Draft Constitution of Romania 1991 TITLE I: Fundamental Principles 1. Romania is a National State, sovereign, unitary and indivisible. The form of government of the Romanian State is the Republic. 2. The territory of Romania is inalienable. The frontiers of Romania are sanctioned by law. 3. National sovereignty belongs to the people. No group or individual may assume the exercise of its sovereignty on one's own behalf. The people exercises its power by its representative bodies and by referendum. The people's representative bodies shall be elected by universal vote in accordance with the provisions of the law. The organization and carrying on of referendums shall be established by law. 4. Romania is a democratic State, subject to the rule of law. Human dignity, the rights and liberties of the citizen, the free development of his personality, the Constitutional order, juridical equality, justice and political pluralism are supreme values; the public authorities shall respect and protect them. 5. No privilege shall be admitted to the benefit of one social group/category. The State shall demand and facilitate the mutual assistance and co-operation of all social groups and bodies, for the general welfare. 6. The State shall ensure: a) the guarantee of national sovereignty and territorial integrity; b) the observance of Constitutional order, human rights and citizens' liberties; c) the exploitation of natural resources in accordance with the national interest; d) the valuation of the creative and productive potential of all social forces; e) the development of culture and science; protection of the national cultural heritage; f) the protection of the environment and ecologic balance; g) the necessary conditions with a view to improving the quality of life, the social protection of the citizens; h) the promotion of free enterprise; i) the participation of all citizens in public life; j) the co-operation with other states, the consolidation of peace and the promotion of understanding amongst all the peoples of the world. 7. The State is based on the unity of the Romanian people, the common and indivisible homeland of its citizens, without any discrimination of race, ethnical origin, language, religion, sex, opinion and political allegiance, wealth or social origin. It acknowledges and guarantees the right to the preservation, development and expression of identity of all national minorities, in every field of the economic, political, cultural, religious, juridical and social life. Any discrimination shall be punished by law. The protective measures taken by the Romanian State to preserve the identity of the national minorities shall be in accordance with the principles of equality and non-discrimination pertaining to the other Romanian citizens. 8. In Romania, market economy is the framework for the free enterprise of all the participants in economic life. 9. The State shall protect property. Property shall be public or private. Public property belongs to the State or to its administrative-territorial units. The assets making the exclusive object of public property represent the public estate and shall be established by law. The public estate assets are inalienable; they may be granted as concessions or leased, on legal terms. 10. Political pluralism is a condition and guarantee of democracy in Romanian society. The creation of political parties and their activity shall be in accordance with the provisions of the law. They participate in the definition and expression of the political will of the citizens, while respecting the national sovereignty, the constitutional order and the principles of democracy. The only criterion underlying the constitution and recognition of political parties is the political one. Alternative to paragraph 3: to eliminate the text. 11. The creation of trade unions and the exercise of their activity shall be in accordance with the provisions of the law and their own regulations. They shall contribute to protecting the rights and promoting the professional interests of their members. 12. The constitution, the administration and the utilisation of the financial means of the State, as well as of the public institutions, shall be in accordance with the provisions of the Law on Public Finances. The income and expenditure necessary for the State activities shall be annually recorded in the State Budget; no budgetary expenditure shall be approved unless the financing source has been established. The State Budget, and its Annexes, drawn up in accordance with the law, together with the budgetary execution accounts, shall be annually submitted for approval to the Assembly of Deputies, on proposal of the government. The Budget of the Public Social Security system shall be established by the Government, distinctly from the State Budget, and shall be approved by the Assembly of Deputies along with the latter. The income and expenditure necessary for the Local Public Administration shall be recorded in their own budgets, to be drawn up and approved annually by the Local Councils in every administrative-territorial unit. Any duties, taxes, or other income to the State Budget shall be established only by law. To make up the income for the local budgets and to ensure local autonomy, the Local Councils may establish local duties and taxes in accordance with the provisions of the law. The management of executive activities in the field of Public Finances and the co-ordination of actions in the currency field are incumbent on the Government. The Court of Audit and other state institutions shall verify the administration of Public Finances in accordance with the provisions of the law. 13. The Armed Forces are exclusively in the service of the people and subordinate to its will. They shall guarantee the independence and unity of the State, its territorial integrity, and the Constitutional order. The military organization, the basic concept of national defence, the structure of the national defence system, and the Military statute, shall be regulated by law. The Supreme Council of National Defence is constituted, and functions, in accordance with the provisions of the law, in order to organize and provide a unitary co-ordination of the activities regarding national defence and security of the State. The activity of the Supreme Council of National Defence shall be under the control of the Parliament. In cases explicitely provided for by the law, the Supreme Council of National Defence may, for a limited period and with a pre-set purpose, decide upon the participation of the Armed Forces, together with the Police and other internal forces, in defending the constitutional order and protecting the fundamental rights and liberties of the citizens. 14. Romania maintains peaceful relations of co-operation and good neighbourhood with all the states, based on the principles of international law, with the purpose of respecting human dignity and the progress of mankind. 15. The Romanian State pledges to precisely respect its international commitments and to execute, in good faith, the treaties it has ratified. The international principles and regulations, unanimously agreed upon, and those following from the ratified treaties, in accordance with the law, are regarded as integral parts of the Internal law. 16. The Romanian citizenship expresses the belonging of one individual to the Romanian State. Citizenship may be acquired and lost in accordance with the provisions of the law. No Romanian citizen can be deprived of this quality. 17. The administrative-territorial units are the districts, towns and communes. Under the provisions of the law, some towns may be declared municipalities. The communes may be composed of several villages and hamlets. The number and extent of the administrative-territorial units shall be established by law. The organization and activity of the administrative-territorial units are based on the principles of administrative decentralisation and local autonomy. 18. Romanian is the official language of the State. Romania's flag consists of three equal vertical stripes: blue, yellow and red, in their succession from the flag pole. Its national anthem is "Awake, Romanians". The Arms and the Seal of the Romanian State shall be established by an organic law. The capital of Romania is Bucharest. TITLE II: Fundamental Rights, Liberties and Duties of the Citizens CHAPTER I: General provisions 1. All the citizens have the rights granted to them by the Constitution, and the duties laid down in it. The law can make dispositions only for the future. 