-operate with the social bodies concerned.

(3) The Government consists of the PrimeMinister, Ministers, and other members asestablished by an organic law.

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IInnvveessttiittuurreeARTICLE 103

(1) The President of Romania shall designate acandidate to the office of Prime Minister, as a resultof his consultation with the party which hasobtained absolute majority in Parliament, or —unless such majority exists — with the partiesrepresented in Parliament.

(2) The candidate to the office of Prime Ministershall, within ten days of his designation, seek thevote of confidence of Parliament upon theprogramme and complete list of the Government.

(3) The programme and list of the Governmentshall be debated upon by the Chamber of Deputiesand the Senate, in joint sitting. Parliament shallgrant confidence to the Government by a majorityvote of the Deputies and Senators.

OOaatthh ooff aalllleeggiiaanncceeARTICLE 104

(1) The Prime Minister, the Ministers and othermembers of the Government shall individually takean oath before the President of Romania, asprovided under Article 82.

(2) The Government as a whole and each of itsmembers shall exercise the mandate from the dateof taking the oath.


(1) Membership of the Government shall beincompatible with the exercise of any other publicoffice in authority, except for the office of a Deputyor Senator. Likewise, it shall be incompatible withthe exercise of any office of professionalrepresentation paid by a trading organization.

(2) Other incompatibilities shall be established byan organic law.


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CCeessssaattiioonn ooff mmeemmbbeerrsshhiipp ooff tthhee GGoovveerrnnmmeennttARTICLE 106

Membership of the Government shall cease uponresignation, dismissal, disenfranchisement,incompatibility, death, or in any other casesprovided by law.

PPrriimmee MMiinniisstteerrARTICLE 107

(1) The Prime Minister shall direct Governmentactions and co-ordinate activities of its members, withthe observance of the powers and duties incumbenton them. Likewise, he shall submit to the Chamber ofDeputies or the Senate reports and statements onGovernment policy, to be debated with priority.

(2) The President of Romania cannot dismiss thePrime Minister.

(3) If the Prime Minister finds himself in one ofthe situations stipulated under Article 106, exceptfor him being dismissed, or if it is impossible forhim to exercise his powers, the President ofRomania shall designate another member of theGovernment as Acting Prime Minister, in order tocarry out the powers of the Prime Minister, until anew Government is formed. The interim, during thePrime Minister’s impossibility to exercise the powersof the said office, shall cease if the Prime Ministerresumes his activity within the Government.

(4) Provisions under paragraph (3) shall applyaccordingly to the other members of theGovernment, on proposal by the Prime Minister, fora period of 45 days, at the most.

AAccttss ooff tthhee GGoovveerrnnmmeennttARTICLE 108

(1) The Government shall adopt decisions andordinances.

(2) Decisions shall be issued to organize theexecution of laws.

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(3) Ordinances shall be issued under a specialenabling law, within the limits and in conformitywith the provisions thereof.

(4) Decisions and ordinances adopted by theGovernment shall be signed by the Prime Minister,countersigned by the Ministers who are bound tocarry them into execution, and shall be published inthe Official Gazette of Romania. Non-publishingentails non-existence of a decision or ordinance.Decisions of a military character shall be conveyedonly to the institutions concerned.

RReessppoonnssiibbiilliittyy ooff mmeemmbbeerrss ooff tthhee GGoovveerrnnmmeennttARTICLE 109

(1) The Government is politically responsible forits entire activity only before Parliament. Eachmember of the Government is politically and jointlyliable with the other members for the activity andacts of the Government.

(2) Only the Chamber of Deputies, the Senate andthe President of Romania have the right to demandlegal proceedings to be taken against members ofthe Government for acts committed in the exerciseof their office. If such legal proceedings have beenrequested, the President of Romania may decree thatthey be suspended from office. Institution ofproceedings against a member of the Governmententails his suspension from office. The case shall bewithin the competence of the High Court ofCassation and Justice.

(3) Cases of liability, and penalties applicable tomembers of the Government shall be regulated by alaw on ministerial responsibility.

EEnndd ooff tthhee tteerrmm ooff ooffffiicceeARTICLE 110

(1) The Government shall exercise its term of officeuntil the validation of the general parliamentaryelections.


