{ Adopted on: 8 Dec 1991 }
{ Last Amendment: Oct 2003 }
{ ICL Document Status: 22 April 2022 }

{ Editor's Note
The current ICL edition of the Constitution is based on the official text provided to the public by the Government. }

 

Title I  General Principles

 
Article 1  Romanian State
(1) Romania is a sovereign, independent, unitary, and indivisible Nation State.
(2) The form of government of the Romanian State is a Republic.
(3) Romania is a democratic and social State governed by the rule of law, in which human dignity, the citizens' rights and freedoms, the free development of 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 based on the principle of the separation and balance of powers -legislative, executive, and judicial - within the framework of constitutional democracy.
(5) In Romania, the observance of the Constitution, its supremacy and the laws are mandatory.
 
Article 2  Sovereignty
(1) The national sovereignty resides within the Romanian people, that exercises it by means of their representative bodies, resulting from free, periodical and fair elections, as well as by referendum.
(2) No group or person may exercise sovereignty in one's own name.
 
Article 3  Territory
(1) The territory of Romania is inalienable.
(2) The frontiers of the country are sanctioned by an organic law, with the observance of the principles and other generally recognized regulations of international law.
(3) The territory is organized administratively into communes, towns and counties.  Some towns are declared municipalities, according to the provisions of the law.
(4) No foreign populations may be displaced or colonized on the territory of the Romanian State.
 
Article 4  Unity of the People and Equality Among Citizens
(1) The State foundation is laid on the unity of the Romanian people and solidarity of its citizens.
(2) Romania is the common and indivisible homeland of all its citizens, without any discrimination on account of race, nationality, ethnic origin, language, religion, sex, opinion, political adherence, property or social origin.
 
Article 5  Citizenship
(1) Romanian citizenship can be acquired, retained or lost as provided by the organic law.
(2) Romanian citizenship cannot be withdrawn if acquired by birth.
 
Article 6  Right to Identify
(1) The State recognizes and guarantees the right of persons belonging to national minorities to the preservation, development, and expression of their ethnic, cultural, linguistic, and religious identity.
(2) The protection measures taken by the Romanian State for the preservation, development, and expression of identity of the persons belonging to national minorities conform to the principles of equality and non-discrimination in relation to the other Romanian citizens.
 
Article 7  Romanians living Abroad
The State supports the strengthening of links with the Romanians living abroad and acts accordingly for the preservation, development and expression of their ethnic, cultural, linguistic and religious identity, with the observance of the legislation of the State of whose citizens they are.
 
Article 8  Pluralism and Political Parties
(1) Pluralism in the Romanian society is a condition and guarantee of constitutional democracy.
(2) Political parties are constituted and pursue their activities in accordance with the law.  They contribute to the definition and expression of the political will of the citizens, while observing national sovereignty, territorial integrity, the legal order, and the principles of democracy.
 
Article 9  Trade Unions, Employers' Associations, and Vocational Associations
Trade unions, employers' associations, and vocational associations are established and carry out their activity according to their statutes, according to the law. They contribute to the protection of rights and the promotion of their members' vocational, economic, and social interests.
 
Article 10  International Relations
Romania fosters and develops peaceful relations with all the states, and, in this context, good neighbourly relations, based on the principles and other generally recognized provisions of international law.
 
Article 11  International Law and National Law
(1) The Romanian State pledges to fulfill as such and in good faith its obligations as deriving from the treaties it is a party to.
(2) Treaties ratified by Parliament, according to the law, are part of national law.
(3) If a treaty Romania is to become a party to comprises provisions contrary to the Constitution, its ratification only takes place 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 from the flag-pole: blue, yellow, red.
(2) The National Day of Romania is the 1st of December.
(3) The national anthem of Romania is "Awake, Romanians."
(4) The country's coat of arms and the State's 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 the Municipality of Bucharest.
 

Title II  Fundamental Rights, Freedoms and Duties

 

Chapter I  Common Provisions

 
Article 15  Universality
(1) All citizens enjoy the rights and freedoms granted to them by the Constitution and other laws, and have the duties laid down thereby.
(2) The law acts only for the future, with the exception of the more favorable criminal or administrative law.
 
Article 16  Equality of Rights
(1) Citizens are equal before the law and public authorities, without any privilege or discrimination.
(2) No one is above the law.
(3) Access to public, civil, or military positions or dignities may be granted, according to the law, to persons whose citizenship is Romanian and whose domicile is in Romania. The Romanian State guarantees equal opportunities for men and women to occupy such positions and dignities.
(4) After Romania's accession to the European Union, the Union's citizens who comply with the requirements of the organic law have the right to elect and be elected to the local public administration bodies.
 
Article 17  Romanian Citizens while Abroad
Romanian citizens while abroad enjoy the protection of the Romanian State and are bound to fulfill their duties, with the exception of those incompatible with their absence from the country.
 
Article 18  Aliens and Stateless Persons
(1) Aliens and stateless persons living in Romania enjoy general protection of persons and assets, as guaranteed by the Constitution and other laws.
(2) The right of asylum is granted and withdrawn under the provisions of the law, in compliance with the international treaties and covenants Romania is a party to.
 
Article 19  Extradition and Expulsion
(1) No Romanian citizen is extradited or expelled from Romania.
(2) By exemption from the provisions of paragraph (1) , Romanian citizens can be extradited based on the international agreements Romania is a party to, according to the law and on a mutual basis.
(3) Aliens and stateless persons may be extradited only in compliance with an international convention or in terms of reciprocity.
(4) Expulsion or extradition is ruled by the Court.
 
Article 20  International Treaties on Human Rights
(1) Constitutional provisions concerning the citizens' rights and liberties are interpreted and enforced in conformity with the Universal Declaration of Human Rights, with the covenants and other treaties Romania is a party to.
(2) Where any inconsistencies exist between the covenants and treaties on fundamental human rights Romania is a party to, and internal laws, the international regulations take precedence, unless the Constitution or national laws comprise more favorable provisions.
 
Article 21  Free Access to Justice
(1) Every person is entitled to bring cases before the courts for the defense of his legitimate rights, liberties, and interests.
(2) The exercise of this right is not restricted by any law.
(3) All parties are entitled to a fair trial and a solution of their cases within a reasonable term.
(4) Administrative special jurisdiction is optional and free of charge.
 

Chapter II  Fundamental Rights and Freedoms

 
Article 22  Right to Life, to Physical and Mental Integrity
(1) The right to life, as well as the right to physical and mental integrity of person are guaranteed.
(2) No one may be subjected to torture or to any kind of inhuman or degrading punishment or treatment.
(3) The death penalty is prohibited.
 
Article 23  Individual Freedom
(1) Individual freedom and security of person are inviolable.
(2) Search, detainment, or arrest of a person is permitted only in the cases and under the procedure provided by law.
(3) Detention does not exceed twenty-four hours.
(4) Preventive custody is ordered by a judge and only in the course of criminal proceedings.
(5) During the criminal proceedings, the preventive custody may only be ordered for 30 days at the most and extended for 30 days at the most each, without the overall length exceeding a reasonable term, and no longer than i80 days.
(6) After the lawsuit has begun, the court is bound, according to the law, to check, on a regular basis and no later than 60 days, the lawfulness and grounds of the preventive custody, and to order at once the release of the defendant if the grounds for the preventive custody have ceased to exist or if the court finds there are no new grounds justifying the continuance of the custody.
(7) The decisions by a court of law on preventive custody may be subject to the legal proceedings stipulated by the law.
(8) Any person detained or arrested is promptly informed, in a language he understands, of the grounds for his detention or arrest, and notified of the charges against him, as soon as practicable; the notification of the charges is made only in the presence of a lawyer of his own choosing or appointed ex officio.
(9) The release of a detained or arrested person is mandatory if the reasons for such steps have ceased to exist, as well as under other circumstances stipulated by the law.
(10) A person under preventive custody has the right to apply for provisional release, under judicial control or on bail.
(11) Any person is presumed innocent till found guilty by a final decision of the court.
(12) Penalties are established or applied only in accordance with and on the grounds of the law.
(13) The freedom deprivation sanction can only be based on criminal grounds.
 
Article 24  Right to Defense
(1) The right to defense is guaranteed.
(2) All throughout the trial, the parties have the right to be assisted by a lawyer of their own choosing or appointed ex officio.
 
Article 25  Freedom of Movement
(1) The right of free movement within the national territory and abroad is guaranteed.  The law lays down the conditions for the exercise of this right.
(2) Every citizen is guaranteed the right to establish his domicile or residence anywhere in the country, to emigrate, and to return to his country.
 