2. All the citizens are equal before the law and justice, without any privileges and irrespective of race, ethnical origin, language, religion, sex, opinion or political allegiance, wealth or social origin. 3. Romanian citizens residing in other countries shall enjoy the protection of the State for the exercise of their rights and shall be bound to perform their duties with the exception of those incompatible with their absence. 4. Alien and stateless persons in Romania have all the rights and the duties set forth in the Constitution and the laws, with the exception of those belonging exclusively to the Romanian citizens. 5. Constitutional dispositions concerning the rights and liberties of the citizens shall be interpreted and applied in accordance with the Universal Declaration of Human Rights and the international treaties and agreements ratified by Romania. 6. Fundamental rights and liberties, as well as the guarantee thereof may be restricted only in instances explicitely set forth in the Constitution or in a state of siege or state of emergency, and only by law. The law must mandatorily specify the right and the article in the Constitution referred to by the restraint of practise without infringement upon the very existence of this right. 7. Every person has the right to appeal in justice for the defence of his rights and liberties. No-one may be withdrawn, against his will, from the competence of his lawful judge. No penalty may be established or applied but on the grounds and in accordance with the provisions of the law. 8. A Romanian citizen may not be expelled from Romania. Extradition shall be disposed only in compliance with an international convention, and on the basis of the principle of reciprocity. Romanian citizens, aliens, and stateless persons may not be extradited for political reasons, if these comply with the Constitutional order in Romania. Likewise, they may not be extradited on request of a state where they could be sentenced to death. These provisions also apply to the expulsion of aliens and state-less persons. Paragraph 2 does not apply to persons guilty of acts of terrorism or genocide. Expulsion and extradition may be decided upon only by the Court of Justice, on the request of the relevant state organ. CHAPTER II: FUNDAMENTAL RIGHTS AND LIBERTIES 1. Human right to life is absolute and inviolable. Capital punishment is forbidden in time of peace. 2. The right to personal security and individual liberty is guaranteed. The liberty and physical integrity of the individual are inviolable. No one shall be subjected to torture and to any inhuman or degrading punishment or treatment. The indictment, detention or imprisonment of a person, are allowed only in cases explicitely established by law and under strict observance of the legal procedure established to this purpose. Preventive detention may last no longer than 24 hours. A person can be arrested only under a legal warrant issued by a Judge, and kept in provisional imprisonment only for a period of maximum 30 days, unless the Court exceptionally approves to extend this period. The person arrested, or detained, shall be promptly notified, in the language he is conversant with, of the grounds for his arrest or detention and in shortest time of the charges against him, as well as of his right to be assisted by a lawyer at his own choice. The person arrested or detained shall be mandatorily released before the expiry of the term, if the grounds for his arrest or detention ceased to exist. The person arrested may present his complaint about the legality of his detention to the Judge, who is compelled to make a pronouncement within 24 hours, by a motivated ordinance. During the trial, the defendant or the person under preventive detention may apply for his provisional release under judiciary control or on bail. Until the pronouncement of the sentence, the person shall be held innocent. The victim of an illegal detention or arrest has the right to reparations of any moral or material damage suffered. The Court shall decide upon such matters. The right to defence is inviolable. No one may be prevented to benefit of the assistance of a chosen lawyer, during any stage of the trial proceedings. Any law suit or trial proceedings shall be carried on in Romanian. Everyone wishing to defend himself in his mother language has the right to an interpreter. For criminal trials, the provision of an interpreter shall be free of charge. 3. The right to free movement is protected. Every citizen is guaranteed the right to move about and freely chose his domicile or place of residence anywhere within the national territory, to travel abroad or emigrate, and to return to his country. The right under paragraph 1 may be restricted by law or on the grounds of a law, only on account of the necessity to cope with a situation endangering the Constitutional order, to prevent the risks of an epidemic, the consequences of a natural disaster or other extremely serious calamity, as well as to protect the under-aged against desertion or for the combat of an offence or for the execution of a criminal court sentence. 4. Any natural person has the right to dispose of himself, if by this he causes no infringement upon the order of the law, the rights and liberties of other people, as well as upon public morals. 5. The public authorities shall protect the right to personal and family privacy. 6. The home is inviolable. No one may enter or stay at the home or place of residence of a person without his consent. Derogations of the provisions under para. 1 may be accepted by law: a) for the execution of a court sentence; b) to remove any danger threatening the life, physical integrity or assets of a person; c) to defend the security of the State or public order; d) to prevent the spread of an epidemic; e) in any other cases which require defence against a common danger. Searches may be ordered solely by a judge or any other competent organ of the State, and may be carried on only under the terms laid down by the law. Searches shall be prohibited at night time, except in cases of flagrante delicto. 7. The secrecy of communications of any kind -- postal, telegraphic and telephonic communications -- is inviolable. The violation of this secrecy, by opening, photocopying, destruction, withhold or intentional delay in delivery of the mail shall be sanctioned in accordance with the law. The inviolability of the secrecy of communications may be restricted by law only to prevent a danger concerning the security of the State or as required by the proceedings of a criminal investigation. 8. Freedom of thought and opinion, freedom of religious beliefs are total, and shall not be restricted by any means. No one shall be discriminated against or persecuted on account of his opinions and beliefs; everyone has the right to express them in public, in so far as they are not contrary to the constitutional order. Religious confessions are free. Their organisation and functioning shall be in accordance with their own statutes. They cannot be contrary to public order, security of the State and public morality. The Church is independent from the State, which is pledged to support the activity of the religious confessions, as prescribed by law. Parents or legal tutors have the right to provide for the minor's moral and religious education, the responsability of which devolvs upon them. The exercise of the freedom of conscience shall be permitted only in a climate of tolerance and mutual respect. 