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(2) The Government shall be dismissed on thedate the Parliament withdraws the confidencegranted to it, or if the Prime Minister finds himselfin one of the situations stipulated under article 106,except for him being dismissed, or in case of hisimpossibility to exercise his powers for more than45 days.

(3) In situations such as under paragraph (2) theprovisions of Article 103 shall apply accordingly.

(4) The Government whose term of office ceasedin accordance with paragraphs (1) and (2) shallcontinue to fulfil only the acts required for theadministration of public affairs, until the membersof the new Government take the oath.

CHAPTER IVRReellaattiioonnss bbeettwweeeenn PPaarrlliiaammeenntt aanndd tthhee GGoovveerrnnmmeenntt

IInnffoorrmmaattiioonn ooff PPaarrlliiaammeennttARTICLE 111

(1) The Government and the other bodies ofpublic administration shall be obliged, within theparliamentary control over their activity, to presentthe information and documents requested by theChamber of Deputies, the Senate, or parliamentarycommittees, through their respective presidents. Incase a legislative initiative involves the amendmentof the provisions of the State budget, or of the Statesocial security budget, the request for informationshall be compulsory.

(2) Members of the Government are entitled toattend the proceedings of Parliament. If they arerequested to be present, participation shall becompulsory.

QQuueessttiioonnss,, iinntteerrppeellllaattiioonnss,, aanndd ssiimmppllee mmoottiioonnssARTICLE 112

(1) The Government and each of its membersshall be bound to answer the questions orinterpellations raised by the deputies or senators,

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under the terms stipulated by the regulations of thetwo Chambers of the Parliament.

(2) The Chamber of Deputies or the Senate maycarry a simple motion expressing their position as toa matter of domestic or foreign policy or, as the casemay be, a matter having been the subject of aninterpellation.

MMoottiioonn ooff cceennssuurreeARTICLE 113

(1) The Chamber of Deputies and the Senate may,in joint sitting, withdraw the confidence granted tothe Government, by carrying a motion of censure bya majority vote of the Deputies and Senators.

(2) The motion of censure may be initiated by atleast one fourth of the total number of Deputies andSenators, and shall be notified to the Governmentupon the date of its tabling.

(3) The motion of censure shall be debated uponthree days after its presentation in the joint sittingof the Chambers.

(4) If the motion of censure fails to be passed, theDeputies and the Senators who signed it may notsubmit another one during the same session, exceptfor the case the Government assumes responsibilityin conformity with Article 114.

AAssssuummppttiioonn ooff rreessppoonnssiibbiilliittyy bbyy tthhee GGoovveerrnnmmeennttARTICLE 114

(1) The Government may assume responsibilitybefore the Chamber of Deputies and the Senate, injoint sitting, upon a programme, a general policystatement, or a bill.

(2) The Government shall be dismissed if amotion of censure, tabled within three days of thedate of presenting the programme, the generalpolicy statement, or the bill, has been passed inaccordance with the provisions under Article 113.

(3) If the Government has not been dismissedaccording to paragraph (2), the bill presented,


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amended, or completed, as the case may be, withthe amendments accepted by the Government, shallbe deemed as passed, and the implementation of theprogramme or general policy statement shallbecome binding on the Government.

(4) In case the President of Romania demandsreconsideration of the law passed according toparagraph (3), the debate thereon shall be carried inthe joint sitting of the Chambers.

LLeeggiissllaattiivvee ddeelleeggaattiioonnARTICLE 115

(1) Parliament may pass a special law enablingthe Government to issue ordinances in fields outsidethe scope of organic laws.

(2) The enabling law shall compulsorily establishthe field and the date up to which ordinances maybe issued.

(3) If the enabling law so requests, ordinancesshall be submitted to Parliament for approval,according to the legislative procedure, until theexpiry of the enabling time limit. Non-compliancewith the term entails discontinuation of the effectsof the ordinance.

(4) The Government can only adopt emergencyordinances in exceptional cases, the regulation ofwhich cannot be postponed, and have the obligationto give the reasons for the emergency status withintheir contents.