Article 26  Personal and Family Privacy
(1) The public authorities respect and protect the intimate, family, and private life.
(2) Any natural person has the right to freely dispose of himself unless by this he infringes on  the rights and freedoms of others, on public order or morals.
 
Article 27  Inviolability of Domicile
(1) The domicile and the residence are inviolable. No one enters and remains in the domicile or residence of a person without his consent.
(2) An exemption from the provisions of paragraph (1) can operate, according to the law, for the following instances:
a) carrying into execution a warrant for arrest or a court decree;
b) removing a risk to someone's life, physical integrity, or a person's assets;
c) defending national security or public order;
d) preventing the spread of an epidemic.
(3) Searches are only ordered by a judge and carried out under the terms and forms stipulated by the law.
(4) Searches during the night are forbidden, except for crimes in flagrante delicto.
 
Article 28  Secrecy of Correspondence
Secrecy of the letters, telegrams and other postal communications, of telephone conversations, and of any other legal means of communication is inviolable.
 
Article 29  Freedom of Conscience
(1) Freedom of thought, opinion, and religious beliefs are not restricted in any form whatsoever.  No one is compelled to embrace an opinion or religion contrary to his own convictions.
(2) Freedom of conscience is guaranteed; it must be manifested in a spirit of tolerance and mutual respect.
(3) All religions are free and organized in accordance with their own statutes, under the terms laid down by law.
(4) Any forms, means, acts, or actions of religious enmity are prohibited in the relationships among the cults.
(5) Religious cults are autonomous from the State and enjoy support from it, including the facilitation of religious assistance in the army, in hospitals, prisons, homes, and orphanages.
(6) Parents or legal tutors have the right to ensure, in accordance with their own convictions, the education of the minor children whose responsibility devolves on them.
 
Article 30  Freedom of Expression
(1) Freedom of expression of thoughts, opinions, or beliefs, and freedom of any creation, by words, in writing, in pictures, by sounds, or other means of communication in public are inviolable.
(2) Any censorship is prohibited.
(3) Freedom of the press also involves the free setting up of publications.
(4) No publication is suppressed.
(5) The law may impose upon the mass media the obligation to publicize their financing source.
(6) Freedom of expression is not prejudicial to the dignity, honor, and privacy of person, and the right to one's own image.
(7) Any defamation of the country and the nation, any instigation to a war of aggression, to national, racial, class or religious hatred, any incitement to discrimination, territorial separatism, or public violence, as well as any obscene conduct contrary to morality are prohibited by law.
(8) Civil liability for any information or creation made public falls upon the publisher or producer, the author, the producer of the artistic performance, the owner of the copying facilities, radio or television station, under the terms laid down by law. Indictable offenses of the press are established by law.
 
Article 31  Right to Information
(1) A person's right of access to any information of public interest is not restricted.
(2) The public authorities, according to their competence, are bound to provide correct information to the citizens in public affairs and matters of personal interest.
(3) The right to information is not prejudicial to the protection of young people or  national security.
(4) Public and private media are bound to provide correct information to the public opinion.
(5) Public radio and television services are autonomous.  They must guarantee any important social and political group the exercise of the right to broadcasting time.  The organization of these services and the parliamentary control over their activity is regulated by an organic law.
 
Article 32  Right to Education
(1) The right to education is provided by the compulsory general education, by education in high schools and vocational schools, by higher education, as well as other forms of instruction and postgraduate improvement.
(2) Education at all levels is carried out in Romanian.  Education may also be carried out in a foreign language of international use, under the terms laid down by law.
(3) The right of persons belonging to national minorities to learn their mother tongue, and their right to be educated in this language are guaranteed; the ways to exercise these rights is regulated by law.
(4) State education is free, according to the law. The State grants social scholarships to children or young people coming from disadvantaged families and to those institutionalized, as stipulated by the law.
(5) Education at all levels takes place in state, private, or confessional institutions, according to the law.
(6) The autonomy of the Universities is guaranteed.
(7) The State ensures the freedom of religious education, in accordance with the specific requirements of each religious cult.  In public schools, religious education is organized and guaranteed by law.
 
Article 33  Access to Culture
(1) The access to culture is guaranteed under the law.
(2) A person's freedom to develop his/her spirituality and to get access to the values of national and universal culture is not limited.
(3) The State must make sure that spiritual identity is preserved, national culture is supported, arts are stimulated, cultural legacy is protected and preserved, contemporary creativity is developed, and Romania's cultural and artistic values are promoted throughout the world.
 
Article 34  Right to Protection of Health
(1) The right to the protection of health is guaranteed.
(2  The State is bound to take measures to ensure public hygiene and health.
(3) The organization of the medical care and social security system in case of sickness accidents, maternity, and recovery, the control over the exercise of medical professions and paramedical activities, as well as other measures to protect physical and mental health of person are established according to the law.
 
Article 35  Right to a Healthy Environment
(1) The State acknowledges the right of every person to a healthy, well preserved and balanced environment.
(2) The State provides the legislative framework for the exercise of such right.
(3) Natural and legal entities are bound to protect and improve the environment.
 
Article 36  Right to Vote
(1) Every citizen having turned eighteen up to or on the election day has the right to vote.
(2) The mentally deficient or alienated persons, laid under interdiction, as well as the persons disenfranchised by a final decision of the court cannot vote.
 
Article 37  Right to Be Elected
(1) Eligibility is granted to all citizens having the right to vote, who meet the requirements in Article 16 (3), unless they are forbidden to join a political party, in accordance with Article 40 (3).
(2) Candidates must have turned, up to or on the election day, at least twenty-three in order to be elected to the Chamber of Deputies or the bodies of local public administration, at least thirty-three in order to be elected to the Senate, and at least thirty-five in order to be elected to the office of President of Romania.
 
Article 38  Right to Be Elected to the European Parliament
After Romania's accession to the European Union, Romanian citizens have the right to elect and be elected to the European Parliament.
 
Article 39  Freedom of Assembly
Public meetings, processions, demonstrations, or any other assembly are free and may be organized and held only peacefully, without arms of any kind whatsoever.
 
Article 40  Right of Association
(1) Citizens may freely associate into political parties, trade unions, employers' associations, and other forms of association.
(2) The political parties or organizations which, by their aims or activity, militate against political pluralism, the principles of a State governed by the rule of law, or against the sovereignty, integrity, or independence of Romania are unconstitutional.
(3) Judges of the Constitutional Court, the Advocates of the People, magistrates, active members of the Armed Forces, policemen, and other categories of civil servants, established by an organic law, may not join political parties.
(4) Secret associations are prohibited.
 
Article 41  Labor and Social Protection of Labor
(1) The right to work is not restricted.  Everyone has the free choice of his/her profession, trade or occupation, as well as work place.
(2) All employees have the right to measures of social protection. These concern employees' safety and health, working conditions for women and young people, the setting up of a minimum gross salary per economy, weekends, paid rest leave, work performed under difficult and special conditions, as well as other specific conditions, as stipulated by the law.
(3) The normal duration of a working day is of maximum eight hours, on the average.
(4) On equal work with men, women get equal wages.
(5) The right to collective labor bargaining and the binding force of collective agreements is guaranteed.
 
Article 42  Prohibition of Forced Labor
(1) Forced labor is prohibited.
(2) Forced labor does not include:
a) activities of doing the military service, as well as activities performed in lieu thereof, according to the law, due to religious or conscience-related reasons;
b) the work of a sentenced person, carried out under normal conditions, during detention or conditional release; and
c) any services required to deal with a calamity or any other danger, as well as those which are part of normal civil obligations as established by law.
 
Article 43  Right to Strike
(1) The employees have the right to strike in the defense of their professional, economic, and social interests.
(2) The law regulates the conditions and limits governing the exercise of this right as well as the guarantees necessary to ensure the essential services for the society.
 
Article 44  Right of Private Property
(1) The right of property, as well as the debts incurring on the State are guaranteed. The content and limitations of these rights are established by law.
(2) Private property is equally guaranteed and protected by the law, irrespective of its owner. Foreign citizens and stateless persons only acquire the right to private property of land under the terms resulting from Romania's accession to the European Union and other international treaties Romania is a party to, on a mutual basis, under the terms stipulated by an organic law, as well as a result of lawful inheritance.
(3) No one is expropriated, except on grounds of public utility, established according to the law, against just compensation paid in advance.
(4) The nationalization or any other measures of forcible transfer of assets to public property based on the owners' social, ethnic, religious, political, or other discriminatory features.
(5) For projects of general interest, the public authorities are entitled to use the subsoil of any real estate with the obligation to pay compensation to its owner for the damages caused to the soil, plantations or buildings, as well as for other damages imputable to these authorities.
(6) Compensation provided under paragraphs (3) and (5) is agreed upon with the owner, or by the decision of the court when a settlement cannot be reached.
(7) The right of property compels to the observance of duties relating to environmental protection and ensurance of neighbourliness, as well as of other duties incumbent upon the owner, in accordance with the law or custom.
(8) Legally acquired assets are not confiscated. Legality of acquirement is presumed.
(9) Any goods intended for, used or resulting from a criminal or minor offence may be confiscated only in accordance with the provisions of the law.
 