9. Freedom of expression and dissemination of thought, science and arts -- by speech, in writing or in pictures, by sounds or through any other media -- are inviolable. Any censorship thereof shall be prohibited. The freedom of expression shall not be prejudicial to the honour, privacy and the right to self-image of a person. The liability for the content of a creation made public is incumbent as follows, upon the author, the editor or the director, as well as upon the owner of the printing house or the producer of the artistic performance -- provided the former cannot be identified. Any defamation of the country and the nation, instigation to war, national, racial class or religious hatred, incitement to discrimination, public violence, national, ethnical and language exclusivism or separatism, as well as any indecent, obscene and immoral conduct shall be prohibited and punished by law. 10. The press is free, and shall not be censored in any way nor obstructed in its publication and free communication of ideas and opinions. The freedom of the press also implies the freedom to set up periodicals, in accordance with the provisions of the law. No publication shall be suspended or interdicted, unless it has broken the Constitutional order. The competent authority for the decision of suspension or interdiction of the publication lies with the Constitutional Council. The provisions of the article above shall apply accordingly. The law may compel the periodical press to make public its financing sources. 11. General compulsory education shall be established by law. High schools and vocational schools as well as higher education, shall be accessible to all citizens, in accordance with their abilities. Education of all grades shall be conducted in Romanian. Any person belonging to a national minority shall be guaranteed the right to learn his mother language or to be educated in this language, under the terms of the law, so as to enable its use -- if possible and necessary -- in the relations with the public authority, in accordance with the legislation in force. Education shall be free of charge except for the cases established by law. The institutions of education, including the private establishments, shall conduct their activity only according to the provisions of the law. The University autonomy is guaranteed. The State shall provide assistance by scholarships, to be granted by competitive examination only. The State shall also provide facilities for the institutions belonging to its own educational network. The special training for the handicapped persons shall enjoy adequate protection, provided under the terms of the law. The State shall guarantee the freedom of religious education, in accordance with the specific requirements of each religious confession. In the State schools, reglious education is optional. 12. Free access to information of any kind is guaranteed, under the terms of the law. Mass-media belonging to the State, except those pertaining to the Government, are independent of Public Administration. The State may not censor the activity of the mass media of political parties, of social bodies or private persons. Radio, TV and other audio-visual media of information must contribute to their social and cultural mission. The right to information shall infringe neither upon the protection of youth and childhood, nor upon the honour of the citizens. 13. The right to vote and to be elected is guaranteed. The voting shall be universal, equal, direct, secret and freely expressed. All Romanian citizens who have attained the age of 18 until the day of the elections shall have the right to vote. Mentally disabled or alienated laid under an interdiction, as well as convicts sentenced by a final court decision to be deprived of the electoral rights, cannot vote. The right to be elected belongs to all Romanian citizens with the right to vote, domiciled in Romania, with the exception of those who may not join a political party, in accordance with the provisions of the law. Eligibility to the Assembly of Deputies, local councils, or to a mayorhood is granted to candidates over 23 years of age, attained until the day of the elections. Eligibility to the Senate or to the Presidency of Romania is granted to candidates over 35 years of age, attained until the day of the elections. The electoral law regulates the conditions for the nomination of candidates, for the organization and helding of elections, as well as for establishing the electoral results. 14. Meeting of any kind, reunions, assemblies and demonstration marches are free. They may be held only in so far they are peaceful and without arms. The meetings and demonstrations in squares, public ways and other places in the open, may be restricted by law, for reasons regarding public order. 15. Romanian citizens have the right to freely associate, in accordance with the laws regulating the exercise of this right, to form political parties, trade unions or any other form of association. The very exercise of the right to association does not imply in itself the right to create a juridical person. The setting up of juridical persons shall be established solely by law. Forming of political parties is free. The parties which by their aims or activity militate against political pluralism, the Constitutional order or the integrity or independence of the State, as well as those founded exclusively on ethnical, religious or language criteria are non-constitutional. Only the Constitutional Council has the competence to decide upon this matter. To eliminate the ground for non-constitutionalism regarding "the parties founded exclusively on ethnical, religious or language criteria". Active members of the Armed Forces, magistrates, diplomats, policemen, the staff of the State-owned Radio-TV, other civil servants established by an organic law may not become members of a political party. 16. Citizens are guaranteed the freedom to chose their profession and working place. The minimum wage, the social assistance for unemployment, the measures of protection, labour safety and hygiene, as well as the specific regulations with regard to the labour protection of women and the youth, shall be established by law. The exercise of a profession shall also be regulated by law or on the grounds of a law. Maximum working day is 8 hours, except for the case there are other engagements established in private conventions. Forced labour is prohibited. The term "forced labour" does not include: a) any work normally required of an individual under detention or while released on parole; b) any services of military character or, in the case of the individuals refusing to pay the military service, any other service instead of the compulsory military one; c) any services required from citizens in the case of natural disasters or any other public danger; d) any work or service as a normal civic obligation established by law. 17. All workers have the right to paid weekends, leisure time at the end of each working-day and a paid annual leave. The mandatory duration of the weekend and the annual leave, as well as the limitation of a working-day under hard or extremely hard working conditions shall be established in accordance with the provisions of the law. 18. Citizens have the right to pensions, social assistance, medical care in health establishments of the State, paid leaves for maternity, aids for the deceased, and other measures of social protection, in accordance with the law. 19. The handicapped shall enjoy special protection. The State shall provide for a national preventive policy, as well as for a treatment for the rehabilitation and social integration of the disabled, without any infringement upon the rights and duties of their parents or tutors. 20. The workers, in a number established by law, who carry out their activity in the same unit, sub-unit or compartment, or those who exercise the same profession, or work, have the right to strike in order to protect their professional interests, with an economic and social content. The conditions for the employers' recourse to a strike, for its suspension and termination, as well as the branches and fields of economic-social activities where strikes are prohibited shall be regulated by law. The organization by trade unions of strikes aiming at political objects shall be strictly prohibited. 