(5) An emergency ordinance shall only come intoforce after it has been submitted for debate in anemergency procedure to the Chamber having thecompetence to be notified, and after it has beenpublished in the Official Gazette of Romania. If notin session, the Chambers shall be convened by allmeans within 5 days after submittal, or, as the casemay be, after forwarding. If, within 30 days at thelatest of the submitting date, the notified Chamberdoes not pronounce on the ordinance, the lattershall be deemed adopted and shall be sent to the

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other Chamber, which shall also make a decision inan emergency procedure. An emergency ordinancecontaining norms of the same kind as the organiclaw must be approved by a majority stipulatedunder article 76 (1).

(6) Emergency ordinances cannot be adopted inthe field of constitutional laws, or affect the statusof fundamental institutions of the State, the rights,freedoms and duties stipulated in the Constitution,the electoral rights, and cannot establish steps fortransferring assets to public property forcibly.

(7) The ordinances the Parliament has beennotified about shall be approved or rejected in a lawwhich must also contain the ordinance that ceasedto be effective according to paragraph (3).

(8) The law approving or rejecting an ordinanceshall regulate, if such is the case, the necessary stepsconcerning the legal effects caused while theordinance was in force.

CHAPTER VPPuubblliicc aaddmmiinniissttrraattiioonn

SECTION 1Specialized central public administration

SSttrruuccttuurreeARTICLE 116

(1) Ministries shall be organized only insubordination to the Government.

(2) Other specialized agencies may be organizedin subordination to the Government or Ministries, oras autonomous administrative authorities.

EEssttaabblliisshhmmeennttARTICLE 117

(1) Ministries shall be set up, organized, and shallfunction in accordance with the law.

(2) The Government and Ministries may, on theauthorization of the Court of Audit, set up specialized


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agencies in their subordination, but only if the lawacknowledges the competence thereof.

(3) Autonomous administrative authorities may beestablished by an organic law.

TThhee AArrmmeedd FFoorrcceessARTICLE 118

(1) The Army shall be exclusively subordinated tothe people’s will, in order to guarantee thesovereignty, independence and unity of the State,the country’s territorial integrity, and theconstitutional democracy. Under the law and theinternational treaties Romania is a party to, theArmy shall contribute to the collective defence inmilitary alliance systems, and participate in peacekeeping or peace restoring missions.

(2) The structure of the national defence system,the preparation of the population, economy andterritory for defence, as well as the military shall beregulated by an organic law.

(3) The provisions of paragraphs (1) and (2) shallapply accordingly to the other components of theArmed Forces established according to the law.

(4) The organization of military or paramilitaryactivities outside a State authority is prohibited.

(5) Foreign troops can only enter, station, carryout operations, or pass through the Romanianterritory under the terms of the law or theinternational treaties Romania is a party to.

SSuupprreemmee CCoouunncciill ooff NNaattiioonnaall DDeeffeenncceeARTICLE 119

The supreme Council of National Defence shallunitarily organize and co-ordinate the activitiesconcerning the country’s defence and security, itsparticipation in international security keeping, andin collective defence in military alliance systems, aswell as in peace keeping or restoring missions.

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SECTION 2Local public administration

BBaassiicc pprriinncciipplleessARTICLE 120

(1) The public administration in territorial-administrative units shall be based on the principlesof decentralization, local autonomy, anddeconcentration of public services.

(2) In the territorial-administrative units wherecitizens belonging to a national minority have asignificant weight, provision shall be made for theoral and written use of that national minority’slanguage in the relations with the local publicadministration authorities and the decentralizedpublic services, under the terms stipulated by theorganic law.

CCoommmmuunnee aanndd ttoowwnn aauutthhoorriittiieessARTICLE 121

(1) The public administration authorities, bywhich local autonomy in communes and towns isimplemented, shall be the Local Councils andMayors elected, in accordance with the law.

(2) The local Councils and Mayors shall act asautonomous administrative authorities and managepublic affairs in communes and towns, in acordancewith the law.

(3) Authorities under paragraph (1) may also beset up in the territorial-administrative subdivisionsof municipalities.

CCoouunnttyy CCoouunncciillARTICLE 122

(1) The County Council is the public administrationauthority co-ordinating the activity of commune andtown councils, with a view to carrying out the publicservices of county interest.