Article 45  Economic Freedom
Free access of persons to an economic activity, free enterprise, and their exercise under the law are guaranteed.
 
Article 46  Right of Inheritance
The right of inheritance is guaranteed.
 
Article 47  Living Standard
(1) The State is bound to take measures of economic development and social protection, of a nature to ensure a decent living standard for its citizens.
(2) Citizens have the right to pensions, paid maternity leave, medical care in public health centres, unemployment benefits, and other forms of public or private social securities, as stipulated by the law. Citizens have the right to social assistance, according to the law.
 
Article 48  Family
(1) The Family is founded on the freely consented marriage of the spouses, their full equality, as well as the right and duty of the parents to ensure the upbringing, education, and instruction of their children.
(2) The terms for entering into marriage, dissolution, and nullity of marriage are established by law. Religious wedding may be celebrated only after civil marriage.
(3) Children born out of wedlock are equal before the law with those born in wedlock.
 
Article 49  Protection of Children and Young People
(1) Children and the young enjoy special protection and assistance in the pursuit of their rights.
(2) The State grants state allowances for children and benefits for the care of ill or disabled children. Other forms of social protection for children and the young are established by law.
(3) The exploitation of minors, their employment in activities that might be harmful to their health, or morals, or endanger their life and normal development are prohibited.
(4) Minors under the age of fifteen may not be employed for any paid labor.
(5) The public authorities are bound to contribute to secure the conditions towards the free participation of young people in the political, social, economic, cultural, and sporting life of the country.
 
Article 50  Protection of Disabled Persons
Disabled persons enjoy special protection. The State provides the accomplishment of a national policy of equal opportunities, disability prevention and treatment, so that disabled persons can effectively participate in community life, while observing the rights and duties of their parents or legal guardians.
 
Article 51  Right of Petition
(1) Citizens have the right to address the public authorities by petitions formulated only in the name of the signatories.
(2) Legally established organizations have the right to forward petitions, exclusively on behalf of the collective body they represent.
(3) The exercise of the right of petition is exempt from tax.
(4) The public authorities are bound to answer to petitions within the time limits and under the conditions established by law.
 
Article 52  Right of a Person Aggrieved by a Public Authority
(1) Any person aggrieved in his/her legitimate rights or interests by a public authority, by means of an administrative act or by the failure of a public authority to solve his/her application within the lawful time limit, is entitled to the acknowledgement of his/her claimed right or legitimate interest, the annulment of the act and reparation for the damage.
(2) The conditions and limits on the exercise of this right are regulated by an organic law.
(3) The State bears patrimony liability for any prejudice caused as a result of judicial errors. The State liability is assessed according to the law and does not eliminate the liability of the magistrates having exercised their mandate in ill will or grave negligence.
 
Article 53  Restriction on the Exercise of Certain Rights or Freedoms
(1) The exercise of certain rights or freedoms may only be restricted by law, and only if necessary, as the case may be, for: the defense of national security, of public order, health, or morals, of the citizens' rights and freedoms; conducting a criminal investigation; preventing the consequences of a natural calamity, disaster, or an extremely severe catastrophe.
(2) Such restriction is only ordered if necessary in a democratic society. The measure is proportional to the situation having caused it, applied without discrimination, and without infringing on the existence of such right or freedom.
 

Chapter III  Fundamental Duties

 
Article 54  Faithfulness Towards the Country
(1) Faithfulness towards the country is sacred.
(2) Citizens holding public offices, as well as the military, are liable for the loyal fulfillment of the obligations they are bound to, and, for this purpose, take the oath as requested by law.
 
Article 55  Defense of the Country
(1) Citizens have the right and duty to defend Romania.
(2) The terms for doing the military service are set up in an organic law.
(3) Citizens may be conscripted from the age of 20 and up to the age of 35, except for volunteers, under the terms of the applicable organic law.
 
Article 56  Financial Contributions
(1) Citizens are under the obligation to contribute to public expenditure, by taxes and duties.
(2) The legal taxation system must ensure a fair distribution of the tax burden.
(3) Any other dues are prohibited, save those determined by law, under exceptional circumstances.
 
Article 57  Exercise of Rights and Freedoms
Romanian citizens, aliens and stateless persons exercise their constitutional rights and freedoms in good faith, without any infringement of the rights and liberties of others.
 

Chapter IV  Advocate of the People

 
Article 58  Appointment and Role
(1) The Advocate of the People is appointed for a term of office of 5 years, in order to defend the natural persons' rights and freedoms. The Advocate of the People's deputies is specialized per fields of activity.
(2) The Advocate of the People and his/her deputies do not perform any other public or private office, except for teaching positions in higher education.
(3) The organization and functioning of the Advocate of the People institution are regulated by an organic law.
 
Article 59  Exercise of Powers
(1) The Advocate of the People exercises his powers ex officio or at the request of persons aggrieved in their rights and freedoms, within limits established by law.
(2) It is binding upon the public authorities to give the Advocate of the People the necessary support in the exercise of his powers.
 
Article 60  Report before Parliament
The Advocate of the People reports before the two Parliament Chambers, annually or on request thereof.  The reports may contain recommendations on legislation or measures of any other nature for the defense of the citizens' rights and freedoms.
 

Title III  Public Authorities

 

Chapter I  Parliament

 

Section 1  Organization and Functioning

 
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 consists of the Chamber of Deputies and the Senate.
 
Article 62  Election of the Chambers
(1) The Chamber of Deputies and the Senate are elected by universal, equal, direct, secret, and free suffrage, in accordance with the electoral law.
(2) Organizations of citizens belonging to national minorities, which fail to obtain the number of votes for representation in Parliament, have the right to one Deputy seat each, under the terms of the electoral law.  Citizens of a national minority are entitled to be represented by one organization only.
(3) The number of Deputies and Senators is established by the electoral law, in proportion to the population of Romania.
 
Article 63  Term of Office
(1) The Chamber of Deputies and the Senate are elected for a term of office of 4 years, which may be extended de jure in the event of a mobilization, war, siege, or emergency, until such event has ceased to exist. 
(2) Elections to the Chamber of Deputies and the Senate are held within three months from the expiration of the term of office or Parliament dissolution.
(3) The newly elected Parliament meets upon convening by the President of Romania, within twenty days after elections.
(4) The Chambers' term of office is prolonged until the new Parliament legally meets.  During this period, the Constitution does not undergo any revision, nor is any organic law passed, amended, or abrogated.
(5) Bills or legislative proposals entered on the agenda of the preceding Parliament are carried over into the session of the new Parliament.
 
Article 64  Organizational Structure
(1) The organization and functioning of each Chamber are regulated by its own Standing Orders.  Financial resources of the Chambers are provided for in the budgets approved by them.
(2) Each Chamber elects its Standing Bureau.  The President of the Chamber of Deputies and the President of the Senate are elected for the Chambers' term of office.  The other members of the Standing Bureaus are elected at the opening of each session.  The members of the Standing Bureaus may be dismissed before the expiration of the term of office.
(3) Deputies and Senators may be organized into Parliamentary Groups according to the Standing Orders of each Chamber.
(4) Each Chamber sets up Standing Committees and may institute inquiry or other special committees.  The Chambers may set up joint committees.
(5) The Standing Bureaus and Parliamentary Committees are made up so as to reflect the political spectrum of each Chamber.
 
Article 65  Sittings of the Chambers
(1) The Chamber of Deputies and the Senate meet in separate sittings.
(2) The Chambers may also meet in joint sittings, based on the regulations passed by a majority vote of the Deputies and Senators, in order:
a) to receive the message of the President of Romania;
b) to approve the State Budget and the State social security budget;
c) to declare general or partial mobilization;
d) to declare a state of war;
e) to suspend or terminate armed hostilities;
f) to approve the national strategy of homeland defense;
g) to examine reports of the Supreme Council of National Defense;
h) to appoint, based on proposals by the President of Romania, the directors of the intelligence services, and to exercise control over the activity of such services;
i) to appoint the Advocate of the People;
j) to establish the status of the Deputies and Senators, their emoluments, and other rights;
k) to fulfill any other prerogatives, which - in accordance with the Constitution or the Standing Orders - are exercised in a joint sitting.
 