21. Property of any kind and inheritance rights, as well as the claims upon the State, shall be guaranteed. The content and limitation of these rights shall be established by law. No one may be deprived of his property, except on justified grounds of public utility against proper and fair compensation paid in advance, and agreed upon with the owner, or, as the case be, through order of the justice. Expropriations for public utility refer to the projects for the ways of communication, street alignement and widening, constructions and public energy network, building of dams and water-flow regulation, public sanitation, national defence and military objectives, as well as other exigencies of public interest related to the general direct requirements of the State and of the Public Administration. The procedure of expropriation shall be established by law. For such projects declared of general interest, the public authorities are entitled to use the basement of any real estate, with the obligation to pay compensation to its owner for the damages caused to the soil, to the plantations and to the constructions. The compensation shall be determined by mutual agreement with the owner, or, in case no agreement can be reached, by the order of justice. The right to property pledges to the respect of duties with regard to environmental protection, good neighbourhood, payment of taxes and the performance of any other duties incumbent upon the owner, in accordance with the law or the custom. No law may establish the measure of confiscation for any lawfully acquired estate. The proof of the illicit acquirement of the estate is incumbent upon the public authority. 22. The State shall take the necessary measures, by its policy of national economic development and social protection of the citizens, to ensure that the best conditions are created for a decent living, in accordance with the contribution of each citizen to the social-economic progress of the country. The law shall establish measures to ensure a healthy, balanced environment; the development of towns within the frame-work of modern town-planning; the healthy development of children; the reduction of sucklings' and infantile mortality; the profilaxy and treatment of diseases; the combat of epidemic diseases. Income taxes shall be established only by law and must ensure a fair distribution of taxes. 23. Children and youth shall enjoy the protection of law, to ensure adequate living conditions and education. Any form of discrimination as well as the economic and social explotation of children and youngsters shall be prohibited. Children and youngsters shall not be employed for jobs injurious to their health and morality or endangering their life or normal development. The employment of a child or youngster under the age of 14 for hired labour shall be prohibited. The law guarantees the right to education and information of the youth, as well as the free development of their associations. 24. Family is founded on the freely consented marriage of the spouses, their full equality, as well as the right and duty of the parents to provide the upbringing, education and instruction of their children. The conditions for contracting a marriage and dissolution thereof shall be established by law. Religious wedding is optional and may only be celebrated after the civil marriage. The State shall assist the family by public allowances for children, aids for mothers with many children or for the care of sick or disabled children, and other forms of social protection established by law. Children born outside wedlock are equal before the law with those born within wedlock. 25. Any person who considers himself wronged in his lawful rights by an administrative act, or by any unjustified refuse of an administrative authority to resolve his request with regard to this right, may appeal to the competent court of justice for the annulment of the act, recognition of his right and reparation for the damaged caused to him. As unjustified refuse to resolve a request with regard to a lawful right shall also be considered the default of making known the result to the petitioner within 30 days from the date of entry, unless a different term is prescribed by law. Exceptions from the exercise of this right, and the specific conditions for the solution of the application of a prejudiced person shall be determined by law. 26. Citizens have the right to apply in writing to the public authorities by signed petitions. A petition may be formulated only in the name of the person who signed. Legally constituted organizations have the right to make petitions on behalf of the collectively they represent. The exercise of the right of petition is tax-exempt. 27. Aliens or stateless persons pursued for their political beliefs may enjoy the right of asylum in Romania, except for the cases when granting this right would be contradictory to the Constitutional order of the country. Persons granted the right of asylum may not be extradited or expelled. The right of asylum may be withdrawn at any time. CHAPTER III: FUNDAMENTAL DUTIES 1. Faithfulness towards the country is sacred. The Constitution and the laws of the country are inviolable. Citizens charged with public functions, as well as the military, have the duty to faithfully fulfil the obligations they are bound to; and, to this purpose, to take the oath as requested by law. 2. Citizens have the right and duty to defend Romania. The military service for all Romanian male-citizens aged 20 is compulsory. To satisfy the compulsory military service, citizens may be summoned up to the age of 35 years. The law shall determine the military obligations, regulate the exemption from compulsory military service, as well as the duties of civilians in the event of great risk, catastrophe or natural calamity. 3. All citizens shall contribute to the public expenditure of the State, by taxes and duties in accordance with the law. Any other conscriptions to this effect shall be prohibited, except as determined by law and under exceptional circumstances only. 4. As holders of the Constitutional rights and liberties, citizens shall exercise them in good faith. CHAPTER IV: DEFENDER OF THE PEOPLE 1. To protect the rights and liberties of the citizens, the Senate shall appoint, for the duration of their term of office, one or several Defenders of the people, in accordance with the provisions of the law. Any citizen who considers himself wronged in his legitimate rights or interests, by acts or deeds of the administrative authorities, shall have the right to petition to the Defender of the people. The Defender of the people, without having the power of decision, shall notify the competent authority thereof, making the necessary recommendations for the elimination and prevention of any acts or deeds of injustice. 3. The activity of the Defender of the people is independent of the appeal and settlement of contentious claims in Administration, provided by law. The Defender of the people shall carry this activity with the assistance of one of the Senate's commissions, under the control of the Senate. 4. The Defender of the people shall annually report on his activity to the Parliament, and recommend legislative measures or of any other kind within the power of the Parliament, in order to defend the rights and liberties of the citizens. TITLE III: Public Authorities CHAPTER I: THE PARLIAMENT 1. The Parliament of Romania is the supreme representative body of the Romanian people, and the only legislative power of the State. 2. The Parliament of Romania consists of the Assembly of Deputies and the Senate. 3. The Assembly of Deputies is composed of Deputies elected by universal, free, equal, direct and secret suffrage, under the terms established in the electoral law. The mandate of the Assembly of Deputies is for 4 years. 4. The Senate is composed of Senators nominated by indirect suffrage by the Councils of local communities. Variant 1 The Senate is composed of Senators elected by universal, free, equal, direct and secret suffrage in a uninominal ballot. Variant 2 The Senate is composed of Senators elected by indirect suffrage by the Councils of local communities, as well as of Senators by right. Senators by right are: -- representatives of the confessions, under the terms established in the electoral law; -- the President of the Romanian Academy; -- ex-Presidents of the legislative bodies, for the duration of one mandate only; -- three representatives of the Army, nominated by the Supreme Council of National Defence, who shall be independent in the exercise of their mandate; -- one representative of each national minority organization not elected to Parliament, under the terms established in the electoral law. The mandate of the Senate is for 4 years. 