The Constitution of Romania
31/10/2003
Published in the Official Gazette, Part I no. 767 of 31/10/2003
Amended and supplemented by Law revising the Constitution of Romania no. 429/2003, published in the Official Gazette of Romania, Part I, no. 758 of 29 October 2003, republished by the Legislative Council, pursuant to art. 152 of the Constitution, with the names updated and the texts given a new numbering (art. 152 became, in the republished form, art. 156). Law revising the Constitution of Romania no. 429/2003 was approved by the national referendum of 18-19 October 2003 and entered into force on 29 October 2003, the date of publication in the Official Gazette of Romania, Part I, no. 758 of 29 October 2003 of the Constitutional Court Decision no. 3 of 22 October 2003 to confirm the result of the national referendum of 18-19 October 2003 on the Law revising the Constitution of Romania. The Constitution of Romania, in its initial form, was adopted in the session of the Constituent Assembly of 21 November 1991, was published in the Official Gazette of Romania, Part I, no. 233 of 21 November 1991 and entered into force following its approval by the national referendum of 8 December 1991.
TITLE I General principles
ARTICLE 1
The Romanian state
(1) Romania is a national, sovereign and independent, unitary and indivisible state.
(2) The form of government of the Romanian state is the republic.
(3) Romania is a democratic and social state governed by the rule of law, in which human dignity, the rights and freedoms of citizens, the free development of the human personality, justice and political pluralism represent supreme values, in the spirit of the democratic traditions of the Romanian people and the ideals of the Revolution of December 1989, and are guaranteed.
(4) The state is organized according to the principle of separation and balance of powers – legislative, executive and judicial – within the framework of constitutional democracy.
(5) In Romania, respect for the Constitution, its supremacy and the laws is mandatory.
ARTICLE 2
Sovereignty
(1) National sovereignty belongs to the Romanian people, who exercise it through their representative bodies, established through free, periodic and fair elections, as well as through referendum.
(2) No group or person may exercise sovereignty in its own name.
ARTICLE 3
territory
(1) The territory of Romania is inalienable.
(2) The country's borders are established by organic law, in compliance with the principles and other generally accepted norms of international law.
(3) The territory is organized, from an administrative point of view, into communes, cities and counties. Under the terms of the law, some cities are declared municipalities.
(4) Foreign populations may not be resettled or colonized on the territory of the Romanian state.
ARTICLE 4
Unity of the people and equality among citizens
(1) The State is founded on the unity of the Romanian people and the solidarity of its citizens.
(2) Romania is the common and indivisible homeland of all its citizens, without distinction of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin.
ARTICLE 5
Citizenship
(1) Romanian citizenship is acquired, retained or lost under the conditions provided for by the organic law.
(2) Romanian citizenship cannot be withdrawn from someone who acquired it by birth.
ARTICLE 6
The right to identity
(1) The State recognizes and guarantees to persons belonging to national minorities the right to preserve, develop and express their ethnic, cultural, linguistic and religious identity.
(2) The protective measures taken by the state for the preservation, development and expression of the identity of persons belonging to national minorities must comply with the principles of equality and non-discrimination in relation to other Romanian citizens.
ARTICLE 7
Romanians abroad
The state supports the strengthening of ties with Romanians outside the country's borders and acts to preserve, develop and express their ethnic, cultural, linguistic and religious identity, while respecting the legislation of the state of which they are citizens.
ARTICLE 8
Pluralism and political parties
(1) Pluralism in Romanian society is a condition and a guarantee of constitutional democracy.
(2) Political parties shall be established and shall carry out their activity in accordance with the law. They shall contribute to the definition and expression of the political will of citizens, respecting national sovereignty, territorial integrity, the rule of law and the principles of democracy.
ARTICLE 9
Trade unions, employers' associations and professional associations
Trade unions, employers' associations and professional associations are established and operate according to their statutes, under the terms of the law. They contribute to the defense of the rights and the promotion of the professional, economic and social interests of their members.
ARTICLE 10
International relations
Romania maintains and develops peaceful relations with all states and, within this framework, good neighborly relations, based on the principles and other generally accepted norms of international law.
ARTICLE 11
International law and domestic law
(1) The Romanian State undertakes to fulfill exactly and in good faith the obligations arising from the treaties to which it is a party.
(2) Treaties ratified by Parliament, according to the law, are part of domestic law.
(3) If a treaty to which Romania is to become a party contains provisions contrary to the Constitution, its ratification may take place only after the revision of the Constitution.
ARTICLE 12
National symbols
(1) The flag of Romania is tricolor; the colors are arranged vertically, in the following order starting from the lance: blue, yellow, red.
(2) Romania's National Day is December 1st.
(3) The national anthem of Romania is "Wake up, Romanian".
(4) The coat of arms of the country and the state seal are established by organic laws.
ARTICLE 13
Official language
In Romania, the official language is Romanian.
ARTICLE 14
Capital
The capital of Romania is Bucharest.
TITLE II Fundamental rights, freedoms and duties
CHAPTER I Common provisions
ARTICLE 15
Universality
(1) Citizens benefit from the rights and freedoms enshrined in the Constitution and other laws and have the obligations provided for therein.
(2) The law only provides for the future, with the exception of more favorable criminal or contravention law.
ARTICLE 16
Equality in rights
(1) Citizens are equal before the law and public authorities, without privileges and without discrimination.
(2) No one is above the law.
(3) Public positions and dignities, civil or military, may be held, under the conditions of the law, by persons who have Romanian citizenship and reside in the country. The Romanian State guarantees equal opportunities between women and men for the holding of these positions and dignities.
(4) Under the conditions of Romania's accession to the European Union, Union citizens who meet the requirements of the organic law have the right to elect and be elected to local public administration authorities.
ARTICLE 17
Romanian citizens abroad
Romanian citizens enjoy the protection of the Romanian state abroad and must fulfill their obligations, except for those that are not compatible with their absence from the country.
ARTICLE 18
Foreign citizens and stateless persons
(1) Foreign citizens and stateless persons residing in Romania enjoy the general protection of persons and property, guaranteed by the Constitution and other laws.
(2) The right to asylum is granted and withdrawn under the terms of the law, in compliance with the treaties and international conventions to which Romania is a party.
ARTICLE 19
Extradition and expulsion
(1) The Romanian citizen cannot be extradited or expelled from Romania.
(2) By way of derogation from the provisions of paragraph (1), Romanian citizens may be extradited based on international conventions to which Romania is a party, under the conditions of the law and on the basis of reciprocity.
(3) Foreign citizens and stateless persons may be extradited only on the basis of an international convention or under conditions of reciprocity.
(4) Expulsion or extradition shall be decided by the courts.
ARTICLE 20
International human rights treaties
(1) The constitutional provisions regarding the rights and freedoms of citizens shall be interpreted and applied in accordance with the Universal Declaration of Human Rights, the covenants and other treaties to which Romania is a party.
(2) If there are inconsistencies between the pacts and treaties regarding fundamental human rights, to which Romania is a party, and the internal laws, the international regulations have priority, except in the case where the Constitution or the internal laws contain more favorable provisions.
ARTICLE 21
Free access to justice
(1) Any person may address the courts to defend his or her rights, freedoms and legitimate interests.
(2) No law may restrict the exercise of this right.
(3) The parties have the right to a fair trial and to have their cases resolved within a reasonable time.
(4) Special administrative jurisdictions are optional and free of charge.
CHAPTER II Fundamental rights and freedoms
ARTICLE 22
The right to life and to physical and mental integrity
(1) The right to life, as well as the right to physical and mental integrity of the person, are guaranteed.
(2) No one may be subjected to torture or any other kind of inhuman or degrading punishment or treatment.
(3) The death penalty is prohibited.
ARTICLE 23
Individual freedom
(1) Individual freedom and personal security are inviolable.
(2) The search, detention or arrest of a person is permitted only in the cases and with the procedure provided for by law.
(3) Detention may not exceed 24 hours.
(4) Pre-trial detention shall be ordered by the judge and only during the criminal trial.
(5) During the criminal investigation, preventive arrest may be ordered for a maximum of 30 days and may be extended by a maximum of 30 days, without the total duration exceeding a reasonable term, and no more than 180 days.
(6) During the trial phase, the court is obliged, under the terms of the law, to periodically verify, and no later than 60 days, the legality and grounds of the preventive arrest and to immediately order the release of the defendant, if the grounds that determined the preventive arrest have ceased or if the court finds that there are no new grounds that justify maintaining the deprivation of liberty.
(7) The court's decisions regarding the measure of preventive arrest are subject to appeals provided by law.
(8) The detained or arrested person shall be informed immediately, in a language he understands, of the reasons for the detention or arrest, and of the accusation, as soon as possible; the accusation shall be informed only in the presence of a lawyer, chosen or appointed ex officio.