Article 66  Sessions
(1) The Chamber of Deputies and the Senate meet in two ordinary sessions every year.  The first session begins in February and is due to last by the end of June at the latest.  The second session begins in September and is due to last by the end of December at the latest.
(2) The Chamber of Deputies and the Senate may also meet in extraordinary sessions, at the request of the President of Romania, the Standing Bureau of each Chamber or of at least one third of the number of Deputies or Senators.
(3) Each Chamber is convened by its President.
 
Article 67  Acts of Parliament and Legal Quorum
The Chamber of Deputies and the Senate pass laws, and carry resolutions and motions, in the presence of the majority of their members.
 
Article 68  Publicity of Sittings
(1) The sessions of both Chambers are public.
(2) The Chambers may decide that certain sessions be secret.
 

Section 2  Status of Deputies and Senators

 
Article 69  Representative Mandate
(1) In the exercise of their mandate Deputies and Senators are in the service of the people.
(2) Any imperative mandate is null.
 
Article 70  Term of Office of Deputies and Senators
(1) Deputies and Senators begin the exercise of their office on the day the Chamber whose members they are has lawfully met, on condition the election is validated and the oath is taken. The form of the oath is regulated by an organic law.
(2) The capacity as a Deputy or Senator ceases on the same day the newly elected Chambers legally meet, or in a case of resignation, disenfranchisement, incompatibility, or death.
 
Article 71  Incompatibilities
(1) No one may be a Deputy and a Senator at one and the same time.
(2) The capacity as a Deputy or Senator is incompatible with the exercise of any public office in authority, with the exception of Government membership.
(3) Other incompatibilities are established by organic law.
 
Article 72  Parliamentary Immunity
(1) No Deputy or Senator may be held judicially accountable for the votes cast or the political opinions expressed while exercising their office.
(2) The Deputies and Senators may be subject to criminal investigation, or criminally prosecuted for acts that are not connected with their votes or their political opinions expressed in the exercise of their office, but may not be searched, detained or arrested without the consent of the Chamber they belong to, after being heard. The investigation and prosecution may only be carried out by the Public Prosecutor's Office attached to the High Court of Cassation and Justice. The High Court of Cassation and Justice have jurisdiction over this case.
(3) If caught in the act, Deputies or Senators may be detained and searched. The Minister of Justice informs without delay the president of the Chamber in question on the detainment and search. If, after being notified, the Chamber in question finds there are no grounds for the detainment, it orders the annulment of such a measure at once.
 

Section 3  Legislation

 
Article 73 Classes of Laws
(1) Parliament passes constitutional, organic, and ordinary laws.
(2) Constitutional laws are pertaining to the revision of the Constitution.
(3) Organic laws regulate:
a) the electoral system; the organization and functioning of the Permanent Electoral Authority;
b) the organization, functioning, and financing of political parties;
c) the statute of Deputies and Senators, the establishment of their emoluments and other rights;
d) the organization and holding of referendum;
e) the organization of the Government and of the Supreme Council of National Defence;
f) the state of partial or total mobilization of the armed forces and the state of war;
g) the state of siege and emergency;
h) criminal offences, penalties, and the execution thereof;
i) the granting of amnesty or collective pardon;
j) the statute of public servants;
k) the contentious business falling within the competence of administrative courts;
l) the organization and functioning of the Superior Council of Magistracy, the courts of law, the Public Ministry, and the Court of Audit;
m) the general legal status of property and inheritance;
n) the general organization of education;
o) the organization of local public administration, territory, as well as the general rules on local autonomy;
p) the general rules covering labor relations, trade unions, employers' associations, and social protection;
r) the status of national minorities in Romania;
s) the general statutory rules of religious cults;
t) the other fields for which the Constitution stipulates the enactment of organic laws.
 
Article 74  Legislative Initiative
(1) A legislative initiative lies, as the case may be, with the Government, Deputies, Senators, or a number of at least 100,000 citizens entitled to vote. The citizens who exercise their right to a legislative initiative must belong to at least one quarter of the country's counties, while, in each of those counties or the Municipality of Bucharest, at least 5,000 signatures should be registered in support of such initiative.
(2) A legislative initiative of the citizens may not touch on matters concerning taxation, international affairs, amnesty or pardon.
(3) The Government exercises its legislative initiative by introducing bills to the Chamber having competence for its adoption, as a first notified Chamber.
(4) Deputies, Senators and citizens exercising the right of legislative initiative may present proposals only in the form required for bills.
(5) Legislative proposals are first submitted to the Chamber having competence for its adoption, as a first notified Chamber.
 
Article 75  Notification of the Chambers
(1) The Chamber of Deputies, as a first notified Chamber, debates and adopts the bills and legislative proposals for the ratification of treaties or other international agreements and the legislative measures deriving from the implementation of such treaties and agreements, as well as bills of the organic laws stipulated under article 31 (5) , article 40 (3) , article 55 (2) , article 58 (3) , article 73 (3) e) , k) , 1) , n) , o) , article 79 (2) , article 102 (3) , article 105 (2) , article 117 (3) , article 118 (2) and (3) , article 120 (2) , article 126 (4) and (5) , and article 142 (5) . The other bills or legislative proposals are submitted to the Senate, as a first notified Chamber, for debate and adoption.
(2) The first notified Chamber pronounces within 45 days. For codes and other extremely complex laws, the time limit will be 60 days. If such time limits are exceeded, it is deemed that the bill or legislative proposal has been adopted.
(3) After the first notified Chamber adopts or repeals it, the bill or legislative proposal is sent to the other Chamber, which will make a final decision.
(4) In the event the first notified Chamber adopts a provision which, under paragraph (1) , belongs to its decision-making competence, the provision is adopted as final if the other Chamber also adopts it. Otherwise, for the provision in question only, the bill is returned to the first notified Chamber, which will make a final decision in an emergency procedure.
(5) The provisions of paragraph (4) concerning the bill being returned also apply accordingly if the decision-making Chamber should adopt a provision for which the decision-making competence belongs to the first Chamber.
 
Article 76  Passing of Bills and Resolutions
(1) Organic laws and resolutions concerning the Standing Orders of each Chamber are passed by the majority vote of each Chamber.
(2) Ordinary laws and resolutions are passed by the majority vote of the members present in each Chamber.
(3) At the request by the Government or on its own initiative, Parliament may pass bills or legislative proposals under an emergency procedure, established in accordance with the Standing Orders of each Chamber.
 
Article 77  Promulgation of Laws
(1) A law is submitted for promulgation to the President of Romania.  Promulgation is given within twenty days after receipt of the law.
(2) Before promulgation, the President of Romania may return the law to Parliament for reconsideration, and he may do so only once.
(3) In case the President has requested that the law be reconsidered or a review has been asked about its conformity with the Constitution, promulgation is made within ten days from receiving the law passed after its reconsideration, or the decision of the Constitutional Court confirming its constitutionality.
 
Article 78  Coming into Force of Laws
Laws are published in the Official Gazette of Romania and come into force 3 days after its publication date, or on subsequent stipulated in its text.
 
Article 79  Legislative Council
(1) The Legislative Council is an advisory expert body of Parliament, that advises draft normative acts for the purpose of a systematic unification and coordination of the whole body of laws. It keeps the official record of the legislation of Romania.
(2) The setting up, organization, and functioning of the Legislative Council are regulated by an organic law.
 

Chapter II  The President of Romania

 
Article 80  The President of Romania
(1) The President of Romania represents the Romanian State and is the safeguard of the national independence, unity and territorial integrity of the country.
(2) The President of Romania guards the observance of the Constitution and the proper functioning of the public authorities. To this effect, he acts as a mediator between the Powers in the State, as well as between the State and society.
 
Article 81  Election of the President
(1) The President of Romania is elected by universal, equal, direct, secret, and free suffrage.
(2) The candidate who, in the first ballot, obtained a majority of votes of the electors entered on the electoral lists is declared elected.
(3) In the case that no candidate has obtained such a majority, a second ballot is held between the first two candidates highest in the order of the number of votes cast for them in the first ballot. The candidate having the greatest number of votes is declared elected.
(4) No one may hold the office of President of Romania but for two terms at the most, that can also be consecutive.
 
Article 82  Validation of Mandate and Oath-Taking
(1) The election returns for the Presidency of Romania are validated by the Constitutional Court.
(2) The candidate whose election has been validated takes before the Chamber of Deputies and the Senate, in a joint session, the following oath:
"I solemnly swear that I will dedicate all strength and the best of my ability for the spiritual and material welfare of the Romanian people, to abide by the Constitution and laws of the Country, to defend democracy, the fundamental rights and freedoms of my fellow-citizens, Romania's sovereignty, independence, unity, and territorial integrity. So help me God!"
 