5. The rights and duties of the members of Parliament, as well as their incompatibilities shall be established by an organic law. 6. The law is the normative act passed by the Parliament or by a referendum. The following may be regulated only by law; -- the rights and duties of the citizens and the guarantee thereof; -- the statute of the Defender of the people; -- the electoral system; -- the organization and holding of referendums; -- the organization and functioning of the Constitutional Council; -- the organization of the Government, as well as of the Central and Local organs of the State Administration; -- the organization and functioning of political parties; -- the organization of the Armed Forces and national defence; -- the organization and functioning of the Supreme Council of National Defence; -- the rules of the states of siege and emergency; -- the criminal cases and rules of criminal proceedings, as well as the execution of sentences; -- the granting of amnesty; -- the setting up, organization and functioning of the Judiciary Courts; -- the organization and functioning of the Supreme Council of the Judiciary; -- the organization and functioning of the Office of the Public Prosecutor; -- the acquisition and loss of the Romanian citizenship: -- the statute and abilities of natural and juridical persons; -- the general system of taxation; -- emission of currency; -- the organization and functioning of the Court of Audit; -- the regime of property, other real rights, inheritance, civil and trade obligations, family relations, as well as the rules of civil procedure; -- general regulations as to the labour relations, trade unions and social security; -- general regulations on the organization of the education; -- administrative territorial organization and local autonomy; -- the statute of civil servants, the administrative contention and general rules of administrative procedure; -- the settlement of the territorial sea limits and the exclusive economic area. The Parliament may regulate by law any other fields than those mentioned above. 7. The Parliament of Romania performs the following main prerogatives: -- establishes the guidelines of home and foreign policy of the State and controls the fulfilling thereof; -- ratifies and denounces international treaties implying any modification of laws; -- declares a general or partial mobilization; -- declares the state of war, as well as the suspension of military hostilities; -- decides on conclusion of an armistice and disposes the cessation of a state of conflict, ratifies peace treaties; -- decides on suspending the President of Romania from his office, as well as on holding a referendum with regard to his discharge from office; -- approves the legislative delegation; -- exerts control on the activity of the Supreme Council of National Defence. 8. The Assembly of Deputies also performs the following prerogatives of its own: -- adopts the Budget and the concluding account of the budgetary exercise; -- approves the composition and programme of the Government, upon proposal of the Prime Minister, by giving its vote of confidence; -- adopts a motion of censorship; -- hears the annual report of the Court of Audit; -- establishes permanent or temporary committees, and the organization and functioning thereof: -- makes up special committees of investigation; -- nominates three members of the Constitutional Council; -- nominates Deputies to be members of the Supreme Council of the Judiciary. 9. The Senate also performs the following prerogatives of its own: -- ratifies and denounces international treaties which do not imply and modification of laws; -- nominates the Defenders of the people and exerts control of their activity; -- nominates, upon proposal of the President of Romania, the director of the Romanian Intelligence Service and controls the activity of this Service; -- establishes permanent or temporary committees, and the organization and functioning thereof; makes up special committees of investigation; -- nominates three members to the Constitutional Council; -- nominates the Senators to be members of the Supreme Council of the Judiciary. 10. The Assembly of Deputies and the Senate shall meet on two annual ordinary sessions. The President of Romania shall call together the Assembly of Deputies and the Senate on ordinary sessions. Variant to paragraph 2: Calling together the Assembly of Deputies and the Senate on ordinary sessions shall be made by the Presidents thereof. The Assembly of Deputies and the Senate may meet on extraordinary sessions upon request of the President of Romania, of the Prime Minister, of the Bureaus of both Houses or of at least one third of the total number of Deputies and Senators, for an order of the day established on the occasion of their calling together. 11. The organization of the activity of each House, and its functioning shall be established by its own regulation. The proceedings of each House shall be presided over by a Bureau, elected for the duration of a session. The Presidents of the Houses shall be elected for the duration of a term of office. 12. Deputies and Senators may make up Parliamentary Groups, in accordance with the regulations of each House. 13. The right to legislative initiative belongs to the Government. Deputies and Senators may, on behalf of their Parliamentary Groups or individually, make legislative proposals, which are to be sent to the Government before tabling them for debates. The same applies to the proposals made by at least 100,000 citizens with the right to vote. Legislative proposals and amendments formulated by the members of Parliament, the adoption of which would lead to a diminishment of public resources, or to the creation or aggravation of public expenses, shall be admitted only after consulting the Government. 14. The Government issues draft bills to the Assembly of Deputies. Draft bills passed by the Assembly of Deputies shall be forwarded to the Senate. Legislative proposals shall be submitted for adoption in the House where they have been formulated or to which the people's initiative has been sent to, and shall be submitted to the other House, after its adoption. If the Parliament has been forwarded to both a draft bill, and a legislative proposal on the same matter, the debate thereof shall start with the draft bill. 15. In case one of the Houses has passed a draft bill or a legislative proposal with modifications as to the text passed by the other House, the Assembly of Deputies shall finally decide thereupon, by the vote of at least two thirds of the total number of Deputies, unless disagreements have been previously settled by means of a committee of mediation. Draft bills or legislative proposals rejected by one of the Houses shall no longer be submitted for debate to the other House. Upon request of the Government, the Parliament shall be compelled to debate some draft bills on an emergency procedure. This emergency procedure shall be established by the regulations of each House. In establishing the order of the day of both House priority shall be given to the debate of draft bills, in the order requested by the Government. 16. The passing of laws and decisions shall require the vote of at least half plus one of the total number of Senators or Deputies. Organic laws shall be passed by the vote of at least two thirds of the total number of Senators of Deputies. Laws shall be submitted for promulgation to the President of Romania, and shall be published in the Official Gazette. The absence of publicity entails the inexistance of the law. 17. Parliamentary debates shall be public, except for the cases when decided to hold a secret sitting. Members of the Government, which are not Parliamentarians, shall have access to the Parliamentary debates. 18. The Legislative Council of Romania shall be a consultative expert body, autonomous, supporting the Parliament and the Government in their drawing up normative acts, and ensuring the observance of the rules of the legislative technique, as well as the requirements for the systematization and unification of the legislation. It shall be compulsory to consult the Legislative Council for all legislative proposal, draft bills, as well as for the draft decisions and ordinances of the Government. In giving approvals, the Legislative Council makes pronouncements also upon the constitutionality of the draft bills approved. The Legislative Council provides official account of the legislation and publication of the collection of normative acts. The organization and functioning of the Legislative Council of Romania shall be established by law. CHAPTER II: THE PRESIDENT OF ROMANIA 1. The President of Romania shall represent the Romanian State in its international relations, being the guarantee of its national independence, territorial integrity and observance of international treaties. The President shall, by the exercise of its prerogatives, ensure the proper functioning of public authorities, and the application of the principles of democracy, freedom and human dignity, the inviolability and inalienability of fundamental human rights. 