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(2) The County Council shall be elected and shallfunction in accordance with the law.

TThhee PPrreeffeeccttARTICLE 123

(1) The Government shall appoint a Prefect ineach county and in the Bucharest Municipality.

(2) The Prefect is the representative of theGovernment at a local level and shall direct thedecentralized public services of ministries and otherbodies of the central public administration in theterritorial-administrative units.

(3) The powers of the Prefect shall be establishedby an organic law.

(4) Among the Prefects, on the one hand, theLocal Councils and the Mayors, as well as the countycouncils and their presidents, on the other hand,there are no subordination relationships.

(5) The Prefect may challenge, in the administrativecourt, an act of the County Council, of a LocalCouncil, or of a Mayor, in case he deems it unlawful.The act thus challenged shall be suspended de jure.

CHAPTER VIJJuuddiicciiaall aauutthhoorriittyy

SECTION 1Courts of law

AAddmmiinniissttrraattiioonn ooff jjuussttiicceeARTICLE 124

(1) Justice shall be rendered in the name of the law.(2) Justice shall be one, impartial, and equal for all.(3) Judges shall be independent and subject only

to the law.

SSttaattuuttee ooff jjuuddggeessARTICLE 125

(1) The judges appointed by the President ofRomania shall be irremovable, according to the law.

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(2) The appointment proposals, as well as thepromotion, transfer of, and sanctions against judgesshall only be within the competence of the SuperiorCouncil of Magistracy, under the terms of its organiclaw.

(3) The office of a judge shall be incompatiblewith any other public or private office, except foracademic activities.

CCoouurrttss ooff llaawwARTICLE 126

(1) Justice shall be administered by the HighCourt of Cassation and Justice, and the other courtsof law set up by the law.

(2) The jurisdiction of the courts of law and thejudging procedure shall only be stipulated by law.

(3) The High Court of Cassation and Justice shallprovide a unitary interpretation and implementationof the law by the other courts of law, according toits competence.

(4) The composition of the High Court ofCassation and Justice, and the regulation for itsfunctioning shall be set up in an organic law.

(5) It is prohibited to establish extraordinarycourts of law. By means of an organic law, courts oflaw specialized in certain matters may be set up,allowing the participation, as the case may be, ofpersons outside the magistracy.

(6) The judicial control of administrative acts of thepublic authorities, by way of the contentious businessfalling within the competence of administrativecourts, is guaranteed, except for those regardingrelations with the Parliament, as well as the militarycommand acts. The administrative courts, judgingcontentious business have jurisdiction to solve theapplications filed by persons aggrieved by statutoryorders or, as the case may be, by provisions instatutory orders declared unconstitutional.


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PPuubblliicciittyy ooff ddeebbaatteessARTICLE 127

Proceedings shall be public, except for the casesprovided by law.

UUssee ooff mmootthheerr ttoonngguuee aanndd iinntteerrpprreetteerr iinn ccoouurrttARTICLE 128

(1) The legal procedure shall be conducted inRomanian.

(2) Romanian citizens belonging to nationalminorities have the right to express themselves intheir mother tongue before the courts of law, underthe terms of the organic law.

(3) The ways for exercising the right stipulatedunder paragraph (2), including the use ofinterpreters or translations, shall be stipulated so asnot to hinder the proper administration of justiceand not to involve additional expenses to thoseinterested.

(4) Foreign citizens and stateless persons who donot understand or do not speak the Romanianlanguage shall be entitled to take cognizance of allthe file papers and proceedings, to speak in courtand draw conclusions, by means of an interpreter;in criminal law suits, this right is ensured free ofcharge.

UUssee ooff aappppeeaallARTICLE 129

Against decisions of the court, the partiesconcerned and the Public Ministry may exerciseways of appeal, in accordance with the law.

PPoolliiccee iinn tthhee ccoouurrttssARTICLE 130

Courts of law shall have police forces at theirdisposal.

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SECTION 2The Public Ministry

RRoollee ooff PPuubblliicc MMiinniissttrryyARTICLE 131

(1) Within the judicial activity, the Public Ministryshall represent the general interests of the society,and defend legal order, as well as the citizens’ rightsand freedoms.