Article 83  Term of Office
(1) The term of office of the President of Romania is five years, being exercised from the date the oath was taken.
(2) The President of Romania exercises his office until the new President-elect takes the oath.
(3) The term of office of the President of Romania may be prolonged, by an organic law, in the event 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 any political party, nor may he perform any other public or private office.
(2) The President of Romania enjoys immunity.  Provisions under Article 72 (1) apply accordingly.
 
Article 85  Appointment of the Government
(1) The President of Romania designates a candidate to the office of Prime Minister and appoint the Government on the basis of the vote of confidence of Parliament.
(2) In the event of government reshuffle or vacancy of office, the President dismisses and appoints, on the proposal of the Prime Minister, some members of the Government.
(3) If, through the reshuffle proposal, the political structure or composition of the Government is changed, the President of Romania is only entitled to exercise the power stipulated under paragraph (2) based on the Parliament's approval, granted following the proposal of the Prime Minister.
 
Article 86  Consultation with the Government
The President of Romania may consult with the Government about urgent, extremely important matters.
 
Article 87  Participation in Meetings with the Government
(1) The President of Romania may participate in the meetings of the Government debating upon matters of national interest with regard to foreign policy, the defense of the country, ensurance of public order, and at the Prime Minister's request, in other instances as well.
(2) The President of Romania presides over the Government meetings he participates in.
 
Article 88  Messages
The President of Romania addresses Parliament by messages on the main political issues of the Nation.
 
Article 89  Dissolution of Parliament
(1) After consultation with the Presidents of both Chambers and the leaders of the Parliamentary groups, the President of Romania may dissolve the Parliament, if no vote of confidence has been obtained to form a government within 60 days after the first request was made, and only after rejection of at least two requests for investiture.
(2) During the same year, Parliament can be dissolved only once.
(3) Parliament cannot be dissolved during the last six months of the term of office of the President of Romania, nor can it be dissolved during a state of mobilization, war, siege or emergency.
 
Article 90  Referendum
The President of Romania may, after consultation with Parliament, ask the people of Romania to express, by referendum, its will on matters of national interest.
 
Article 91  Powers in Matters of Foreign Policy
(1) The President, in the name of Romania, concludes international treaties negotiated by the Government, and then submits them to Parliament for ratification, within a reasonable time limit. The other treaties and international agreements are concluded, approved, or ratified according to the procedure set up by law.
(2) The President, on proposal by the Government, accredits and recalls diplomatic envoys of Romania, and approves the setting up, closing down, or change in rank of diplomatic missions.
(3) Diplomatic envoys of other states are accredited to the President of Romania.
 
Article 92  Powers in Matters of Defense
(1) The President of Romania is Commander-in-Chief of the Armed Forces and presides over the Supreme Council of National Defense
(2) He may declare, with prior approval of Parliament, partial or general mobilization of the Armed Forces.  Only in exceptional cases is the decision of the President  subsequently submitted for approval to Parliament, within five days from adoption thereof.
(3) In the event of an armed aggression against the country, the President of Romania takes measures to repel the aggression, and he promptly brings them to the cognizance of Parliament by a message.  If Parliament does not sit in a session, it is convened de jure, within 24 hours from the outbreak of the aggression.
(4) In the event of mobilization or war, the Parliament pursues its activity throughout the length of such states, and, if not in session already, it is de jure convened within 24 hours after such a state has been declared.
 
Article 93  Emergency Measures
(1) The President of Romania, according to the law, institutes the state of siege or state of emergency in the entire country or in some territorial-administrative units, and asks for the Parliament's approval for the measure adopted, within 5 days of the date of taking it, at the latest.
(2) If Parliament does not sit in a session, it is convened de jure within 48 hours from the institution of the state of siege or emergency, and functions throughout this state.
 
Article 94  Other Powers
The President of Romania also has the following powers:
a) to confer decorations and titles of honor;
b) to make promotions to the ranks of marshal, general, and admiral;
c) to make appointments to public offices, under the terms provided by law;
d) to grant individual pardon.
 
Article 95  Suspension from Office
(1) In case of having committed grave acts infringing upon Constitutional provisions, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in joint session, by a majority vote of Deputies and Senators, and after consultation with the Constitutional Court.  The President may explain before Parliament with regard to imputations brought against him.
(2) The proposal of suspension from office may be initiated by at least one third of the number of Deputies and Senators, and the President is immediately notified thereof.
(3) If the proposal of suspension from office has been approved, a referendum is held within 30 days, in order to remove the President from office.
 
Article 96  Impeachment
(1) The Chamber of Deputies and the Senate may decide the impeachment of the President of Romania for high treason, in a joint session, based on the votes of at least two thirds of the number of deputies and senators.
(2) The impeachment proposal may be initiated by a majority of deputies and senators and, without further delay, is notified to the President of Romania, so that he can give explanations about the facts he is being held accountable for.
(3) From the impeachment date and up to the dismissal date, the President is under de jure suspension.
(4) The jurisdiction for judging such cases belongs to the High Court of Cassation and Justice. The President is dismissed de jure on the date the court decree impeaching him is final.
 
Article 97  Vacancy of Office
(1) Vacancy of the office of President of Romania is due upon his resignation, removal from office, permanent impossibility to discharge his powers and duties, or death.
(2) Within three months of the date when the Presidency of Romania fell vacant, the Government organizes elections for a new President.
 
Article 98  Interim of Office
(1) In case of vacancy in the office of President, or if the President be suspended from office or is temporarily incapable to exercise his powers, the interim devolves, in this order, on the President of the Senate or the President of the Chamber of Deputies.
(2) Powers provided for under Articles 88-90 are not exercised by the acting President during the interim of the presidential office.
 
Article 99  Liability of the Acting President
If the person acting as President of Romania has committed grave acts infringing upon Constitutional provisions, Articles 95 and 98 are applied accordingly.
 
Article 100 Acts of the President
(1) In the exercise of his powers, the President of Romania issues decrees, which are published in the Official Gazette of Romania. Absence of publicity entails the non-existence of a decree.
(2) The decrees issued by the President of Romania in the exercise of his powers, as provided for under Article 91 (1) and (2), 92 (2) and (3), 93 (1), and 94 (a), (b) and (d) are countersigned by the Prime Minister.
 
Article 101  Emolument and other Rights
The emolument and other rights of the President of Romania are established by law.
 

Chapter III  The Government

 
Article 102  Role and Structure
(1) The Government, in accordance with its government program accepted by Parliament, ensures the implementation of the domestic and foreign policy of the country and exercises the general management of public administration.
(2) In the exercise of its powers, the Government co-operates with the social bodies concerned.
(3) The Government consists of the Prime Minister, Ministers, and other members as established by an organic law.
 
Article 103  Investiture
(1) The President of Romania designates a candidate to the office of Prime Minister, as a result of his consultation with the party which has obtained absolute majority in Parliament, or - unless such majority exists - with the parties represented in Parliament.
(2) The candidate to the office of Prime Minister, within ten days after his designation, seeks the vote of confidence of Parliament upon the program and complete list of the Government.
(3) The program and list of the Government are debated upon by the Chamber of Deputies and Senate in joint session. Parliament grants confidence to the Government by a majority vote of Deputies and Senators.
 
Article 104  Oath of Allegiance
(1) The Prime Minister, the Ministers, and other members of the Government individually take an oath before the President of Romania, as provided for under Article 82.
(2) The Government as a whole and each of its members exercises the mandate from the date of taking the oath.
 
Article 105  Incompatibilities
(1) Membership of the Government is incompatible with the exercise of any other public office in authority, except the office of a Deputy or Senator.  Likewise, it is incompatible with the exercise of any office of professional representation paid by a trading organization.
(2) Other incompatibilities are established by an organic law.
 
Article 106  Cessation of Membership of the Government
Membership of the Government ceases upon resignation, dismissal, disenfranchisement, incompatibility, death, or in any other cases provided by law.
 
Article 107  Prime Minister
(1) The Prime Minister directs Government actions and co-ordinates activities of its members, under observance of the powers and duties incumbent on them.  Likewise, he submits to the Chamber of Deputies or the Senate reports and statements on Government policy, to be debated with priority.
(2) The President of Romania cannot dismiss the Prime Minister.
(3) If the Prime Minister finds himself in one of the situations stipulated under Article 106, except for him being dismissed, or if it is impossible for him to exercise his powers, the President of Romania designates another member of the Government as Acting Prime Minister, in order to carry out the powers of the Prime Minister, until a new Government is formed. The interim, during the Prime Minister's impossibility to exercise the powers of the said office, ceases if the Prime Minister resumes his activity within the Government.
(4) Provisions under Paragraph (3) apply accordingly to the other members of the Government, on proposal by the Prime Minister, for a period of 45 days, at the most.
 