2. The President of Romania shall be elected by universal, equal, direct, free and secret suffrage, for a 5 years' term of office, from among the citizens with the right to be elected, who are over 35 years of age. The candidates to the Presidency shall have only Romanian citizenship. A person may be re-elected to the Presidency of Romania only once. 3. Once elected, the President of Romania may not be a member of a party or political organization. After confirmation of his election, he shall take the following oath before the Parliament: "I solemnly swear that I will bear true faith to the Romanian people, to its ideals of freedom and prosperity. I solemnly swear to observe the Constitution and the laws of the country, to defend democracy, fundamental human rights and liberties, the sovereignty and territorial integrity of Romania". 4. If the office of Presidency becomes vacant or if the President finds himself unable to exercise his prerogatives -- these circumstances being ascertained by the Constitutional Council -- the President of Senate shall exercise the ad-interim duties of the Presidency of Romania. In case the vacancy or disability to exercise his prerogative as President of Romania are final, the Government shall organize new elections within maximum 3 months. 5. The President of Romania may, in the case of serious offences against the provisions of the Constitution, be suspended from his office, with the consent of the Constitutional Council, by the joint vote of the absolute majority of the total number of Senators and Deputies. The proposal for suspension may be made by at least one third of the total number of Deputies, or as may be the case of the Senators. The President may be discharged only as the result of a referendum, held within maximum one month from date of his being suspended by the Parliament. 6. The President of Romania shall have the following main prerogatives: -- to appoint the Prime Minister, which shall be a Deputy or Senator nominated by the party or political organization having the majority in the Assembly of Deputies; in case no majority is attained, as Prime Minister shall be appointed another Deputy or Senator, resulting from the consultation of the Parliamentary Groups; -- to revoke or appoint the other members of the Government, on the proposal of the Prime Minister, in the case of governmental reshuffle or of vacancies; -- to preside over the sittings of the Government on matters of national interest with regard to foreign policy, the defence of the country, the ensurance of public order, as well as other instances, on the request of the Prime Minister; -- to submit annualy to the Parliament messages with regard to the main political problems of the nation; -- to return laws to the Parliament before their promulgation, to be reconsidered, but only once; -- to promulgate laws within 15 days from their passing by the Parliament; -- to submit to referendum, on the proposal of the Government, if the Parliament is in session, as well as on the proposal of both Houses, any draft bill concerning the main problems of the State policy; the promulgation of the laws adopted by a referendum shall be compulsory within the same 15 days' interval; -- to dissolve the Parliament, after consulting the Prime Minister and the President of both Houses; general elections shall be held within maximum 2 months from the dissolution; during the same year, the Parliament may be dissolved only once; -- to conclude international treaties and submit them for ratification to the Parliament; -- to accredit and recall the diplomatic representatives of Romania; -- to receive the letters of accreditation of the diplomatic representatives from other states; -- to preside over the Supreme Council of National Defence; -- to declare a partial or general mobilization of the Army, with the previous approval of the Parliament; exceptionally, the decision of the President shall be submitted for approval to the Parliament within 5 days, at the most, from its making; -- to declare war in the case of a military aggression, effective or imminent, by acknowledging the Parliament of the measures he has taken by a message; -- to proclaim the state of seige or emergency in the whole country or only in some parts of it, while requesting the approval of the Parliament within 5 days, at the most, from the adoption of these measures; -- to make promotions to the ranks of general, admiral and marshal; -- to grant pardon and to substitute a less severe form of punishment (to commute sentences); -- to grant decorations and titles of honour; -- to appoint three members to the Constitutional Council. 7. The President of Romania is the Head of the Army, the effective command of the Army being exercised by the Government, in accordance with the law. 8. In the exercise of his prerogatives, the President shall issue decrees, to be countersigned by the Prime Minister, except for the cases under exception. 9. The decrees which, according to the law, are not a secret of state, shall be published in the Official Gazette. The absence of publicity entails the inexistance of the decree that should have been published. CHAPTER III: ADMINISTRATIVE AUTHORITY Section 1: The Government and Central Institutions 1. The Government ensures -- at a national level, under the control of the Parliament and under the Constitutional provisions -- the setting forth and implementation of home and foreign policy, in accordance with its governmental programme. 2. The Government is made up of the Prime Minister, Ministers and other members established by law. Members of the Government can be any Romanian citizens domiciled in Romania, who have the exercise of their electoral rights. The membership of the Government is incompatible with the exercise of any other professional representation office of a national character, other public office, except for that of a Deputy or Senator, or another office or professional activity paid within the framework of a trade organization. The membership of the Government shall be vacant by dismissal, resignation or following the loss of electoral rights. 3. Within 5 days from his appointment, the Prime Minister shall submit to the Assembly of Deputies the composition and the programme of the Government, and request a vote of confidence. The failure to be granted the vote of confidence entails the obligation of the Prime Minister to present the resignation of his Government, within 5 days. The President of Romania shall appoint, within the next 5 days, the person to form the new Government. In case the Assembly of Deputies has not given its vote of confidence to the new Government, the Prime Minister shall present his resignation to the President of Romania within 10 days, unless the dissolution of the Parliament has been decided, in accordance with the Constitution. The resigning Government shall ensure the administration of public affairs until the constitution of a new Government. 4. Before assuming their office, the Prime Minister and the Ministers shall take an oath before the President of Romania as follows: "I solemny swear to serve in true faith the Romanian people, to observe the Constitution and the laws of the country." 5. The Prime Minister shall lead the Government, co-ordinate the activity of the Ministers, while observing the prerogatives incumbent upon them according to the law, and bear the responsability for its activity before the Parliament. In case the Prime Minister delegates, in accordance with the law, the exercise of some of his prerogatives to another member of the Government, the responsibility before the Parliament for the exercise thereof shall be upon the Prime Minister. In the event of the Prime Minister's impossibility to exercise his prerogatives, the President of Romania shall designate another member of the Government to warrant the office of the Prime Minister, but no longer than for 15 days. The provisions of the paragraph above also apply to the other members of the Government, accordingly. 