(9) The release of the detained or arrested person is mandatory if the reasons for these measures have disappeared, as well as in other situations provided for by law.
(10) The person arrested on remand has the right to request his/her provisional release, under judicial control or on bail.
(11) Until the final judgment of conviction is rendered, the person is considered innocent.
(12) No punishment may be established or applied except under the conditions and on the basis of the law.
(13) The penalty of deprivation of liberty can only be of a criminal nature.
ARTICLE 24
The right to defense
(1) The right to defense is guaranteed.
(2) Throughout the trial, the parties have the right to be assisted by a lawyer, chosen or appointed ex officio.
ARTICLE 25
Free movement
(1) The right to free movement, within the country and abroad, is guaranteed. The law establishes the conditions for the exercise of this right.
(2) Every citizen is guaranteed the right to establish his domicile or residence in any locality in the country, to emigrate, as well as to return to the country.
ARTICLE 26
Intimate, family and private life
(1) Public authorities respect and protect intimate, family and private life.
(2) A natural person has the right to dispose of himself, if he does not violate the rights and freedoms of others, public order or good morals.
ARTICLE 27
Inviolability of the domicile
(1) The domicile and residence are inviolable. No one may enter or remain in the domicile or residence of a person without his consent.
(2) The provisions of paragraph (1) may be derogated from by law for the following situations:
a) execution of an arrest warrant or a court decision;
b) removing a danger to the life, physical integrity or property of a person;
c) the defense of national security or public order;
d) preventing the spread of an epidemic.
(3) The search shall be ordered by the judge and shall be carried out under the conditions and in the forms provided for by law.
(4) Searches at night are prohibited, except in the case of flagrant crimes.
ARTICLE 28
The secret of correspondence
The secrecy of letters, telegrams, other postal items, telephone conversations and other legal means of communication is inviolable.
ARTICLE 29
Freedom of conscience
(1) Freedom of thought and opinion, as well as freedom of religious beliefs, may not be restricted in any way. No one may be compelled to adopt an opinion or adhere to a religious belief contrary to his convictions.
(2) Freedom of conscience is guaranteed; it must be manifested in a spirit of tolerance and mutual respect.
(3) Religious denominations are free and are organized according to their own statutes, under the conditions of the law.
(4) In relations between religions, any forms, means, acts or actions of religious enmity are prohibited.
(5) Religious denominations are autonomous from the state and enjoy its support, including by facilitating religious assistance in the army, hospitals, prisons, nursing homes and orphanages.
(6) Parents or guardians have the right to ensure, according to their own convictions, the education of minor children for whom they are responsible.
ARTICLE 30
Freedom of expression
(1) Freedom of expression of thoughts, opinions or beliefs and freedom of creations of any kind, whether orally, in writing, in images, in sounds or by other means of public communication, are inviolable.
(2) Censorship of any kind is prohibited.
(3) Freedom of the press also implies the freedom to establish publications.
(4) No publication may be suppressed.
(5) The law may impose on the mass media the obligation to make public the source of funding.
(6) Freedom of expression cannot prejudice a person's dignity, honor, private life, nor the right to one's own image.
(7) Defamation of the country and the nation, incitement to war of aggression, to national, racial, class or religious hatred, incitement to discrimination, territorial separatism or public violence, as well as obscene manifestations contrary to good morals, are prohibited by law.
(8) Civil liability for information or creation brought to public knowledge rests with the publisher or producer, the author, the organizer of the artistic manifestation, the owner of the means of multiplication, the radio or television station, under the conditions of the law. Press crimes are established by law.
ARTICLE 31
The right to information
(1) The right of a person to have access to any information of public interest may not be restricted.
(2) Public authorities, according to their competences, are obliged to ensure correct information to citizens on public affairs and on issues of personal interest.
(3) The right to information must not prejudice measures to protect young people or national security.
(4) The mass media, both public and private, are obliged to ensure the correct information of public opinion.
(5) Public radio and television services are autonomous. They must guarantee important social and political groups the right to access the airwaves. The organization of these services and parliamentary control over their activities shall be regulated by organic law.
ARTICLE 32
The right to education
(1) The right to education is ensured through compulsory general education, high school and vocational education, higher education, as well as through other forms of instruction and improvement.
(2) Education at all levels shall be conducted in Romanian. Under the terms of the law, education may also be conducted in an internationally spoken language.
(3) The right of persons belonging to national minorities to learn their mother tongue and the right to be educated in this language are guaranteed; the modalities for exercising these rights are established by law.
(4) State education is free, according to the law. The state grants social scholarships to children and young people from disadvantaged families and to those institutionalized, under the conditions of the law.
(5) Education at all levels is carried out in state, private and denominational units, under the conditions of the law.
(6) University autonomy is guaranteed.
(7) The State ensures freedom of religious education, according to the specific requirements of each religion. In state schools, religious education is organized and guaranteed by law.
ARTICLE 33
Access to culture
(1) Access to culture is guaranteed, under the terms of the law.
(2) The freedom of the person to develop his or her spirituality and to access the values of national and universal culture cannot be restricted.
(3) The state must ensure the preservation of spiritual identity, support for national culture, stimulate the arts, protect and preserve cultural heritage, develop contemporary creativity, and promote Romania's cultural and artistic values in the world.
ARTICLE 34
The right to health protection
(1) The right to health protection is guaranteed.
(2) The state is obliged to take measures to ensure hygiene and public health.
(3) The organization of medical assistance and the social insurance system for illness, accidents, maternity and recovery, the control of the exercise of medical professions and paramedical activities, as well as other measures to protect the physical and mental health of the person shall be established according to the law.
ARTICLE 35
The right to a healthy environment
(1) The State recognizes the right of every person to a healthy and ecologically balanced environment.
(2) The State shall ensure the legislative framework for the exercise of this right.
(3) Natural and legal persons have the duty to protect and improve the environment.
ARTICLE 36
The right to vote
(1) Citizens have the right to vote from the age of 18, up to and including election day.
(2) The mentally ill or insane, those placed under interdiction, and persons sentenced, by final court decision, to the loss of electoral rights, do not have the right to vote.
ARTICLE 37
The right to be elected
(1) Citizens with the right to vote who meet the conditions set out in Article 16, paragraph (3), have the right to be elected, unless they are prohibited from associating with political parties, according to Article 40, paragraph (3).
(2) Candidates must be at least 23 years old, by election day inclusive, to be elected to the Chamber of Deputies or to local public administration bodies, at least 33 years old to be elected to the Senate and at least 35 years old to be elected to the position of President of Romania.
ARTICLE 38
The right to be elected to the European Parliament
Under the conditions of Romania's accession to the European Union, Romanian citizens have the right to vote and be elected to the European Parliament.
ARTICLE 39
Freedom of assembly
Rallies, demonstrations, processions or any other gatherings are free and can only be organized and held peacefully, without any weapons.
ARTICLE 40
The right of association
(1) Citizens may freely associate in political parties, trade unions, employers' associations and other forms of association.
(2) Parties or organizations which, through their goals or activity, campaign against political pluralism, the principles of the rule of law or the sovereignty, integrity or independence of Romania are unconstitutional.
(3) Judges of the Constitutional Court, ombudsmen, magistrates, active members of the army, police officers and other categories of civil servants established by organic law may not be members of political parties.
(4) Secret associations are prohibited.
ARTICLE 41
Work and social protection of labor
(1) The right to work may not be restricted. The choice of profession, trade or occupation, as well as the place of work, is free.
(2) Employees have the right to social protection measures. These concern the security and health of employees, the working regime of women and young people, the establishment of a minimum gross salary in the country, weekly rest, paid vacation, the performance of work under special or exceptional conditions, professional training, as well as other specific situations established by law.
(3) The normal duration of the working day is, on average, no more than 8 hours.
(4) For equal work, women have equal pay with men.
(5) The right to collective bargaining in labor matters and the binding nature of collective agreements are guaranteed.
ARTICLE 42
Prohibition of forced labor
(1) Forced labor is prohibited.
(2) The following shall not constitute forced labor:
a) activities for the fulfillment of military duties, as well as those carried out, according to the law, instead of them, for religious or conscientious reasons;
b) work of a convicted person, performed under normal conditions, during the period of detention or conditional release;
c) the benefits imposed in the situation created by disasters or other danger, as well as those that are part of the normal civil obligations established by law.
ARTICLE 43
The right to strike
(1) Employees have the right to strike to defend their professional, economic and social interests.
(2) The law establishes the conditions and limits for the exercise of this right, as well as the guarantees necessary to ensure essential services for society.
ARTICLE 44
Private property rights
(1) The right to property, as well as claims on the state, are guaranteed. The content and limits of these rights are established by law.