Article 108  Acts of the Government
(1) The Government adopts Decisions and Ordinances.
(2) Decisions are issued to organize the execution of laws.
(3) Ordinances are issued under a special enabling law, within the limits and in conformity with the provisions thereof.
(4) Decisions and Ordinances adopted by the Government are signed by the Prime Minister, countersigned by the Ministers who are bound to act to carry them into execution, and are published in the Official Gazette of Romania.  Non-publishing entails non-existence of a decision or order. Decisions of a military character are conveyed only to the institutions concerned.
 
Article 109  Responsibility of Members of the Government
(1) The Government is politically responsible for its entire activity only before Parliament.  Each member of the Government is politically and jointly answerable with the others for the activity and acts of the Government.
(2) Only the Chamber of Deputies, the Senate and the President of Romania have the right to demand legal proceedings to be taken against members of the Government for acts committed in the exercise of their office. If such legal proceedings have been requested, the President of Romania may decree that they be suspended from office. Institution of proceedings against a member of the Government entails his suspension from office. The case are within the competence of 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 responsibility.
 
Article 110 End of the Term of Office
(1) The Government exercises its term of office until validation of the general parliamentary elections.
(2) The Government is dismissed on the date Parliament withdraws confidence granted to it, or if the Prime Minister finds himself in one of the situations under Article 106, except for him being dismissed, or in case of his impossibility to exercise his powers for more than 45 days.
(3) ln situations such as under Paragraph (2), provisions of Article 103 apply accordingly.
(4) The Government whose term of office ceased in accordance with Paragraphs (1) and (2) continues to fulfill only the acts required for the administration of public affairs, until the members of the new Government take the oath.
 

Chapter IV  Relations between Parliament and the Government

 
Article 111  Information of Parliament
(1) The Government and other bodies of Public Administration are obliged, within the Parliamentary control over their activity, to present any information and documents requested by the Chamber of Deputies, the Senate, or Parliamentary Committees, through their respective Presidents.  In case a legislative initiative involves amendment of provisions of the State Budget or the State social security budget, the request for information is compulsory.
(2) Members of the Government are entitled to attend the proceedings of Parliament.  If they are requested to be present, participation is compulsory.
 
Article 112  Questions, Interpellations, and Simple Motions
(1) The Government and each of its members are bound to answer to questions or interpellations raised by Deputies or Senators, under the terms stipulated by the regulations of the two Chambers of the Parliament.
(2) The Chamber of Deputies or the Senate may carry a simple motion expressing their position as to a matter of domestic or foreign policy or, as the case may be, a matter having been the subject of an interpellation.
 
Article 113  Motion of Censure
(1) The Chamber of Deputies and the Senate may, in joint session, withdraw confidence granted to the Government, by carrying a motion of censure by a majority vote of the Deputies and Senators.
(2) The motion of censure may be initiated by at least one fourth of the total number of Deputies and Senators, and is notified to the Government upon the date of its tabling.
(3) The motion of censure is debated upon three days after its presentation in the joint session of the Chambers.
(4) If the motion of censure fails to be passed, the Deputies and the Senators who signed it may not submit another one during the same session, except for the case that the Government assumes responsibility in conformity with Article 114.
 
Article 114  Assumption of Responsibility by the Government
(1) The Government may assume responsibility before the Chamber of Deputies and the Senate, in joint session, upon a program, a general policy statement, or a bill.
(2) The Government is dismissed if a motion of censure, tabled within three days from the date of presenting the program, the general policy statement, or the bill, has been passed in accordance with provisions under Article 113.
(3) If the Government has not been dismissed according to paragraph (2) , the bill presented, amended, or completed, as the case may be, with the amendments accepted by the Government, are deemed as passed, and the implementation of the programme or general policy statement becomes binding on the Government.
(4) In case the President of Romania demands reconsideration of the law passed according to Paragraph (3), the debate thereon is carried in the joint sitting of the Chambers.
 
Article 115  Legislative Delegation
(1) Parliament may pass a special law enabling the Government to issue orders in fields outside the scope of organic laws.
(2) The enabling law is compulsorily establish the field and the date up to which orders can be issued.
(3) If the enabling law so requests, ordinances are submitted to Parliament for approval, according to the legislative procedure, until the expiry of the enabling time limit. Non-compliance with the term entails discontinuation of the effects of the ordinance.
(4) The Government can only adopt emergency ordinances in exceptional cases, the regulation of which cannot be postponed, and have the obligation to give the reasons for the emergency status within their contents.
(5) An emergency ordinance only comes into force after it has been submitted for debate in an emergency procedure to the Chamber having the competence to be notified, and after it has been published in the Official Gazette of Romania. If not in session, the Chambers are convened by all means within 5 days after submittal, or, as the case may be, after forwarding. If, within 30 days at the latest of the submitting date, the notified Chamber does not pronounce on the ordinance, the latter is deemed adopted and is sent to the other Chamber, which also makes a decision in an emergency procedure. An emergency ordinance containing norms of the same kind as the organic law must be approved by a majority stipulated under article 76 (1).
(6) Emergency ordinances cannot be adopted in the field of constitutional laws, or affect the status of fundamental institutions of the State, the rights, freedoms and duties stipulated in the Constitution, the electoral rights, and cannot establish steps for transferring assets to public property forcibly.
(7) The ordinances the Parliament has been notified about are approved or rejected in a law which must also contain the ordinance that ceased to be effective according to paragraph (3) .
(8) The law approving or rejecting an ordinance regulates, if such is the case, the necessary steps concerning the legal effects caused while the ordinance was in force.
 

Chapter V  Public Administration

 

Section 1  Specialized Central Public Administration

 
Article 116  Structure
(1) Ministries are organized only in subordination to the Government.
(2) Other specialized agencies may be organized in subordination to the Government or Ministries, or as autonomous administrative authorities.
 
Article 117  Establishment
(1) Ministries are set up, organized, and function in accordance with the law.
(2) The Government and Ministries may, on the authorization of the Court of Audit, set up specialized agencies in their subordination, but only if the law acknowledges the competence thereof.
(3) Autonomous administrative authorities may be established by an organic law.
 
Article 118  The Armed Forces
(1) The Army is exclusively subordinated to the people's will, in order to guarantee the sovereignty, independence and unity of the State, the country's territorial integrity, and the constitutional democracy. Under the law and the international treaties Romania is a party to, the Army contributes to the collective defense in military alliance systems, and participate in peace keeping or peace restoring missions.
(2) The structure of the national defense system, the preparation of the population, economy and territory for defense, as well as the military are regulated by an organic law.
(3) The provisions of paragraphs (1) and (2) 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 can only enter, station, carry out operations, or pass through the Romanian territory under the terms of the law or the international treaties Romania is a party to.
 
Article 119  Supreme Council of National Defense
The supreme Council of National Defense unitarily organizes and co-ordinates the activities concerning the country's defense and security, its participation in international security keeping, and in collective defense in military alliance systems, as well as in peace keeping or restoring missions.
 

Section 2  Local Public Administration

 
Article 120  Basic Principles
(1) The public administration in territorial-administrative units is based on the principles of decentralization, local autonomy, and deconcentration of public services.
(2) In the territorial-administrative units where citizens belonging to a national minority have a significant weight, provision are made for the oral and written use of that national minority's language in the relations with the local public administration authorities and the decentralized public services, under the terms stipulated by the organic law.
 
Article 121  Commune and Town Authorities
(1) The Public Administration authorities, by which local autonomy in communes and towns is implemented, are the Local Councils and Mayors elected, in accordance with the law.
(2) The Local Councils and Mayors act as autonomous administrative authorities and manage public affairs in communes and towns, in accordance with the law.
(3) Authorities under Paragraph (1) may also be constituted in the territorial-administrative subdivisions of municipalities.
 
Article 122  County Council
(1) The County Council is the Public Administration authority coordinating the activity of Commune and Town Councils, to carry out the public services of county interest.
(2) The County Council is elected and functions in accordance with the law.
 