6. The prerogatives of the Government shall be established only by law. 7. The Government shall adopt decisions, in the exercise of its own prerogatives and regulations for the application of the laws, when a specific provision thereon has been made by law. The decisions and regulations shall be issued only within the limits and under the terms established by law. In exceptional situations, the Government may issue, on the basis of a capacitating law, adopted by a majority of two thirds in each House and only for the duration established by this law, ordinances in fields reserved to the law, in accordance with the Constitution; the ordinances shall come into force at the date of their publication, yet they become ineffective unless the draft bill of ratification has been submitted to the Parliament prior to the date set forth by the capacitating law. After the expiration of the term provided in the paragraph above, ordinances in the fields reserved to the law may be modified only by law. Decisions, regulations and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the Ministers who are compelled to put them into execution, and published in the Official Gazette. The absence of publication entails the inexistence of the bill, except for the decisions which, according to the law, are a secret of state. 8. The Assembly of Deputies may engage the liability of the Government, by a motion of censorship. The motion of censorship may be tabled by at least one fourth of the total number of Deputies or by the Senat, and shall contain a proposal for a candidate to the office of Prime Minister. The voting of the motion of censorship may be held only two days after its being tabled and acknowledged to the Government. The motion of censorship shall be approved by the open vote of half plus one of the total number of Deputies, within two days from the expiration of the term established in the paragraph above. The adoption of the motion entails the obligation of the Prime Minister to present the resignation of the Government to the President of Romania, within three days. In the event the motion of censorship has been rejected, the Deputies who signed it or the Senate may not lay down a new motion, during the same session, except for the case the Government requests a motion of confidence. 9. The Prime Minister may request to the Assembly of Deputies the adoption of a motion of confidence with regard to the policy of the Government, to engage its liability upon a programme and a declaration of general policy, or upon a draft bill. In this case, the programme, the declaration of general policy or the draft bill shall be considered as adopted, unless within the next two days from the engagement of the Government's liability the Deputies have tabled a motion of censorship, in accordance with article 8. The Government may accept amendments to the draft bill presented, provided these have been tabled within the term provided for under paragraph 1. If the motion of censorship has been rejected, the programme, the declaration of general policy of the draft bill shall be considered as adopted. 10. The members of the Government shall hold joint and severe liability for the activity of the Government, and the decisions, regulations, ordinances or measures adopted by it. Each member of the Government is also liable for his own activity. The Government, on the whole, and each of its members are liable for the fulfilment of their prerogatives before the Parliament, according to the provisions of the Constitution and the rules of procedure of each House. 11. The Assembly of Deputies and the Senate, as well as the President of Romania, have the right to demand the criminal pursuit of the Ministers, and their trial before the Supreme Court of Justice, for offences relating to the exercise of their functions. The law of Ministerial responsability shall determine the cases of liability and the punishments applicable to the members of the Government. 12. The ministries and the other central institutions shall be organized, in accordance with the law, so as to ensure the proper functioning and impartiality of public administration. Section 2: Local Institutions 1. Public Administration at the level of districts and the city of Bucharest shall be carried out by the district council, and by the City council, respectively; at the level of municipalities, the sectors of the city of Bucharest, towns, and communes -- by local and mayors' councils. The district councils, the City council, the councils of municipalities, towns and communes, as well as the mayors shall be elected by universal, equal, direct, free and secret suffrage, under the provisions of the law. 2. Each local council, in the administrative-territorial unit where it functions, shall: -- approve local budget and the exercise account thereof; local loans may only be contracted if the resources for their return are ensured; -- establish local taxes and duties; -- provide for proper functioning of institutions, the ensurance of services and works of local interest, such as public schools, health establishments, common transport, communal husbandry, public libraries and museums etc.; -- provide for a modern town-planning, under observance of local tradition; -- be liable for the administration of the public domain in communes, towns, municipalities or districts, and exercise the rights established by law with regard to the autonomy management-units set forth by it; -- provide the services of legal status (birth, marriage, death), ward authority, commercial inspection, and other public-services specific to the local autonomy; -- take measures for the environmental protection and improvement of the living conditions of local communities; -- perform any other duty established by law. 3. The funds required for local councils shall be made up out of own revenue. Subventions shall be alloted, in accordance with the law on the State Budget, only under terms approved by the Parliament. The commercial companies and autonomous -- management units shall contribute, depending on the nature of the activity carried on locally and in acordance with the provisions of the law, to the constitution of funds for the local development. 4. For carrying out any works of public interest, local councils may join together or with economic organizations, domestic or from abroad, in partnerships. Local councils may also establish co-operation relations with the local authorities from foreign countries. 5. The Government shall appoint a prefect in each district and to the City of Bucharest. As a representative of the Government, the prefect shall watch over the local council activity being conducted in accordance with the law. The prefect shall be the chief of public services of the ministeries and other governmental bodies, decentralised in the administrative-territorial units. 6. There shall be no subordination between local councils and the prefect. The prefect may suspend application of an administrative act issued by a local authority. This measure of suspension may be attacked before the administrative contention department of the District Court. 7. The organization and functioning of local councils, as well as further provisions for the implementation of local autonomy shall be established by law. CHAPTER IV: JUDICIAL AUTHORITY Section I: Courts of Justice 1. In Romania, justice is exercised on behalf of the people. The judicial authority has its own prerogatives, which shall be independently exercised by the Courts, in conformity with the Constitution and the laws of the country. 