(2) The Public Ministry shall discharge its powersthrough public prosecutors, constituted into publicprosecutor’s offices, in accordance with the law.

(3) The public prosecutor’s offices attached tocourts of law shall direct and supervise the criminalinvestigation activity of the police, according to thelaw.

SSttaattuuttee ooff PPuubblliicc PPrroosseeccuuttoorrssARTICLE 132

(1) Public prosecutors shall carry out their activityin accordance with the principle of legality,impartiality and hierarchical control, under theauthority of the Minister of Justice.

(2) The office of public prosecutor is incompatiblewith any other public or private office, except foracademic activities.

SECTION 3Superior Council of Magistracy


(1) The Superior Council of Magistracy shallguarantee the independence of justice.

(2) The Superior Council of Magistracy shallconsist of 19 members, of whom:

a) 14 are elected in the general meetings of themagistrates, and validated by the Senate; they shallbelong to two sections, one for judges and one for


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public prosecutors; the former section consists of 9judges, and the latter of 5 public prosecutors;

b) 2 representatives of the civil society, specialistsin law, who enjoy a good professional and moralreputation, elected by the Senate; these shall onlyparticipate in plenary proceedings;

c) the Minister of Justice, the president of theHigh Court of Cassation and Justice, and the generalpublic prosecutor of the Public Prosecutor’s Officeattached to the High Court of Cassation and Justice.

(3) The president of the Superior Council ofMagistracy shall be elected for one year’s term ofoffice, which cannot be renewed, from among themagistrates listed under paragraph (2) a).

(4) The length of the term of office of the SuperiorCouncil of Magistracy members shall be 6 years.

(5) The Superior Council of Magistracy shall makedecisions by secret vote.

(6) The President of Romania shall preside overthe proceedings of the Superior Council ofMagistracy he takes part in.

(7) Decisions by the Superior Council ofMagistracy shall be final and irrevocable, except forthose stipulated under article 144 (2).

PPoowweerrssARTICLE 134

(1) The Superior Council of Magistracy shallpropose to the President of Romania theappointment of judges and public prosecutors,except for the trainees, according to the law.

(2) The Superior Council of Magistracy shallperform the role of a court of law, by means of itssections, as regards the disciplinary liability of judgesand public prosecutors, based on the procedures setup by its organic law. In such cases, the Minister ofJustice, the president of the High Court of Cassationand Justice, and the general Public Prosecutor of thePublic Prosecutor’s Office attached to the High Courtof Cassation and Justice shall not be entitled to vote.

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(3) Decisions by the Superior Council ofMagistracy as regards discipline may be contestedbefore the High Court of Cassation and Justice.

(4) The Superior Council of Magistracy shall alsoperform other duties stipulated by its organic law,in order to accomplish its role of guarantor for theindependence of justice.

TTIITTLLEE IIVVEconomy and public finance

EEccoonnoommyyARTICLE 135

(1) Romania’s economy is a free market economy,based on free enterprise and competition.

(2) The State must secure:a) a free trade, protection of fair competition,

provision of a favourable framework in order tostimulate and capitalize every factor of production;

b) protection of national interests in economic,financial and currency activity;

c) stimulation of national scientific and technologicalresearch, arts, and protection of copyright;

d) exploitation of natural resources, in conformitywith national interests;

e) environmental protection and recovery, as wellas preservation of the ecological balance;

f) creation of all necessary conditions so as toincrease the quality of life.

g) implementation of regional developmentpolicies in compliance with the objectives of theEuropean Union.

PPrrooppeerrttyyARTICLE 136

(1) Property is public or private.(2) Public property is guaranteed and protected by

the law, and belongs to the State or to territorial-administrative units.


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(3) The mineral resources of public interest, theair, the waters with energy potential that can beused for national interests, the beaches, theterritorial sea, the natural resources of the economiczone and the continental shelf, as well as otherpossessions established by the organic law, shall bepublic property exclusively.

(4) Public property is inalienable. Under the termsof the organic law, the public property can bemanaged by autonomous régies or publicinstitutions, or can be granted or leased; also, it canbe transferred for free usage to public utilityinstitutions.