Article 123  The Prefect
(1) The Government appoints a Prefect in each county and in the Bucharest Municipality.
(2) The Prefect is the representative of the Government at a local level and directs the decentralized public services of ministries and other bodies of the central public administration in the territorial-administrative units.
(3) The powers of the Prefect are established by an organic law.
(4) Among the Prefects, on the one hand, the Local Councils and the Mayors, as well as the county councils and their presidents, on the other hand, there are no subordination relationships.
(5) The Prefect may challenge, in the administrative court, an act of the County Council, of a Local Council, or of a Mayor, in case he deems it unlawful. The act thus challenged is suspended de jure.
 

Chapter VI  Judicial Authority

 

Section 1  Courts of Law

 
Article 124  Administration of Justice
(1) Justice is rendered in the name of the law.
(2) Justice is one, impartial, and equal for all.
(3) Judges are independent and subject only to the law.
 
Article 125  Statute of Judges
(1) The judges appointed by the President of Romania are irremovable, according to the law.
(2) The appointment proposals, as well as the promotion, transfer of, and sanctions against judges may only be within the competence of the Superior Council of Magistracy, under the terms of its organic law.
(3) The office of a judge is incompatible with any other public or private office, except for academic activities.
 
Article 126  Courts of Law
(1) Justice is administered by the High Court of Cassation and Justice, and the other courts of law set up by the law.
(2) The jurisdiction of the courts of law and the judging procedure are only stipulated by law.
(3) The High Court of Cassation and Justice provides a unitary interpretation and implementation of the law by the other courts of law, according to its competence.
(4) The composition of the High Court of Cassation and Justice, and the regulation for its functioning are set up in an organic law.
(5) It is prohibited to establish extraordinary courts of law. By means of an organic law, courts of law specialized in certain matters may be set up, allowing the participation, as the case may be, of persons outside the magistracy.
(6) The judicial control of administrative acts of the public authorities, by way of the contentious business falling within the competence of administrative courts, is guaranteed, except for those regarding relations with the Parliament, as well as the military command acts. The administrative courts, judging contentious business have jurisdiction to solve the applications filed by persons aggrieved by statutory orders or, as the case may be, by provisions in statutory orders declared unconstitutional.
 
Article 127  Publicity of Debates
Proceedings are public, except for the cases provided by law.
 
Article 128  Use of Mother Tongue and Interpreter in Court
(1) The legal procedure is conducted in Romanian.
(2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue before the courts of law, under the terms of the organic law.
(3) The ways for exercising the right stipulated under paragraph (2) , including the use of interpreters or translations, are stipulated so as not to hinder the proper administration of justice and not to involve additional expenses to those interested.
(4) Foreign citizens and stateless persons who do not understand or do not speak the Romanian language are entitled to take cognizance of all the file papers and proceedings, to speak in court and draw conclusions, by means of an interpreter; in criminal law suits, this right is ensured free of charge.
 
Article 129  Use of Appeal
Against decisions of the Court, the parties concerned and the Public Ministry may exercise ways of appeal, in accordance with the law.
 
Article 130  Police in the Courts
Courts of law have police placed at their disposal.
 

Section 2  The Public Ministry

 
Article 131  Role of Public Ministry
(1) Within the judicial activity, the Public Ministry represents the general interests of the society, and defends legal order, as well as the citizens' rights and freedoms.
(2) The Public Ministry discharges its powers through public prosecutors, constituted into public prosecutor's offices, in accordance with the law.
(3) The public prosecutor's offices attached to courts of law direct and supervise the criminal investigation activity of the police, according to the law.
 
Article 132  Statute of Public Prosecutors
(1) Public prosecutors carry out their activity in accordance with the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice.
(2) The office of public prosecutor is incompatible with any other public or private office, except for academic activities.
 

Section 3  Superior Council of the Magistracy

 
Article 133  Role and Structure
(1) The Superior Council of Magistracy guarantees the independence of justice.
(2) The Superior Council of Magistracy consists of 19 members, of whom:
a) 14 are elected in the general meetings of the magistrates, and validated by the Senate; they belong to two sections, one for judges and one for public prosecutors; the former section consists of 9 judges, and the latter of 5 public prosecutors;
b) 2 representatives of the civil society, specialists in law, who enjoy a good professional and moral reputation, elected by the Senate; these only participate in plenary proceedings;
c) the Minister of Justice, the president of the High Court of Cassation and Justice, and the general public prosecutor of the Public Prosecutor's Office attached to the High Court of Cassation and Justice.
(3) The president of the Superior Council of Magistracy is elected for one year's term of office, which cannot be renewed, from among the magistrates listed under paragraph (2) a) .
(4) The length of the term of office of the Superior Council of Magistracy members is 6 years.
(5) The Superior Council of Magistracy makes decisions by secret vote.
(6) The President of Romania presides over the proceedings of the Superior Council of Magistracy he takes part in.
(7) Decisions by the Superior Council of Magistracy are final and irrevocable, except for those stipulated under article 144 (2) .
 
Article 134  Powers
(1) The Superior Council of Magistracy proposes to the President of Romania the appointment of judges and public prosecutors, except for the trainees, according to the law.
(2) The Superior Council of Magistracy performs the role of a court of law, by means of its sections, as regards the disciplinary liability of judges and public prosecutors, based on the procedures set up by its organic law. In such cases, the Minister of Justice, the president of the High Court of Cassation and Justice, and the general Public Prosecutor of the Public Prosecutor's Office attached to the High Court of Cassation and Justice are not entitled to vote.
(3) Decisions by the Superior Council of Magistracy as regards discipline may be contested before the High Court of Cassation and Justice.
(4) The Superior Council of Magistracy also performs other duties stipulated by its organic law, in order to accomplish its role of guarantor for the independence of justice.
 

Title IV  Economy and Public Finance

 
Article 135   Economy
(1) Romania's economy is a free market economy, based on free enterprise and competition.
(2) The State must secure:
a) a free trade, protection of fair competition, provision of a favorable framework in order to stimulate and capitalize every factor of production;
b) protection of national interests in economic, financial, and currency activity;
c) promotion of national scientific and technological research, arts, and protection of copyright;
d) exploitation of natural resources, in conformity with national interests;
e) environmental protection and recovery, as well as preservation of the ecological balance;
f) creation of all necessary conditions so as to increase the quality of life;
g) implementation of regional development policies in compliance with the objectives of the European Union.
 
Article 136   Property
(1) Property is public or private.
(2) Public property is guaranteed and protected by the law, and belongs to the State or to territorial-administrative units.
(3) The mineral resources of public interest, the air, the waters with energy potential that can be used for national interests, the beaches, the territorial sea, the natural resources of the economic zone and the continental shelf, as well as other possessions established by the organic law, are public property exclusively.
(4) Public property is inalienable. Under the terms of the organic law, the public property can be managed by autonomous régies or public institutions, or can be granted or leased; also, it can be transferred for free usage to public utility institutions.
(5) Private property is inviolable, in accordance with the organic law.
 
Article 137  Financial System
(1) Formation, administration, use and control of the financial resources of the State, of territorial-administrative units and public institutions are regulated by law.
(2) The national currency is the Leu, with its subdivision, the Ban. Under the circumstances of Romania's accession to the European Union, the circulation and replacement of the national currency by that of the European Union may be acknowledged by means of an organic law.
 
Article 138  National Public Budget
(1) The National Public Budget comprises the State budget, the State social security budget, and the local budgets of communes, towns, and counties.
(2) The Government annually drafts the State budget and the State social security budget, which are submitted separately to Parliament for approval.
(3) If the law on the State budget and the law on the State social security budget fail to be passed by at least three days before expiry of the budgetary year, the previous year's State budget and State social security budget continue to be applied until adoption of the new budgets.
(4) Local budgets are drafted, approved and executed in accordance with the law.
(5) No budget expenditure is approved unless its financing source has been established.
 
Article 139  Taxes, Duties, and other Contributions
(1) Taxes, duties and any other revenue of the State budget and State social security budget are established only by law.
(2) Local taxes and duties are established by the local or county Councils, within the  limits and under the terms of the law.
(3) The sums representing contributions to the establishment of funds are only used, according to the law, for their actual purpose.
 
Article 140  Court of Audit
(1) The Court of Audit exercises control over the formation, administration, and use of the financial resources of the State and public sector. Under the terms of the organic law, the disputes resulting from the activity of the Court of Audit are solved by specialized courts of law.
(2) The Court of Audit annually reports to Parliament on the accounts of the national public budget administration in the expired budgetary year, including cases of mismanagement.
(3) At the request of the Chamber of Deputies or the Senate, the Court of Audit  checks the management of public resources, and reports on its findings.
(4) Audit advisers are appointed by the Parliament for a term of office of 9 years, which cannot be extended or renewed. Members of the Court of Audit are independent in exercising their term of office and irremovable throughout its duration. They are subject to the incompatibilities the law stipulates for judges.
(5) The Court of Audit is renewed with one third of the audit advisers appointed by the Parliament, every 3 years, under the terms stipulated by the organic law of the Court.
(6) The Parliament is entitled to revoke the members of the Court of Audit, in the instances and under the terms stipulated by the law.
 