2. The exercise of justice lies within the competence of the Courts, District Courts, Courts of Appeal, and the Supreme Court of Justice. The organization of Courts, the competence thereof and the judicial proceedings shall be established by law. The setting up of courts of exception shall be prohibited, except for the military ones in time of war. Courts of justice on special matters may be set up only by law. 3. In the discharge of their duties, judges shall be independent and subject only to law. Judges, except for those being on probation, shall be appointed in office by the President of Romania, on the proposal of the Supreme Council of the Judiciary. Incompatibilities of the judges shall be established by law. 4. Judges shall be irremovable, under the terms laid down by the law. 5. Any litigation shall be settled in court hearings open to the public, with the exception of those provided for in the law. 6. Judicial proceedings shall be conducted in Romanian. For the parties failing to understand the language in which the judicial proceedings are being held, provision shall be made that they may take cognizance of all acts and deeds in the trial brief, and that they may exercise their right to speak before the Court and have the pleadings translated by an interpreted. In administrative-territorial units inhabited by a population other than Romanian, the use of their mother-language shall be provided for, under the terms of the law. 7. The Judicial authority shall dispose of its own police. 8. The State is patrimonially liable for the damages caused by judicial errors in criminal cases, in accordance with the law. Section 2: The Office of the Public Prosecutor 1. In the judicial activity, the Office of the Public Prosecutor shall represent the general interests of society and public order. 2. The Office of the Public Prosecutor shall exercise its prerogatives by prosecutors, through its own agencies, attached to each Court of Justice, as prescribed by the law on judiciary organization. 3. Prosecutors shall discharge their duties under hierarchical dependency and control, and under the authority of the Minister of Justice. Section 3: Superior Council of the Judiciary 1. The Superior Council of the Judiciary shall consist of Magistrates, Deputies and Senators, appointed in accordance with the provisions of the law. 2. The proceedings of the Superior Council of the Judiciary shall be presided over by the Minister of Justice. 3. The Superior Council of the Judiciary makes proposals to the President of Romania for the appointment of judges and, as provided for by the law, of prosecutors, except for those on probation. 4. The Superior Council of the Judiciary shall be consulted in connection with granting pardons and commuting punishments. 5. The Superior Council of the Judiciary shall discharge, as provided for by the law, the duty of a disciplinary council for the judges, in which case the debates shall be presided over by the first President of the Supreme Court of Justice. The Minister of Justice shall not participate in the debates of the disciplinary council. TITLE IV: Constitutional Council 1. The Constitutional Council consists of nine members, designated for a term of office of nine years that cannot be renewed. Three members shall be appointed by the Assembly of Deputies, other three by the Senate, and three by the President of Romania. The members of the Constitutional Council shall elect their President for a 3 years' term, who shall cast his vote if the votes are equally divided. 2. The members of the Constitutional Council shall be appointed from among jurists of high professional competence and at least 15 years' experience in the exercise of their profession or as University professors. 3. The Constitutional Council shall renew one third of its composition every three years, in accordance with the provisions of the law. 4. The membership in the Constitutional Council is incompatible with the office of a member of Parliament, Minister, magistrate, civil servant, member of a political party or leadership of a trade union. Other incompatibilities shall be established by an organic law with regard to the organization and functioning of the Constitutional Council. 5. Members of the Constitutional Council shall be independent and irremovable during their term of office. 6. The Constitutional Council shall have the following main prerogatives: a) to make pronouncements, ex officio or on notification upon the constitutionality of the laws and ordinances issued by the Government on the ground of legislative delegation. The notification to the Constitutional Council shall be made by the President of Romania, by the President of each House of the Parliament, by the Government, the Supreme Court of Justice, one or several Parliamentary Groups, a number of at least 50 Deputies or 25 Senators. The decision of the Constitutional Council shall be communicated to the body that has issued the act. It shall be compulsory and final. b) to make pronouncements, ex officio and obligatorily, upon the constitutionality of organic laws, before the promulgation thereof. The decision of the Constitutional Council shall be compulsory and final; c) to make pronouncements, ex officio and obligatorily, upon the constitutionality of the rules of procedure of the Parliament Houses. The decision of the Constitutional Council shall be compulsory and final; d) to watch over the observance of the procedure for the election of the President of Romania and to confirm the results of the elections; e) to confirm the circumstances to justify the ad-interim exercise of the Presidency of Romania by the President of the Senate; f) to watch over the observance of the procedure for the organization and holding of a referendum, and to finelly confirm the results thereof; g) to decide, in the case of any contest, on the election of Deputies and Senators; h) to decide on contests as to the unconstitutionality of a political party; i) to decide on the matter of a competence conflict between central authorities, or between them and local authorities; j) to perform any other duties provided for in the Constitution or the organic laws. TITLE V: Revision of the Constitution 1. The initiative of revision of the Constitution belongs to the President of Romania, on the proposal of the Government, of a number of at least 50 Deputies or 25 Senators, of the Constitutional Council, as well as of a number of at least 300,000 citizens with the right to vote. The draft or proposal of revision shall be adopted by the Parliament, on a joint sitting of both Houses, with a majority of at least two thirds of the total number of the members of Parliament. The revision shall be final after its passing by a referendum, held within 30 days, at the most, from the date the draft or proposal of revision has been adopted by the Parliament. 2. The provisions of the present Constitution with regard to the unitary structure of the State, its territorial integrity, the democratic form of government, the independence of justice, political pluralism, the restriction of fundamental citizens' rights and the guarantee thereof shall not make the object of any revision. 3. No proposal of revision shall be accepted or debated upon for the duration of a state of siege or emergency. TITLE VI: Final and Transitory Provisions 1. The Constitution of August 21, 1965 shall be annulled on the day this Constitution comes into force. Laws and any other normative acts shall remain in force in so far they are not contradictory to this Constitution. 2. The institutions of the Republic existing on the date of coming into force of this Constitution shall remain in operation until the setting up of the new institutions. The Assembly of Deputies and the Senate shall carry on their activity in accordance with their own rules of procedure and other regulations with regard to the functioning of the Parliament and the statute of Parliamentarians, in force at the date of adoption of this Constitution. 3. Within six months from the coming into force of this Constitution, the Constitutional Council, the Superior Council of the Judiciary, and the Court of Audit shall be set up; a new law on the judiciary organization, the law with regard to the statute of the Defender of the people shall be passed and local elections shall be held. 4. The Legislative Council shall examine, within 12 months from the date of its setting up, the conformity of the legislation in force with this Constitution ,and shall accordingly make proposals to the Assembly of Deputies. 5. This Constitution shall come into force after its adoption by a referendum. The referendum shall take place within 30 days from the passing of the Draft Constitution by the Constituent Assembly.