(2) Private property is guaranteed and protected equally by law, regardless of the holder. Foreign citizens and stateless persons may acquire the right to private property over land only under the conditions resulting from Romania's accession to the European Union and from other international treaties to which Romania is a party, on the basis of reciprocity, under the conditions provided for by organic law, as well as by legal inheritance.
(3) No one may be expropriated except for a cause of public utility, established according to law, with fair and prior compensation.
(4) Nationalization or any other measures of forced transfer into public ownership of assets based on the social, ethnic, religious, political or other discriminatory affiliation of the owners are prohibited.
(5) For works of general interest, the public authority may use the subsoil of any real estate property, with the obligation to compensate the owner for damages caused to the soil, plantations or constructions, as well as for other damages attributable to the authority.
(6) The compensations provided for in paragraphs (3) and (5) shall be established by mutual agreement with the owner or, in case of disagreement, by the courts.
(7) The right of ownership obliges to comply with the duties regarding environmental protection and ensuring good neighborliness, as well as to comply with the other duties that, according to law or custom, are incumbent on the owner.
(8) Property acquired lawfully may not be confiscated. The lawful nature of the acquisition shall be presumed.
(9) Goods intended for, used in or resulting from crimes or misdemeanors may be confiscated only under the terms of the law.
ARTICLE 45
Economic freedom
The person's free access to an economic activity, free initiative and their exercise under the conditions of the law are guaranteed.
ARTICLE 46
The right to inheritance
The right to inheritance is guaranteed.
ARTICLE 47
Standard of living
(1) The state is obliged to take economic development and social protection measures, such as to ensure a decent standard of living for its citizens.
(2) Citizens have the right to pension, paid maternity leave, medical assistance in state health units, unemployment benefit and other forms of public or private social insurance, provided by law. Citizens also have the right to social assistance measures, according to the law.
ARTICLE 48
Family
(1) The family is based on freely consented marriage between spouses, on their equality and on the right and duty of parents to ensure the upbringing, education and training of children.
(2) The conditions for the conclusion, dissolution and nullity of marriage shall be established by law. Religious marriage may be celebrated only after civil marriage.
(3) Children born out of wedlock are equal before the law to those born in wedlock.
ARTICLE 49
Protection of children and young people
(1) Children and young people enjoy a special regime of protection and assistance in the realization of their rights.
(2) The state grants child allowances and assistance for the care of sick or disabled children. Other forms of social protection of children and young people shall be established by law.
(3) The exploitation of minors, their use in activities that would harm their health, morality or that would endanger their life or normal development are prohibited.
(4) Minors under the age of 15 may not be employed as employees.
(5) Public authorities have the obligation to contribute to ensuring the conditions for the free participation of young people in the political, social, economic, cultural and sporting life of the country.
ARTICLE 50
Protection of people with disabilities
Persons with disabilities enjoy special protection. The State ensures the implementation of a national policy of equal opportunities, prevention and treatment of disability, with a view to the effective participation of persons with disabilities in community life, respecting the rights and duties of parents and guardians.
ARTICLE 51
The right to petition
(1) Citizens have the right to address public authorities through petitions formulated only in the name of the signatories.
(2) Legally established organizations have the right to address petitions exclusively on behalf of the collectives they represent.
(3) The exercise of the right to petition is exempt from tax.
(4) Public authorities are obliged to respond to petitions within the terms and conditions established by law.
ARTICLE 52
The right of the person injured by a public authority
(1) A person injured in a right or in a legitimate interest by a public authority, through an administrative act or by the failure to resolve a request within the legal term, is entitled to obtain recognition of the claimed right or legitimate interest, the annulment of the act and compensation for the damage.
(2) The conditions and limits of the exercise of this right shall be established by organic law.
(3) The State shall be liable patrimonially for damages caused by judicial errors. The liability of the State shall be established under the terms of the law and shall not exclude the liability of magistrates who have exercised their functions in bad faith or with gross negligence.
ARTICLE 53
Restriction of the exercise of certain rights or freedoms
(1) The exercise of certain rights or freedoms may be restricted only by law and only if it is necessary, as the case may be, for: the defense of national security, public order, health or morals, the rights and freedoms of citizens; the conduct of criminal proceedings; the prevention of the consequences of a natural calamity, a disaster or a particularly serious incident.
(2) The restriction may be ordered only if it is necessary in a democratic society. The measure must be proportionate to the situation that determined it, be applied in a non-discriminatory manner and without prejudice to the existence of the right or freedom.
CHAPTER III Fundamental Duties
ARTICLE 54
Loyalty to the country
(1) Loyalty to the country is sacred.
(2) Citizens entrusted with public functions, as well as military personnel, are responsible for faithfully fulfilling their obligations and, to this end, shall take the oath required by law.
ARTICLE 55
Defending the country
(1) Citizens have the right and the obligation to defend Romania.
(2) The conditions regarding the performance of military duties are established by organic law.
(3) Citizens may be incorporated from the age of 20 to the age of 35, except for volunteers, under the conditions of the organic law.
ARTICLE 56
Financial contributions
(1) Citizens have the obligation to contribute, through taxes and fees, to public expenditures.
(2) The legal taxation system must ensure the fair allocation of fiscal burdens.
(3) Any other benefits are prohibited, except those established by law, in exceptional situations.
ARTICLE 57
Exercise of rights and freedoms
Romanian citizens, foreign citizens and stateless persons must exercise their constitutional rights and freedoms in good faith, without violating the rights and freedoms of others.
CHAPTER IV The People's Advocate
ARTICLE 58
Appointment and role
(1) The People's Advocate is appointed for a period of 5 years to defend the rights and freedoms of individuals. The People's Advocate's deputies are specialized in fields of activity.
(2) The People's Advocate and his deputies may not perform any other public or private function, except for teaching functions in higher education.
(3) The organization and functioning of the People's Advocate institution are established by organic law.
ARTICLE 59
Exercise of powers
(1) The People's Advocate exercises his or her powers ex officio or at the request of persons whose rights and freedoms have been violated, within the limits established by law.
(2) Public authorities are obliged to provide the Ombudsman with the necessary support in the exercise of his or her duties.
ARTICLE 60
The report before Parliament
The Ombudsman shall submit reports to the two Chambers of Parliament, annually or at their request. The reports may contain recommendations regarding legislation or other measures for the protection of citizens' rights and freedoms.
TITLE III Public authorities
CHAPTER I Parliament
SECTION 1 Organization and operation
ARTICLE 61
Role and structure
(1) Parliament is the supreme representative body of the Romanian people and the sole legislative authority of the country.
(2) Parliament is composed of the Chamber of Deputies and the Senate.
ARTICLE 62
Choosing Rooms
(1) The Chamber of Deputies and the Senate are elected by universal, equal, direct, secret and freely expressed vote, according to the electoral law.
(2) Citizens' organizations belonging to national minorities, which do not gather the number of votes in the elections to be represented in Parliament, shall have the right to one deputy seat, under the conditions of the electoral law. Citizens of a national minority may be represented by only one organization.
(3) The number of deputies and senators is established by the electoral law, in relation to the country's population.
ARTICLE 63
Term of office
(1) The Chamber of Deputies and the Senate are elected for a 4-year term, which is extended by law in a state of mobilization, war, siege or emergency, until their termination.
(2) The elections for the Chamber of Deputies and the Senate shall be held no later than 3 months after the expiration of the mandate or the dissolution of the Parliament.
(3) The newly elected Parliament shall meet, upon convocation by the President of Romania, no later than 20 days after the elections.
(4) The mandate of the Chambers shall be extended until the legal convocation of the new Parliament. During this period, the Constitution may not be revised and organic laws may not be adopted, amended or repealed.
(5) Draft laws or legislative proposals included on the agenda of the previous Parliament shall continue their procedure in the new Parliament.
ARTICLE 64
Internal organization
(1) The organization and functioning of each Chamber shall be established by its own regulations. The financial resources of the Chambers shall be provided for in the budgets approved by them.
(2) Each Chamber shall elect a permanent bureau. The President of the Chamber of Deputies and the President of the Senate shall be elected for the duration of the Chambers' term of office. The other members of the permanent bureaus shall be elected at the beginning of each session. The members of the permanent bureaus may be dismissed before the end of their term of office.
(3) Deputies and senators may organize themselves into parliamentary groups, according to the regulations of each Chamber.
(4) Each Chamber shall establish its own standing committees and may establish committees of inquiry or other special committees. The Chambers may establish joint committees.
(5) The permanent bureaus and parliamentary committees are formed according to the political configuration of each Chamber.
ARTICLE 65
Chamber meetings
(1) The Chamber of Deputies and the Senate shall work in separate sessions.