(5) Private property is inviolable, in accordancewith the organic law.

FFiinnaanncciiaall ssyysstteemmARTICLE 137

(1) Formation, administration, use and control ofthe financial resources of the State, of territorial-administrative units and public institutions shall beregulated by law.

(2) The national currency is the Leu, with itssubdivision, the Ban. Under the circumstances ofRomania’s accession to the European Union, thecirculation and replacement of the national currencyby that of the European Union may beacknowledged by means of an organic law.

NNaattiioonnaall ppuubblliicc bbuuddggeettARTICLE 138

(1) The national public budget shall comprise theState budget, the State social security budget and thelocal budgets of communes, towns and counties.

(2) The Government shall annually draft the Statebudget and the State social security budget, whichshall be submitted separately to Parliament forapproval.

(3) If the Law on the State budget and the Law onthe State social security budget fail to be passed by

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at least three days before the expiry of thebudgetary year, the previous year’s State budget andthe State social security budget shall continue to beapplied until the adoption of the new budgets.

(4) Local budgets shall be drafted, approved andexecuted in accordance with the law.

(5) No budget expenditure shall be approvedunless its financing source has been established.

TTaaxxeess,, dduuttiieess,, aanndd ootthheerr ccoonnttrriibbuuttiioonnssARTICOLE 139

(1) Taxes, duties and any other revenue of theState budget and State social security budget shallbe established only by law.

(2) Local taxes and duties shall be established bythe local or county councils, within the limits andunder the terms of the law.

(3) The sums representing contributions to theestablishment of funds shall only be used, accordingto the law, for their actual purpose.

CCoouurrtt ooff AAuuddiittARTICLE 140

(1) The Court of Audit shall exercise control overthe formation, administration, and use of thefinancial resources of the State and public sector.Under the terms of the organic law, the disputesresulting from the activity of the Court of Auditshall be solved by specialized courts of law.

(2) The Court of Audit shall annually report toParliament on the accounts of the national publicbudget administration in the expired budgetary year,including cases of mismanagement.

(3) At the request of the Chamber of Deputies orthe Senate, the Court of Audit shall check themanagement of public resources, and report on itsfindings.

(4) Audit advisers shall be appointed by theParliament for a term of office of 9 years, whichcannot be extended or renewed. Members of the Court


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of Audit shall be independent in exercising their termof office and irremovable throughout its duration.They shall be subject to the incompatibilities the lawstipulates for judges.

(5) The Court of Audit shall be renewed with onethird of the audit advisers appointed by theParliament, every 3 years, under the termsstipulated by the organic law of the Court.

(6) The Parliament shall be entitled to revoke themembers of the Court of Audit, in the instances andunder the terms stipulated by the law.

TThhee EEccoonnoommiicc aanndd SSoocciiaall CCoouunncciillARTICLE 141

The Economic and Social Council shall be anadvisory body of the Parliament and Government, inthe specialized fields stated by the organic law forits establishment, organization, and functioning.

TTIITTLLEE VVConstitutional Court

SSttrruuccttuurreeARTICLE 142

(1) The Constitutional Court shall be theguarantor for the supremacy of the Constitution.

(2) The Constitutional Court consists of ninejudges, appointed for a term of office of nine years,that cannot be prolonged or renewed.

(3) Three judges shall be appointed by theChamber of Deputies, three by the Senate, and threeby the President of Romania.

(4) The judges of the Constitutional Court shallelect, by secret vote, the president thereof, for aterm of office of three years.

(5) The Constitutional Court shall be renewed byone third of its judges every three years, inaccordance with the provisions of the Court’sorganic law.

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QQuuaalliiffiiccaattiioonn ffoorr aappppooiinnttmmeennttARTICLE 143

Judges of the Constitutional Court must havegraduated law, and have high professional competenceand at least eighteen years of experience in juridicalor academic activities.


The office of judge of the Constitutional Court isincompatible with any other public or private office,except for academic activities.

IInnddeeppeennddeennccee aanndd iirrrreemmoovvaabbiilliittyyARTICLE 145

Judges of the Constitutional Court shall beindependent in the exercise of their office andirremovable during the term of office.