Article 141  The Economical and Social Council
The Economic and Social Council are an advisory body of the Parliament and Government, in the specialized fields stated by the organic law for its establishment, organization, and functioning.
 

Title V  Constitutional Court

 
Article 142  Structure
(1) The Constitutional Court is the guarantor for the supremacy of the Constitution.
(2) The Constitutional Court consists of nine judges, appointed for a term of office of nine years, that cannot be prolonged or renewed.
(3) Three judges are appointed by the Chamber of Deputies, three by the Senate, and three by the President of Romania.
(4) The judges of the Constitutional Court elect, by secret vote, the president thereof, for a term of office of three years.
(5) The Constitutional Court is renewed by one third of its judges every three years, in accordance with the provisions of the Court's organic law.
 
Article 143  Qualification for Appointment
Judges of the Constitutional Court must have graduated in law, and have high professional competence and at least eighteen years experience in juridical or academic activities.
 
Article 144  Incompatibilities
The office of a Judge at Constitutional Court is incompatible with any other public or private office, except for academic activities.
 
Article 145  Independence and Irremovability
Judges of the Constitutional Court are independent in the exercise of their office and irremovable during the term of office.
 
Article 146  Powers
The Constitutional Court has the following powers:
a) to adjudicate on the constitutionality of laws, before the promulgation thereof upon notification by the President of Romania, one of the presidents of the two Chambers, the Government, the High Court of Cassation and Justice, the Advocate of the People, a number of at least 50 deputies or at least 25 senators, as well as ex officio, on initiatives to revise the Constitution;
b) to adjudicate on the constitutionality of treaties or other international agreements, upon notification by one of the presidents of the two Chambers, a number of at least 50 deputies or at least 25 senators;
c) to adjudicate on the constitutionality of the Standing Orders of Parliament, upon notification by the president of either Chamber, by a parliamentary group or a number of at least 50 Deputies or at least 25 Senators;
d) to decide on objections as to the unconstitutionality of laws and ordinances, brought up before courts of law or commercial arbitration; the objection as to the unconstitutionality may also be brought up directly by the Advocate of the People;
e) to solve legal disputes of a constitutional nature between public authorities, at the request of the President of Romania, one of the presidents of the two Chambers, the Prime Minister, or of the president of the Superior Council of Magistracy;
f) to guard the observance of the procedure for the election of the President of Romania and to confirm the ballot returns;
g) to ascertain the circumstances which justify the interim in the exercise of the office of President of Romania, and to report its findings to Parliament and the Government;
h) to give advisory opinion on the proposal to suspend from office the President of Romania;
l) to guard the observance of the procedure for the organization and holding of a referendum, and to confirm its returns;
j) to check the compliance with the conditions for the exercise of the legislative initiative by citizens;
k) to decide on the objections of unconstitutionality of a political party;
l) to carry out also other duties stipulated by the organic law of the Court.
 
Article 147  Decisions of the Constitutional Court
(1) The provisions of the laws and ordinances in force, as well as those of the regulations, which are found to be unconstitutional, cease their legal effects within 45 days of the publication of the decision of the Constitutional Court if, in the meantime, the Parliament or the Government, as the case may be, cannot bring into line the unconstitutional provisions with the provisions of the Constitution. For this limited length of time the provisions found to be unconstitutional are suspended de jure.
(2) In cases of unconstitutionality of laws, before the promulgation thereof, the Parliament is bound to reconsider those provisions, in order to bring them into line with the decision of the Constitutional Court.
(3) If the constitutionality of a treaty or international agreement has been found according to article 146 b), such a document cannot be the subject of an objection of unconstitutionality. The treaty or international agreement found to be unconstitutional is not ratified.
(4) Decisions of the Constitutional Court are published in the Official Gazette of Romania. As from their publication, decisions are generally binding and effective only for the future.
 

Title VI  Euro-Atlantic Integration

 
Article 148  Integration into the European Union
(1) Romania's accession to the constituent treaties of the European Union, with a view to transferring certain powers to community institutions, as well as to exercising in common with the other member states the abilities stipulated in such treaties, are carried out by means of a law adopted in the joint sitting of the Chamber of Deputies and the Senate, with a majority of two thirds of the number of deputies and senators.
(2) As a result of the accession, the provisions of the constituent treaties of the European Union, as well as the other mandatory community regulations take precedence over the opposite provisions of the national laws, in compliance with the provisions of the accession act.
(3) The provisions of paragraphs (1) and (2) also apply accordingly for the accession to the acts revising the constituent treaties of the European Union.
(4) The Parliament, the President of Romania, the Government, and the judicial authority guarantee that the obligations resulting from the accession act and the provisions of paragraph (2) are implemented.
(5) The Government sends to the two Chambers of the Parliament the draft mandatory acts before they are submitted to the European Union institutions for approval.
 
Article 149  Accession to the North-Atlantic Treaty
Romania's accession to the North-Atlantic Treaty takes place by means of a law adopted in the joint sitting of the Chamber of Deputies and the Senate, with a majority of two thirds of the number of deputies and senators.
 

Title VII  Revision of the Constitution

 
Article 150  Initiative of Revision
(1) Revision of the Constitution may be initiated by the President of Romania on the proposal of the Government, by at least one quarter of the number of Deputies or Senators, as well as by at least 500,000 citizens with the right to vote.
(2) The citizens who initiate the revision of the Constitution must belong to at least half the number of the counties in the country, and in each of the respective counties or in the Municipality of Bucharest, at least 20,000 signatures must be recorded in support of this initiative.
 
Article 151  Procedure of Revision
(1) The draft or proposal of revision must be adopted by the Chamber of Deputies and the Senate by a majority of at least two thirds of the members of each Chamber.
(2) If no agreement can be reached by a mediation procedure, the Chamber of Deputies and the Senate decide thereupon, in joint session, by the vote of at least three quarters of the number of Deputies and Senators.
(3) The revision is final after approval by a referendum held within 30 days from the date of passing the draft or proposed revision.
 
Article 152  Limits of Revision
(1) The provisions of this Constitution with regard to the national, independent, unitary, and indivisible character of the Romanian State, the Republican form of government, territorial integrity, independence of the justice, political pluralism and official language are not subject to revision.
(2) Likewise, no revision is made if it results in the suppression of the citizens' fundamental rights and freedoms, or the safeguards thereof.
(3) The Constitution is not revised during a state of siege or emergency or at wartime
 

Title VIII  Final and Transitory Provisions

 
Article 153  Coming into Force
This Constitution comes into force on the date of its adoption by referendum. On the same day, the Constitution of 21 August 1965 is and remains fully repealed.
 
Article 154  Temporal Conflict of Laws
(1) The laws and all other normative acts apply as far as they do not contravene the provisions of this Constitution.
(2) The Legislative Council examines, within 12 months of the date of coming into force of the law on its organization, the compliance of legislation with this Constitution and accordingly advances proposals to Parliament or to the Government, as the case may be.
 
Article 155  Transitory Provisions
(1) The bills and legislative proposals pending the legislation are debated and adopted in compliance with the constitutional provisions existing before the coming into force of the revision law.
(2) The institutions stipulated by the Constitution, existing on the date of coming into force of the revision law, operate until the setting up of the new ones.
(3) The provisions of paragraph (1) of article 83 apply starting from the next presidential term of office.
(4) The provisions regarding the High Court of Cassation and Justice are implemented within 2 years at most of the date of coming into force of the revision law.
(5) The judges in office of the Supreme Court of Justice and the audit advisers appointed by the Parliament continue their activity until the term of office for which they were appointed expires. To ensure the renewal of the Court of Audit every 3 years, on the expiry of the term of office of the current audit advisers, these may be appointed for another 3-year or 6-year term of office.
(6) Until the establishment of specialized courts of law, the disputes resulting from the activity of the Court of Audit are solved by ordinary courts of law.
 
Article 156  Republication of the Constitution
The law for the revision of the Constitution is published in the Official Gazette of Romania within 5 days of the date of its passing. The Constitution, amended and completed, after its approval by referendum, is republished by the Legislative Council, by updating the denominations and renumbering the texts.

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For methodology see: Comparing Constitutions and International Constitutional Law.
© 1994 - 21.4.2022 / For corrections please contact A. Tschentscher.