(2) The chambers also carry out their work in joint sessions, according to a regulation adopted by the vote of the majority of deputies and senators, for:
a) receiving the message of the President of Romania;
b) approval of the state budget and the state social insurance budget;
c) declaration of total or partial mobilization;
d) declaration of a state of war;
e) suspension or cessation of military hostilities;
f) approval of the country's national defense strategy;
g) examining the reports of the Supreme Council of National Defense;
h) appointing, upon the proposal of the President of Romania, the directors of the intelligence services and exercising control over the activity of these services;
i) appointment of the People's Advocate;
j) establishing the status of deputies and senators, establishing their allowance and other rights;
k) fulfilling other duties that, according to the Constitution or regulations, are exercised in the joint meeting.
ARTICLE 66
session
(1) The Chamber of Deputies and the Senate shall meet in two ordinary sessions per year. The first session shall begin in February and shall not exceed the end of June. The second session shall begin in September and shall not exceed the end of December.
(2) The Chamber of Deputies and the Senate shall also meet in extraordinary sessions, at the request of the President of Romania, of the permanent bureau of each Chamber or of at least one third of the number of deputies or senators.
(3) The convening of the Chambers is done by their presidents.
ARTICLE 67
Legal acts and legal quorum
The Chamber of Deputies and the Senate adopt laws, decisions and motions, in the presence of the majority of members.
ARTICLE 68
Public nature of meetings
(1) The sessions of the two Chambers are public.
(2) The chambers may decide that certain sessions shall be secret.
SECTION 2 Statute of Deputies and Senators
ARTICLE 69
Representative mandate
(1) In exercising their mandate, deputies and senators are at the service of the people.
(2) Any imperative mandate is null and void.
ARTICLE 70
The mandate of deputies and senators
(1) Deputies and senators shall enter into office on the date of the legal meeting of the Chamber of which they are a member, subject to the validation of their election and the taking of the oath. The oath shall be established by organic law.
(2) The capacity of deputy or senator shall cease on the date of the legal meeting of the newly elected Chambers or in case of resignation, loss of electoral rights, incompatibility or death.
ARTICLE 71
incompatibility
(1) No one may be, at the same time, a deputy and a senator.
(2) The capacity of deputy or senator is incompatible with the exercise of any public office of authority, except that of member of the Government.
(3) Other incompatibilities shall be established by organic law.
ARTICLE 72
Parliamentary immunity
(1) Deputies and senators cannot be held legally liable for votes or political opinions expressed in the exercise of their mandate.
(2) Deputies and senators may be prosecuted and sent to criminal trial for acts unrelated to their votes or political opinions expressed in the exercise of their mandate, but they may not be searched, detained or arrested without the consent of the Chamber to which they belong, after hearing them. The prosecution and sending to criminal trial may be carried out only by the Prosecutor's Office attached to the High Court of Cassation and Justice. The jurisdiction of the trial belongs to the High Court of Cassation and Justice.
(3) In the event of flagrant offense, deputies or senators may be detained and subjected to a search. The Minister of Justice shall immediately inform the President of the Chamber of Detention and Search. If the Chamber, upon being notified, finds that there are no grounds for detention, it shall immediately order the revocation of this measure.
SECTION 3 Legislation
ARTICLE 73
Categories of laws
(1) Parliament adopts constitutional laws, organic laws and ordinary laws.
(2) Constitutional laws are those revising the Constitution.
(3) The following shall be regulated by organic law:
a) the electoral system; the organization and functioning of the Permanent Electoral Authority;
b) the organization, functioning and financing of political parties;
c) the status of deputies and senators, the establishment of their allowance and other rights;
d) organization and conduct of the referendum;
e) the organization of the Government and the Supreme Council for National Defense;
f) the regime of partial or total mobilization of the armed forces and the state of war;
g) the regime of the state of siege and the state of emergency;
h) crimes, punishments and their execution regime;
i) granting amnesty or collective pardon;
j) the status of civil servants;
k) administrative litigation;
l) the organization and functioning of the Superior Council of Magistracy, the courts, the Public Ministry and the Court of Accounts;
m) the general legal regime of property and inheritance;
n) general organization of education;
o) the organization of local public administration, of the territory, as well as the general regime regarding local autonomy;
p) the general regime regarding employment relationships, trade unions, employers' associations and social protection;
r) the status of national minorities in Romania;
s) the general regime of religions;
t) the other areas for which the Constitution provides for the adoption of organic laws.
ARTICLE 74
Legislative initiative
(1) The legislative initiative belongs, as the case may be, to the Government, to the deputies, to the senators or to a number of at least 100,000 citizens with the right to vote. The citizens who exercise their right to the legislative initiative must come from at least a quarter of the counties of the country, and in each of these counties, respectively in the municipality of Bucharest, at least 5,000 signatures must be registered in support of this initiative.
(2) Fiscal issues, those of an international nature, amnesty and pardon may not be the subject of citizens' legislative initiative.
(3) The Government exercises its legislative initiative by transmitting the draft law to the Chamber competent to adopt it, as the first Chamber notified.
(4) Deputies, senators and citizens who exercise the right to legislative initiative may submit legislative proposals only in the form required for draft laws.
(5) Legislative proposals shall be first debated by the Chamber competent to adopt them, as the first Chamber notified.
ARTICLE 75
Notification to the Chambers
(1) The Chamber of Deputies, as the first Chamber to be notified, shall be submitted for debate and adoption the draft laws and legislative proposals for the ratification of treaties or other international agreements and of the legislative measures resulting from the application of such treaties or agreements, as well as the draft organic laws provided for in Article 31, paragraph (5), Article 40, paragraph (3), Article 55, paragraph (2), Article 58, paragraph (3), Article 73, paragraph (3) letters e), k), l), n), o), Article 79, paragraph (2), Article 102, paragraph (3), Article 105, paragraph (2), Article 117, paragraph (3), Article 118, paragraphs (2) and (3), Article 120, paragraph (2), Article 126, paragraphs (4) and (5) and Article 142, paragraph (5). The other draft laws or legislative proposals shall be submitted for debate and adoption, as the first Chamber to be notified, to the Senate.
(2) The first Chamber notified shall rule within 45 days. For codes and other laws of particular complexity, the term is 60 days. In case of exceeding these terms, the draft laws or legislative proposals shall be considered to have been adopted.
(3) After adoption or rejection by the first notified Chamber, the draft or legislative proposal shall be sent to the other Chamber, which shall make the final decision.
(4) If the first Chamber referred to adopts a provision which, according to paragraph (1), falls within its decision-making competence, the provision shall be definitively adopted if the second Chamber also agrees. Otherwise, only for that provision, the law shall return to the first Chamber referred to, which shall decide definitively in the urgent procedure.
(5) The provisions of paragraph (4) regarding the reversal of the law shall apply accordingly also in the event that the decision-making Chamber adopts a provision for which the decision-making competence belongs to the first Chamber.
ARTICLE 76
Adoption of laws and decisions
(1) Organic laws and decisions regarding the regulations of the Chambers shall be adopted by the vote of the majority of the members of each Chamber.
(2) Ordinary laws and resolutions shall be adopted by the vote of the majority of the members present in each Chamber.
(3) At the request of the Government or on its own initiative, Parliament may adopt draft laws or legislative proposals with the emergency procedure, established according to the rules of procedure of each Chamber.
ARTICLE 77
Enactment of the law
(1) The law shall be sent to the President of Romania for promulgation. The law shall be promulgated within a maximum period of 20 days from receipt.
(2) Before promulgation, the President may request Parliament, once only, to re-examine the law.
(3) If the President has requested the re-examination of the law or if a verification of its constitutionality has been requested, the law shall be promulgated no later than 10 days from the receipt of the law adopted after the re-examination or from the receipt of the decision of the Constitutional Court, confirming its constitutionality.
ARTICLE 78
Entry into force of the law
The law is published in the Official Gazette of Romania and enters into force 3 days from the date of publication or on a later date provided for in its text.
ARTICLE 79
Legislative Council
(1) The Legislative Council is a specialized consultative body of the Parliament, which approves draft normative acts with a view to systematizing, unifying and coordinating all legislation. It keeps the official record of Romanian legislation.
(2) The establishment, organization and functioning of the Legislative Council are established by organic law.
CHAPTER II The President of Romania
ARTICLE 80
The Role of the President
(1) The President of Romania represents the Romanian state and is the guarantor of the national independence, unity and territorial integrity of the country.
(2) The President of Romania shall ensure compliance with the Constitution and the proper functioning of public authorities. To this end, the President shall exercise the function of mediation between the powers of the state, as well as between the state and society.
ARTICLE 81
Election of the President
(1) The President of Romania is elected by universal, equal, direct, secret and freely expressed vote.