PPoowweerrssARTICLE 146

The Constitutional Court shall have the followingpowers:

a) to adjudicate on the constitutionality of laws,before the promulgation thereof upon notificationby the President of Romania, one of the presidentsof the two Chambers, the Government, the HighCourt of Cassation and Justice, the Advocate of thePeople, a number of at least 50 deputies or at least25 senators, as well as ex officio, on initiatives torevise the Constitution;

b) to adjudicate on the constitutionality of treatiesor other international agreements, upon notificationby one of the presidents of the two Chambers, anumber of at least 50 deputies or at least 25senators;


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c) to adjudicate on the constitutionality of theStanding Orders of Parliament, upon notification bythe president of either Chamber, by a parliamentarygroup or a number of at least 50 Deputies or at least25 Senators;

d) to decide on objections as to theunconstitutionality of laws and ordinances, broughtup before courts of law or commercial arbitration;the objection as to the unconstitutionality may alsobe brought up directly by the Advocate of thePeople;

e) to solve legal disputes of a constitutionalnature between public authorities, at the request ofthe President of Romania, one of the presidents ofthe two Chambers, the Prime Minister, or of thepresident of the Superior Council of Magistracy;

f) to guard the observance of the procedure forthe election of the President of Romania and toconfirm the ballot returns;

g) to ascertain the circumstances which justify theinterim in the exercise of the office of President ofRomania, and to report its findings to Parliamentand the Government;

h) to give advisory opinion on the proposal tosuspend from office the President of Romania;

i) to guard the observance of the procedure forthe organization and holding of a referendum, andto confirm its returns;

j) to check the compliance with the conditions forthe exercise of the legislative initiative by citizens;

k) to decide on the objections ofunconstitutionality of a political party;

l) to carry out also other duties stipulated by theorganic law of the Court.

DDeecciissiioonnss ooff tthhee CCoonnssttiittuuttiioonnaall CCoouurrttARTICLE 147

(1) The provisions of the laws and ordinances inforce, as well as those of the regulations, which are

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found to be unconstitutional, shall cease their legaleffects within 45 days of the publication of thedecision of the Constitutional Court if, in themeantime, the Parliament or the Government, as thecase may be, cannot bring into line theunconstitutional provisions with the provisions ofthe Constitution. For this limited length of time theprovisions found to be unconstitutional shall besuspended de jure.

(2) In cases of unconstitutionality of laws, beforethe promulgation thereof, the Parliament is bound toreconsider those provisions, in order to bring theminto line with the decision of the ConstitutionalCourt.

(3) If the constitutionality of a treaty or internationalagreement has been found according to article 146 b),such a document cannot be the subject of an objectionof unconstitutionality. The treaty or internationalagreement found to be unconstitutional shall not beratified.

(4) Decisions of the Constitutional Court shall bepublished in the Official Gazette of Romania. Asfrom their publication, decisions shall be generallybinding and effective only for the future.

TTIITTLLEE VVIIEuro-Atlantic integration

IInntteeggrraattiioonn iinnttoo tthhee EEuurrooppeeaann UUnniioonnARTICLE 148

(1) Romania’s accession to the constituent treatiesof the European Union, with a view to transferringcertain powers to community institutions, as well asto exercising in common with the other memberstates the abilities stipulated in such treaties, shallbe carried out by means of a law adopted in thejoint sitting of the Chamber of Deputies and the


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Senate, with a majority of two thirds of the numberof deputies and senators.

(2) As a result of the accession, the provisions ofthe constituent treaties of the European Union, aswell as the other mandatory community regulationsshall take precedence over the opposite provisions ofthe national laws, in compliance with the provisionsof the accession act.

(3) The provisions of paragraphs (1) and (2) shallalso apply accordingly for the accession to the actsrevising the constituent treaties of the EuropeanUnion.

(4) The Parliament, the President of Romania, theGovernment, and the judicial authority shallguarantee that the obligations resulting from theaccession act and the provisions of paragraph (2) areimplemented.

(5) The Government shall send to the twoChambers of the Parliament the draft mandatoryacts before they are submitted to the EuropeanUnion institutions for approval.