(2) The candidate who obtained, in the first round of voting, the majority of votes of the voters registered on the electoral lists is declared elected.
(3) If none of the candidates has obtained this majority, a second round of voting shall be held between the first two candidates determined in order of the number of votes obtained in the first round. The candidate who obtained the highest number of votes shall be declared elected.
(4) No person may hold the office of President of Romania for more than two terms. These may also be consecutive.
ARTICLE 82
Validation of the mandate and taking the oath
(1) The result of the elections for the position of President of Romania is validated by the Constitutional Court.
(2) The candidate whose election has been validated shall take the following oath before the Chamber of Deputies and the Senate, in joint session:
"I swear to devote all my strength and skill to the spiritual and material prosperity of the Romanian people, to respect the Constitution and the laws of the country, to defend democracy, the fundamental rights and freedoms of citizens, the sovereignty, independence, unity and territorial integrity of Romania. So help me God!".
ARTICLE 83
Term of office
(1) The term of office of the President of Romania is 5 years and begins on the date of taking the oath.
(2) The President of Romania shall exercise his mandate until the oath is taken by the newly elected President.
(3) The mandate of the President of Romania may be extended, by organic law, in case of war or catastrophe.
ARTICLE 84
Incompatibilities and immunities
(1) During his term of office, the President of Romania may not be a member of a party and may not perform any other public or private function.
(2) The President of Romania shall enjoy immunity. The provisions of Article 72, paragraph (1) shall apply accordingly.
ARTICLE 85
Appointment of the Government
(1) The President of Romania designates a candidate for the position of Prime Minister and appoints the Government based on the vote of confidence granted by Parliament.
(2) In the event of a government reshuffle or vacancy, the President shall revoke and appoint, upon the proposal of the Prime Minister, some members of the Government.
(3) If the reshuffle proposal changes the structure or political composition of the Government, the President of Romania will be able to exercise the attribution provided for in paragraph (2) only on the basis of the approval of Parliament, granted upon the proposal of the Prime Minister.
ARTICLE 86
Government consultation
The President of Romania may consult the Government on urgent and particularly important issues.
ARTICLE 87
Participation in Government meetings
(1) The President of Romania may take part in Government meetings in which issues of national interest regarding foreign policy, the country's defense, ensuring public order and, at the request of the Prime Minister, in other situations are debated.
(2) The President of Romania chairs the Government meetings in which he participates.
ARTICLE 88
Posts
The President of Romania addresses messages to Parliament regarding the nation's main political issues.
ARTICLE 89
Dissolution of Parliament
(1) After consulting the presidents of the two Chambers and the leaders of the parliamentary groups, the President of Romania may dissolve the Parliament, if it has not granted the vote of confidence for the formation of the Government within 60 days from the first request and only after rejecting at least two requests for investiture.
(2) During a year, Parliament may be dissolved only once.
(3) Parliament may not be dissolved during the last 6 months of the mandate of the President of Romania, nor during a state of mobilization, war, siege or emergency.
ARTICLE 90
referendum
The President of Romania, after consulting Parliament, may ask the people to express their will, through a referendum, on issues of national interest.
ARTICLE 91
Responsibilities in the field of foreign policy
(1) The President shall conclude international treaties on behalf of Romania, negotiated by the Government, and submit them to Parliament for ratification, within a reasonable period of time. Other international treaties and agreements shall be concluded, approved or ratified according to the procedure established by law.
(2) The President, upon the proposal of the Government, accredits and recalls the diplomatic representatives of Romania and approves the establishment, dissolution or change of rank of diplomatic missions.
(3) Diplomatic representatives of other states are accredited to the President of Romania.
ARTICLE 92
Defense responsibilities
(1) The President of Romania is the commander of the armed forces and performs the function of president of the Supreme Council for the Defense of the Country.
(2) He may declare, with the prior approval of Parliament, the partial or total mobilization of the armed forces. Only in exceptional cases, the President's decision shall be subsequently subject to the approval of Parliament, within 5 days at the latest from its adoption.
(3) In the event of armed aggression against the country, the President of Romania shall take measures to repel the aggression and shall immediately inform Parliament of them, by means of a message. If Parliament is not in session, it shall convene itself by right within 24 hours of the outbreak of the aggression.
(4) In case of mobilization or war, Parliament continues its activity throughout these states, and if it is not in session, it is convened by right within 24 hours of their declaration.
ARTICLE 93
Exceptional measures
(1) The President of Romania shall, according to the law, institute a state of siege or a state of emergency throughout the country or in some administrative-territorial units and shall request Parliament to approve the adopted measure, within 5 days at most from its adoption.
(2) If Parliament is not in session, it shall convene by right within 48 hours of the establishment of the state of siege or state of emergency and shall function throughout their duration.
ARTICLE 94
Other duties
The President of Romania also fulfills the following duties:
a) confers decorations and honorary titles;
b) grants the ranks of marshal, general and admiral;
c) appoints to public positions, under the conditions provided by law;
d) grants individual pardons.
ARTICLE 95
Suspension from office
(1) In the event of committing serious acts that violate the provisions of the Constitution, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in a joint session, by the vote of the majority of the deputies and senators, after consulting the Constitutional Court. The President may give explanations to Parliament regarding the acts imputed to him.
(2) The proposal for suspension from office may be initiated by at least one third of the number of deputies and senators and shall be brought to the attention of the President without delay.
(3) If the proposal for suspension from office is approved, a referendum for the dismissal of the President shall be organized within 30 days at most.
ARTICLE 96
Impeachment
(1) The Chamber of Deputies and the Senate, in joint session, with the vote of at least two-thirds of the number of deputies and senators, may decide to impeach the President of Romania for high treason.
(2) The proposal for impeachment may be initiated by the majority of deputies and senators and shall be brought, without delay, to the attention of the President of Romania so that he may give explanations regarding the acts he is accused of.
(3) From the date of indictment until the date of dismissal, the President is suspended by law.
(4) The jurisdiction of the High Court of Cassation and Justice belongs to the President. The President is dismissed by law on the date the conviction becomes final.
ARTICLE 97
Job vacancy
(1) The vacancy of the position of President of Romania occurs in the event of resignation, dismissal from office, definitive impossibility of exercising his duties or death.
(2) Within 3 months from the date on which the vacancy of the office of President of Romania occurred, the Government shall organize elections for a new President.
ARTICLE 98
Interim position
(1) If the position of President becomes vacant or if the President is suspended from office or if he is temporarily unable to exercise his duties, the interim position shall be ensured, in order, by the President of the Senate or by the President of the Chamber of Deputies.
(2) The powers provided for in Articles 88-90 may not be exercised during the interim period of the presidential office.
ARTICLE 99
Responsibility of the interim president
If the person who acts as interim President of Romania commits serious acts that violate the provisions of the Constitution, Article 95 and Article 98 shall apply.
ARTICLE 100
The President's Acts
(1) In the exercise of his or her powers, the President of Romania issues decrees which are published in the Official Gazette of Romania. Failure to publish them shall render the decree null and void.
(2) The decrees issued by the President of Romania in the exercise of his powers provided for in Article 91 paragraphs (1) and (2), Article 92 paragraphs (2) and (3), Article 93 paragraph (1) and Article 94 letters a), b) and d) shall be countersigned by the Prime Minister.
ARTICLE 101
Compensation and other rights
The compensation and other rights of the President of Romania are established by law.
CHAPTER III Government
ARTICLE 102
Role and structure
(1) The Government, according to its governing program accepted by Parliament, ensures the implementation of the country's internal and foreign policy and exercises the general management of the public administration.
(2) In fulfilling its duties, the Government cooperates with interested social bodies.
(3) The Government is composed of the Prime Minister, ministers and other members established by organic law.
ARTICLE 103
Investiture
(1) The President of Romania shall designate a candidate for the position of Prime Minister, following consultation with the party that has the absolute majority in Parliament or, if there is no such majority, with the parties represented in Parliament.
(2) The candidate for the position of Prime Minister shall request, within 10 days of designation, a vote of confidence from Parliament on the program and the entire list of the Government.
(3) The Government's program and list shall be debated by the Chamber of Deputies and the Senate, in a joint session. Parliament grants confidence to the Government with the vote of the majority of the Deputies and Senators.
ARTICLE 104
The oath of allegiance
(1) The Prime Minister, the ministers and the other members of the Government shall individually take the oath referred to in Article 82 before the President of Romania.
(2) The Government as a whole and each member shall exercise their mandate, starting from the date of taking the oath.
ARTICLE 105
incompatibility
(1) The position of member of the Government is incompatible with the exercise of any other public office of authority, except that of deputy or senator. It is also incompatible with the exercise of a salaried professional representation position within commercial organizations.
(2) Other incompatibilities shall be established by organic law.
ARTICLE 106
Termination of the position of member of the Government
The office of member of the Government shall cease upon resignation, revocation, loss of electoral rights, incompatibility, death, as well as in other cases provided for by law.
ARTICLE 107
Prime Minister
(1) The Prime Minister shall lead the Government and coordinate the activity of its members, respecting their respective attributions. He shall also present to the Chamber of Deputies or the Senate reports and statements on the Government's policy, which shall be debated with priority.
(2) The President of Romania cannot dismiss the Prime Minister.
(3) If the Prime Minister is in one of the situations provided for in Article 106, except for dismissal, or is unable to exercise his or her powers, the President of Romania shall designate another member of the Government as interim Prime Minister, to carry out the powers of the Prime Minister, until the formation of the new Government. The interim, during the period of inability to exercise his or her powers, shall cease if the Prime Minister resumes his or her activity in the Government.
(4) The provisions of paragraph (3) shall apply accordingly to the other members of the Government, upon the proposal of the Prime Minister, for a period of no more than 45 days.
ARTICLE 108
Government Acts
(1) The Government adopts decisions and ordinances.
(2) Decisions are issued to organize the enforcement of laws.
(3) Ordinances are issued pursuant to a special enabling law, within the limits and under the conditions provided for therein.
(4) The decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the ministers who are obliged to implement them and shall be published in the Official Gazette of Romania. Failure to publish shall entail the non-existence of the decision or ordinance. Decisions of a military nature shall be communicated only to the interested institutions.
ARTICLE 109
Responsibility of Government members
(1) The Government shall be politically accountable only to Parliament for its entire activity. Each member of the Government shall be politically accountable jointly with the other members for the activity of the Government and for its acts.
(2) Only the Chamber of Deputies, the Senate and the President of Romania have the right to request criminal prosecution of members of the Government for acts committed in the exercise of their office. If criminal prosecution has been requested, the President of Romania may order their suspension from office. Referring a member of the Government to court shall entail his suspension from office. The jurisdiction of the court belongs to the High Court of Cassation and Justice.
(3) Cases of liability and penalties applicable to members of the Government are regulated by a law on ministerial liability.
ARTICLE 110
Termination of mandate
(1) The Government shall exercise its mandate until the date of validation of the general parliamentary elections.
(2) The Government is dismissed on the date of withdrawal by Parliament of the confidence granted or if the Prime Minister is in one of the situations provided for in Article 106, except for dismissal, or is unable to exercise his or her powers for more than 45 days.
(3) In the situations provided for in paragraph (2), the provisions of Article 103 shall apply.
(4) The Government whose mandate has ended according to paragraphs (1) and (2) shall only carry out the acts necessary for the administration of public affairs, until the members of the new Government take the oath.
CHAPTER IV Relations between Parliament and the Government
ARTICLE 111
Informing Parliament
(1) The Government and other public administration bodies, within the framework of parliamentary control of their activity, are obliged to present the information and documents requested by the Chamber of Deputies, the Senate or the parliamentary committees, through their chairmen. In the event that a legislative initiative involves the modification of the provisions of the state budget or the state social insurance budget, the request for information is mandatory.
(2) Members of the Government shall have access to the proceedings of Parliament. If their presence is requested, their participation is mandatory.
ARTICLE 112
Questions, interpellations and simple motions
(1) The Government and each of its members are obliged to respond to questions or interpellations formulated by deputies or senators, under the conditions provided for by the regulations of the two Chambers of Parliament.
(2) The Chamber of Deputies or the Senate may adopt a simple motion to express its position on a domestic or foreign policy issue or, as the case may be, on an issue that has been the subject of an interpellation.
ARTICLE 113
The motion of censure
(1) The Chamber of Deputies and the Senate, in joint session, may withdraw the confidence granted to the Government by adopting a motion of censure, with the vote of the majority of the deputies and senators.
(2) The motion of censure may be initiated by at least one-fourth of the total number of deputies and senators and shall be communicated to the Government on the date of submission.
(3) The motion of censure shall be debated 3 days after the date on which it was presented in the joint session of the two Chambers.
(4) If the motion of censure has been rejected, the deputies and senators who signed it may no longer initiate, in the same session, a new motion of censure, except in the case where the Government assumes liability according to Article 114.
ARTICLE 114
Holding the Government accountable
(1) The Government may be held accountable before the Chamber of Deputies and the Senate, in joint session, for a program, a general policy statement or a draft law.
(2) The Government shall be dismissed if a motion of censure, submitted within 3 days of the presentation of the program, the general policy statement or the draft law, has been voted on under the conditions of Article 113.
(3) If the Government has not been dismissed in accordance with paragraph (2), the draft law presented, modified or supplemented, as the case may be, with amendments accepted by the Government, shall be deemed adopted, and the application of the program or general policy statement shall become binding on the Government.
(4) If the President of Romania requests the re-examination of the law adopted according to paragraph (3), its debate shall take place in the joint session of the two Chambers.
ARTICLE 115
Legislative delegation
(1) Parliament may adopt a special law empowering the Government to issue ordinances in areas not subject to organic laws.
(2) The enabling law shall establish, in a mandatory manner, the scope and date by which ordinances may be issued.
(3) If the enabling law so requires, the ordinances shall be subject to the approval of Parliament, according to the legislative procedure, until the end of the enabling term. Failure to comply with the term shall result in the cessation of the effects of the ordinance.
(4) The Government may adopt emergency ordinances only in extraordinary situations whose regulation cannot be postponed, having the obligation to motivate the urgency in their content.
(5) The emergency ordinance shall enter into force only after its submission for debate in the emergency procedure to the competent Chamber to be notified and after its publication in the Official Gazette of Romania. The Chambers, if not in session, shall be convened within 5 days of submission or, as the case may be, of referral. If, within a maximum period of 30 days from submission, the notified Chamber does not rule on the ordinance, it shall be considered adopted and shall be sent to the other Chamber which shall also decide in the emergency procedure. The emergency ordinance containing norms of the nature of an organic law shall be approved with the majority provided for in Article 76, paragraph (1).
(6) Emergency ordinances cannot be adopted in the field of constitutional laws, cannot affect the regime of the fundamental institutions of the state, the rights, freedoms and duties provided for by the Constitution, electoral rights and cannot concern measures for the forced transfer of goods into public ownership.
(7) The ordinances with which Parliament has been notified shall be approved or rejected by a law which shall also include the ordinances whose effects have ceased according to paragraph (3).
(8) The approval or rejection law will regulate, if applicable, the necessary measures regarding the legal effects produced during the period of application of the ordinance.
CHAPTER V Public administration
SECTION 1 Specialized central public administration
ARTICLE 116
Structure
(1) Ministries are organized only under the subordination of the Government.
(2) Other specialized bodies may be organized under the subordination of the Government or ministries or as autonomous administrative authorities.
ARTICLE 117
Establishing
(1) Ministries are established, organized and operate according to the law.
(2) The Government and the ministries, with the opinion of the Court of Accounts, may establish specialized bodies under their subordination, only if the law recognizes this competence.
(3) Autonomous administrative authorities may be established by organic law.
ARTICLE 118
Armed Forces
(1) The army is subordinated exclusively to the will of the people in order to guarantee the sovereignty, independence and unity of the state, the territorial integrity of the country and constitutional democracy. Under the terms of the law and the international treaties to which Romania is a party, the army contributes to collective defense in military alliance systems and participates in actions regarding the maintenance or restoration of peace.
(2) The structure of the national defense system, the preparation of the population, the economy and the territory for defense, as well as the status of military personnel, shall be established by organic law.
(3) The provisions of paragraphs (1) and (2) shall apply, accordingly, to the other components of the armed forces established according to the law.
(4) The organization of military or paramilitary activities outside a state authority is prohibited.
(5) Foreign troops may enter, station, conduct operations or pass through the territory of Romania only under the conditions of the law or international treaties to which Romania is a party.
ARTICLE 119
Supreme Council of National Defense
The Supreme Council for National Defense organizes and coordinates unitarily the activities concerning the defense of the country and national security, participation in maintaining international security and collective defense in military alliance systems, as well as in actions to maintain or restore peace.
SECTION 2 Local public administration
ARTICLE 120
Basic principles
(1) Public administration in administrative-territorial units is based on the principles of decentralization, local autonomy and deconcentration of public services.
(2) In administrative-territorial units where citizens belonging to a national minority have a significant share, the use of the language of the respective national minority in writing and orally in relations with local public administration authorities and decentralized public services is ensured, under the conditions provided for by the organic law.
ARTICLE 121
Municipal and city authorities
(1) The public administration authorities, through which local autonomy is achieved in communes and cities, are the elected local councils and elected mayors, under the terms of the law.