AAcccceessssiioonn ttoo tthhee NNoorrtthh--AAttllaannttiicc TTrreeaattyyARTICLE 149

Romania’s accession to the North-Atlantic Treatyshall take place by means of a law adopted in thejoint sitting of the Chamber of Deputies and theSenate, with a majority of two thirds of the numberof deputies and senators.

TTIITTLLEE VVIIIIRevision of the Constitution

IInniittiiaattiivvee ooff rreevviissiioonnARTICLE 150

(1) Revision of the Constitution may be initiatedby the President of Romania on the proposal of theGovernment, by at least one quarter of the number

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of Deputies or Senators, as well as by at least500,000 citizens with the right to vote.

(2) The citizens who initiate the revision of theConstitution must belong to at least half the numberof the counties in the country, and in each of therespective counties or in the Municipality ofBucharest, at least 20,000 signatures must berecorded in support of this initiative.

PPrroocceedduurree ooff rreevviissiioonnARTICLE 151

(1) The draft or proposal of revision must beadopted by the Chamber of Deputies and the Senate,by a majority of at least two thirds of the membersof each Chamber.

(2) If no agreement can be reached by amediation procedure, the Chamber of Deputies andthe Senate shall decide thereupon, in joint sitting, bythe vote of at least three quarters of the number ofDeputies and Senators.

(3) The revision shall be final after the approvalby a referendum held within 30 days of the date ofpassing the draft or proposal of revision.

LLiimmiittss ooff rreevviissiioonnARTICLE 152

(1) The provisions of this Constitution with regardto the national, independent, unitary and indivisiblecharacter of the Romanian State, the republicanform of government, territorial integrity,independence of justice, political pluralism andofficial language shall not be subject to revision.

(2) Likewise, no revision shall be made if it resultsin the suppression of the citizens’ fundamental rightsand freedoms, or of the safeguards thereof.

(3) The Constitution shall not be revised during astate of siege or emergency, or in wartime.


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TTIITTLLEE VVIIIIIIFinal and transitory provisions

CCoommiinngg iinnttoo ffoorrcceeARTICLE 153

This Constitution shall come into force on thedate of its adoption by referendum. On the sameday, the Constitution of 21 August 1965 is andremains fully repealed.

TTeemmppoorraall ccoonnfflliicctt ooff llaawwssARTICLE 154

(1) The laws and all other normative acts shallapply as far as they do not contravene theprovisions of this Constitution.

(2) The Legislative Council shall examine, within12 months of the date of coming into force of thelaw on its organization, the compliance of legislationwith this Constitution and shall accordingly advanceproposals to Parliament or to the Government, asthe case may be.

TTrraannssiittoorryy pprroovviissiioonnssARTICLE 155

(1) The bills and legislative proposals pending thelegislation shall be debated and adopted incompliance with the constitutional provisionsexisting before the coming into force of the revisionlaw.

(2) The institutions stipulated by the Constitution,existing on the date of coming into force of therevision law, shall operate until the setting up of thenew ones.

(3) The provisions of paragraph (1) of article 83shall apply starting from the next presidential termof office.

(4) The provisions regarding the High Court ofCassation and Justice shall be implemented within 2

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years at most of the date of coming into force of therevision law.

(5) The judges in office of the Supreme Court ofJustice and the audit advisers appointed by theParliament shall continue their activity until theterm of office for which they were appointedexpires. To ensure the renewal of the Court of Auditevery 3 years, on the expiry of the term of office ofthe current audit advisers, these may be appointedfor another 3-year or 6-year term of office.

(6) Until the establishment of specialized courts oflaw, the disputes resulting from the activity of theCourt of Audit shall be solved by ordinary courts oflaw.

RReeppuubblliiccaattiioonn ooff tthhee CCoonnssttiittuuttiioonnARTICLE 156

The law for the revision of the Constitution shallbe published in the Official Gazette of Romaniawithin 5 days of the date of its passing. TheConstitution, amended and completed, after itsapproval by referendum, shall be republished by theLegislative Council, by updating the denominationsand renumbering the texts.

Documents

CONSTITUTION OF ROMANIA - Chamber of Deputies · Romania was approved by the national referendum of 18-19 October 2003, and came into force on 29 October 2003, the date of the publication