(2) Local councils and mayors function, under the terms of the law, as autonomous administrative authorities and resolve public affairs in communes and cities.
(3) The authorities provided for in paragraph (1) may also be established in the administrative-territorial subdivisions of the municipalities.
ARTICLE 122
County Council
(1) The county council is the public administration authority for coordinating the activity of the communal and city councils, in order to provide public services of county interest.
(2) The county council is elected and functions under the law.
ARTICLE 123
prefect
(1) The Government appoints a prefect in each county and in the municipality of Bucharest.
(2) The prefect is the representative of the Government at the local level and heads the decentralized public services of the ministries and other bodies of the central public administration in the administrative-territorial units.
(3) The prefect's powers are established by organic law.
(4) There are no subordination relationships between prefects, on the one hand, local councils and mayors, as well as county councils and their presidents, on the other hand.
(5) The prefect may challenge, before the administrative court, an act of the county council, the local council or the mayor, if he considers the act illegal. The challenged act is suspended by law.
CHAPTER VI Judicial authority
SECTION 1 Courts
ARTICLE 124
The administration of justice
(1) Justice is administered in the name of the law.
(2) Justice is unique, impartial and equal for all.
(3) Judges are independent and subject only to the law.
ARTICLE 125
Status of judges
(1) Judges appointed by the President of Romania are irremovable, under the terms of the law.
(2) Proposals for appointment, as well as the promotion, transfer and sanctioning of judges are within the competence of the Superior Council of Magistracy, under the conditions of its organic law.
(3) The position of judge is incompatible with any other public or private position, with the exception of teaching positions in higher education.
ARTICLE 126
Courts
(1) Justice is administered through the High Court of Cassation and Justice and through the other courts established by law.
(2) The jurisdiction of courts and the trial procedure are provided only by law.
(3) The High Court of Cassation and Justice ensures the uniform interpretation and application of the law by the other courts, according to its competence.
(4) The composition of the High Court of Cassation and Justice and its operating rules shall be established by organic law.
(5) The establishment of extraordinary courts is prohibited. Courts specialized in certain matters may be established by organic law, with the possibility of participation, as the case may be, of persons outside the judiciary.
(6) Judicial review of administrative acts of public authorities, through administrative litigation, is guaranteed, except for those concerning relations with Parliament, as well as military command acts. Administrative litigation courts are competent to resolve the claims of injured persons by ordinances or, as the case may be, by provisions of ordinances declared unconstitutional.
ARTICLE 127
The public nature of the debates
Court hearings are public, except in cases provided for by law.
ARTICLE 128
Use of mother tongue and interpreter in court
(1) The judicial procedure shall be conducted in Romanian.
(2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue before the courts, under the conditions of the organic law.
(3) The modalities for exercising the right provided for in paragraph (2), including through the use of interpreters or translations, shall be established in such a way as not to impede the proper administration of justice and not to involve additional expenses for those interested.
(4) Foreign citizens and stateless persons who do not understand or speak the Romanian language have the right to be informed of all the documents and papers of the case, to speak in court and to make conclusions, through an interpreter; in criminal trials this right is ensured free of charge.
ARTICLE 129
Use of remedies
Against court decisions, interested parties and the Public Ministry may exercise appeals, under the terms of the law.
ARTICLE 130
Court police
The courts have the police at their service.
SECTION 2 Public Ministry
ARTICLE 131
The Role of the Public Ministry
(1) In its judicial activity, the Public Ministry represents the general interests of society and defends the rule of law, as well as the rights and freedoms of citizens.
(2) The Public Ministry exercises its powers through prosecutors established in prosecutor's offices, under the terms of the law.
(3) Prosecutors' offices operate under the jurisdiction of the courts, and they conduct and supervise the criminal investigation activity of the judicial police, in accordance with the law.
ARTICLE 132
Status of prosecutors
(1) Prosecutors carry out their activity according to the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice.
(2) The position of prosecutor is incompatible with any other public or private position, with the exception of teaching positions in higher education.
SECTION 3 Superior Council of Magistracy
ARTICLE 133
Role and structure
(1) The Superior Council of Magistracy is the guarantor of the independence of justice.
(2) The Superior Council of Magistracy is composed of 19 members, of whom:
a) 14 are elected in the general assemblies of magistrates and validated by the Senate; they are part of two sections, one for judges and one for prosecutors; the first section is composed of 9 judges, and the second of 5 prosecutors;
b) 2 representatives of civil society, specialists in the field of law, who enjoy a high professional and moral reputation, elected by the Senate; they participate only in plenary sessions;
c) the Minister of Justice, the President of the High Court of Cassation and Justice and the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice.
(3) The President of the Superior Council of Magistracy is elected for a one-year term, which cannot be renewed, from among the magistrates provided for in paragraph (2) letter a).
(4) The term of office of the members of the Superior Council of Magistracy is 6 years.
(5) The decisions of the Superior Council of Magistracy are taken by secret vote.
(6) The President of Romania presides over the proceedings of the Superior Council of Magistracy in which he participates.
(7) The decisions of the Superior Council of Magistracy are final and irrevocable, except for those provided for in article 134, paragraph (2).
ARTICLE 134
Assignments
(1) The Superior Council of Magistracy shall propose to the President of Romania the appointment of judges and prosecutors, with the exception of trainees, under the conditions of the law.
(2) The Superior Council of Magistracy shall act as a court of law, through its sections, in the field of disciplinary liability of judges and prosecutors, according to the procedure established by its organic law. In these situations, the Minister of Justice, the President of the High Court of Cassation and Justice and the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice shall not have the right to vote.
(3) Decisions of the Superior Council of Magistracy in disciplinary matters may be appealed to the High Court of Cassation and Justice.
(4) The Superior Council of Magistracy also fulfills other duties established by its organic law, in fulfilling its role as guarantor of the independence of justice.
TITLE IV Economy and public finances
ARTICLE 135
Economy
(1) The Romanian economy is a market economy, based on free initiative and competition.
(2) The State must ensure:
a) freedom of trade, protection of fair competition, creation of a favorable framework for the exploitation of all production factors;
b) protecting national interests in economic, financial and foreign exchange activity;
c) stimulating national scientific and technological research, art and copyright protection;
d) exploitation of natural resources, in accordance with the national interest;
e) restoring and protecting the environment, as well as maintaining ecological balance;
f) creating the necessary conditions for increasing the quality of life;
g) applying regional development policies in accordance with the objectives of the European Union.
ARTICLE 136
Property
(1) Property is public or private.
(2) Public property is guaranteed and protected by law and belongs to the state or administrative-territorial units.
(3) The public interest resources of the subsoil, the airspace, the waters with exploitable energy potential, of national interest, the beaches, the territorial sea, the natural resources of the economic zone and the continental shelf, as well as other assets established by the organic law, are the exclusive object of public property.
(4) Public property assets are inalienable. Under the terms of the organic law, they may be given under administration to autonomous administrations or public institutions or may be granted or leased; they may also be given for free use to public utility institutions.
(5) Private property is inviolable, under the conditions of organic law.
ARTICLE 137
Financial system
(1) The formation, administration, use and control of the financial resources of the state, of the administrative-territorial units and of the public institutions are regulated by law.
(2) The national currency is the leu, and its subdivision, the ban. Under the conditions of accession to the European Union, an organic law may recognize the circulation and replacement of the national currency with that of the European Union.
ARTICLE 138
National public budget
(1) The national public budget includes the state budget, the state social security budget and the local budgets of communes, cities and counties.
(2) The Government shall annually draft the state budget and the state social insurance budget, which it shall submit separately to Parliament for approval.
(3) If the state budget law and the state social insurance budget law have not been adopted at least 3 days before the end of the budget year, the state budget and the state social insurance budget of the previous year shall continue to apply, until the adoption of the new budgets.
(4) Local budgets are prepared, approved and executed in accordance with the law.
(5) No budgetary expenditure may be approved without establishing the source of financing.
ARTICLE 139
Taxes, fees and other contributions
(1) Taxes, fees and any other revenues of the state budget and the state social insurance budget shall be established only by law.
(2) Local taxes and fees are established by local or county councils, within the limits and under the conditions of the law.
(3) The amounts representing contributions to the establishment of funds shall be used, under the terms of the law, only according to their destination.
ARTICLE 140
Court of Auditors
(1) The Court of Auditors exercises control over the formation, administration and use of the financial resources of the state and the public sector. Under the terms of the organic law, disputes resulting from the activity of the Court of Auditors are resolved by specialized courts.
(2) The Court of Auditors shall annually present to Parliament a report on the management accounts of the national public budget for the past budgetary year, including any irregularities found.
(3) At the request of the Chamber of Deputies or the Senate, the Court of Accounts shall control the management of public resources and report on the findings.
(4) The Auditors are appointed by Parliament for a term of 9 years, which may not be extended or renewed. The members of the Court of Auditors are independent in the exercise of their mandate and irremovable throughout its duration. They are subject to the incompatibilities provided for by law for judges.
(5) The Court of Auditors is renewed by one third of the auditors appointed by Parliament, every 3 years, under the conditions provided for by the organic law of the Court.
(6) The members of the Court of Accounts are dismissed by Parliament, in the cases and under the conditions provided for by law.
ARTICLE 141
Economic and Social Council
The Economic and Social Council is a consultative body of the Parliament and the Government in the specialized fields established by its organic law of establishment, organization and functioning.
TITLE V Constitutional Court
ARTICLE 142
Structure
(1) The Constitutional Court is the guarantor of the supremacy of the Constitution.
(2) The Constitutional Court is composed of nine judges, appointed for a term of 9 years, which cannot be extended or renewed.
(3) Three judges are appointed by the Chamber of Deputies, three by the Senate and three by the President of Romania.
(4) The judges of the Constitutional Court shall elect, by secret ballot, its president for a period of 3 years.
(5) The Constitutional Court is renewed by one third of its judges, every 3 years, under the conditions provided for by the organic law of the Court.
ARTICLE 143
Conditions for appointment
Judges of the Constitutional Court must have superior legal training, high professional competence and at least 18 years of experience in legal activity or higher legal education.
ARTICLE 144
incompatibility
The position of judge of the Constitutional Court is incompatible with any other public or private position, with the exception of teaching positions in higher legal education.
ARTICLE 145
Independence and irremovability
The judges of the Constitutional Court are independent in the exercise of their mandate and irremovable during its term.
ARTICLE 146
Assignments
The Constitutional Court has the following powers:
a) it rules on the constitutionality of laws, before their promulgation, upon the notification of the President of Romania, of one of the presidents of the two Chambers, of the Government, of the High Court of Cassation and Justice, of the People's Advocate, of a number of at least 50 deputies or of at least 25 senators, as well as, ex officio, on initiatives to revise the Constitution;
b) it rules on the constitutionality of treaties or other international agreements, upon the notification of one of the presidents of the two Chambers, of at least 50 deputies or of at least 25 senators;
c) shall rule on the constitutionality of the regulations of Parliament, upon the notification of one of the presidents of the two Chambers, of a parliamentary group or of a number of at least 50 deputies or of at least 25 senators;
d) decides on objections to unconstitutionality regarding laws and ordinances, raised before courts or commercial arbitration; the objection to unconstitutionality may also be raised directly by the People's Advocate;
e) resolves legal conflicts of a constitutional nature between public authorities, at the request of the President of Romania, of one of the presidents of the two Chambers, of the Prime Minister or of the president of the Superior Council of Magistracy;
f) ensures compliance with the procedure for electing the President of Romania and confirms the results of the vote;
g) ascertain the existence of circumstances justifying the interim in the exercise of the office of President of Romania and communicate the findings to the Parliament and the Government;
h) give an advisory opinion on the proposal to suspend the President of Romania from office;
i) ensures compliance with the procedure for organizing and conducting the referendum and confirms its results;
j) verify the fulfillment of the conditions for the exercise of legislative initiative by citizens;
k) decides on challenges that have as their object the constitutionality of a political party;
l) also performs other duties provided for by the organic law of the Court.
ARTICLE 147
Constitutional Court Decisions
(1) The provisions of the laws and ordinances in force, as well as those of the regulations, found to be unconstitutional, shall cease to have legal effects 45 days after the publication of the decision of the Constitutional Court if, within this period, the Parliament or the Government, as the case may be, do not reconcile the unconstitutional provisions with the provisions of the Constitution. During this period, the provisions found to be unconstitutional shall be suspended by law.
(2) In cases of unconstitutionality concerning laws, before their promulgation, Parliament is obliged to re-examine the respective provisions in order to bring them into line with the decision of the Constitutional Court.
(3) If the constitutionality of the treaty or international agreement has been established in accordance with Article 146 letter b), it may not be the subject of an exception of unconstitutionality. The treaty or international agreement established as unconstitutional may not be ratified.
(4) The decisions of the Constitutional Court shall be published in the Official Gazette of Romania. From the date of publication, the decisions shall be generally binding and shall have force only for the future.
TITLE VI Euro-Atlantic Integration
ARTICLE 148
Integration into the European Union
(1) Romania's accession to the founding treaties of the European Union, for the purpose of transferring certain powers to the community institutions, as well as of exercising jointly with the other member states the powers provided for in these treaties, shall be made by law adopted in a joint session of the Chamber of Deputies and the Senate, with a two-thirds majority of the number of deputies and senators.
(2) As a result of accession, the provisions of the founding treaties of the European Union, as well as other binding Community regulations, shall take precedence over contrary provisions in domestic laws, in compliance with the provisions of the act of accession.
(3) The provisions of paragraphs (1) and (2) shall apply, accordingly, also to accession to the acts revising the founding treaties of the European Union.
(4) The Parliament, the President of Romania, the Government and the judicial authority guarantee the fulfillment of the obligations resulting from the act of accession and from the provisions of paragraph (2).
(5) The Government shall transmit to the two Chambers of Parliament draft acts of a binding nature before they are submitted to the approval of the European Union institutions.
ARTICLE 149
Accession to the North Atlantic Treaty
Romania's accession to the North Atlantic Treaty is made by law adopted in a joint session of the Chamber of Deputies and the Senate, with a two-thirds majority of the number of deputies and senators.
TITLE VII Revision of the Constitution
ARTICLE 150
The revision initiative
(1) The revision of the Constitution may be initiated by the President of Romania upon the proposal of the Government, by at least one fourth of the number of deputies or senators, as well as by at least 500,000 citizens with the right to vote.
(2) Citizens initiating the revision of the Constitution must come from at least half of the country's counties, and in each of these counties or in the municipality of Bucharest at least 20,000 signatures must be registered in support of this initiative.
ARTICLE 151
Review procedure
(1) The draft or proposal for revision must be adopted by the Chamber of Deputies and the Senate, with a majority of at least two-thirds of the number of members of each Chamber.
(2) If no agreement is reached through the mediation procedure, the Chamber of Deputies and the Senate, in joint session, shall decide with the vote of at least three-quarters of the number of deputies and senators.
(3) The revision is final after its approval by referendum, organized no later than 30 days from the date of adoption of the draft or proposal for revision.
ARTICLE 152
Limits of the review
(1) The provisions of this Constitution regarding the national, independent, unitary and indivisible character of the Romanian state, the republican form of government, the integrity of the territory, the independence of the judiciary, political pluralism and the official language cannot be the subject of revision.
(2) Likewise, no revision may be made if it results in the suppression of the fundamental rights and freedoms of citizens or their guarantees.
(3) The Constitution may not be revised during a state of siege or a state of emergency, nor in time of war.
TITLE VIII Final and transitional provisions
ARTICLE 153
Entry into force
This Constitution shall enter into force on the date of its approval by referendum. On the same date, the Constitution of August 21, 1965 shall be and remain entirely abrogated.
ARTICLE 154
Temporal conflict of laws
(1) Laws and all other normative acts remain in force, to the extent that they do not contradict this Constitution.
(2) The Legislative Council, within 12 months from the date of entry into force of its organizational law, shall examine the conformity of the legislation with this Constitution and shall make appropriate proposals to the Parliament or, as the case may be, to the Government.
ARTICLE 155
Transitional provisions
(1) Draft laws and legislative proposals in the process of being legislated shall be debated and adopted in accordance with the constitutional provisions prior to the entry into force of the revising law.
(2) The institutions provided for by the Constitution, existing on the date of entry into force of the revision law, remain in operation until the establishment of new ones.
(3) The provisions of paragraph (1) of Article 83 shall apply starting with the next presidential term.
(4) The provisions regarding the High Court of Cassation and Justice will be implemented within 2 years at the latest from the date of entry into force of the revision law.
(5) The acting judges of the Supreme Court of Justice and the auditors appointed by the Parliament shall continue their activity until the expiry of the term for which they were appointed. In order to ensure the renewal of the Court of Auditors every 3 years, upon the expiry of the term of office of the current auditors, they may be appointed for another term of 3 years or 6 years.
(6) Until the establishment of specialized courts, disputes resulting from the activity of the Court of Accounts will be resolved by ordinary courts.
ARTICLE 156
Republication of the Constitution
The law revising the Constitution shall be published in the Official Gazette of Romania within 5 days from the date of adoption. The Constitution, amended and supplemented, after approval by referendum, shall be republished by the Legislative Council, with the names updated and the texts given a new numbering.
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