Constitution of Romania
Revision of the Constitution
- The Constitution of Romania of 1991 was amended and completed by the Law No. 429/2003 on the revision of the Constitution of Romania, published in the Official Gazette of Romania, Part I, No. 758 of 29 October 2003, republished by the Legislative Council on the grounds of article 152 of the Constitution, with the updated denominations and the renumbered texts (Article 152 became, in the republished form, Article 156).
- The Law No. 429/2003 on the revision of the Constitution of Romania was approved by the national referendum of 18-19 October 2003, and came into force on 29 October 2003, the date of the publication in the Official Gazette of Romania, Part I, No. 758 of 29 October 2003 of the Decision of the Constitutional Court No. 3 of 22 October 2003 for the confirmation of the result of the national referendum of 18-19 October 2003 concerning the Law on the revision of the Constitution of Romania.
- The Constitution of Romania, in its initial form, was adopted in the sitting of the Constituant Assembly of 21 November 1991, was published in the Official Gazette of Romania, Part I, No. 233 of 21 November 1991, and came into force after its approval by the national referendum of 8 December 1991.
- Constitution - 1991
- Major provisions of the Law for the revision of the Constitution
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CONSTITUTION OF ROMANIA
Organization and functioning
|Role and structure||ARTICLE 61|
(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.
|Election of the Chambers||ARTICLE 62|
(1) The Chamber of Deputies and the Senate shall be 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 shall be established by the electoral law, in proportion to the population of Romania.
|Term of office||ARTICLE 63|
(1) The Chamber of Deputies and the Senate shall be 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 shall be held within three months at the most of the expiry of the term of office or the Parliament dissolution.
(3) The newly elected Parliament shall meet upon convening by the President of Romania, within twenty days of the elections.
(4) The Chambers' term of office shall be prolonged until the new Parliament legally meets. During this period, the Constitution shall not undergo any revision, nor shall any organic laws be passed, amended or repealed.
(5) Bills or legislative proposals entered on the agenda of the preceding Parliament shall be carried over in the session of the new Parliament.
|Organizational structure||ARTICLE 64|
(1) The organization and functioning of each Chamber shall be regulated by its own Standing Orders. Financial resources of the Chambers shall be provided for in the budgets approved by them.
(2) Each Chamber shall elect its Standing Bureau. The President of the Chamber of Deputies and the President of the Senate shall be elected for the Chambers' term of office. The other members of the Standing Bureaus shall be elected at the opening of each session. The members of the Standing Bureaus may be dismissed before the expiry 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 shall set up Standing Committees and may institute inquiry committees or other special committees. The Chambers may set up joint committees.
(5) The Standing Bureaus and Parliamentary Committees shall be made up so as to reflect the political spectrum of each Chamber.
|Sittings of the Chambers||ARTICLE 65|
(1) The Chamber of Deputies and the Senate shall 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:
(1) The Chamber of Deputies and the Senate shall 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 shall be convened by its president.
|Acts of Parliament and legal quorum||ARTICLE 67|
The Chamber of Deputies and the Senate shall pass laws, and carry resolutions and motions, in the presence of the majority of their members.
|Publicity of sittings||ARTICLE 68|
(1) The sittings of both Chambers shall be public.
(2) The Chambers may decide that certain sittings be secret.
Statute of Deputies and Senators
|Representative mandate||ARTICLE 69|
(1) In the exercise of their mandate Deputies and Senators shall be in the service of the people.
(2) Any imperative mandate shall be null.
|Term of office of Deputies and Senators||ARTICLE 70|
(1) Deputies and Senators shall 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 shall be regulated by an organic law.
(2) The capacity as a Deputy or Senator shall cease on the same day the newly elected Chambers shall legally meet, or in case of resignation, disenfranchisement, incompatibility, or death.
(1) No one may be a Deputy and a Senator at 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 shall be established by organic law.
|Parliamentary immunity||ARTICLE 72|
(1) No Deputy or Senator shall 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 shall not be searched, detained or arrested without the consent of the Chamber they belong to, after being heard. The investigation and prosecution shall 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 shall have jurisdiction over this case.
(3) If caught in the act, Deputies or Senators may be detained and searched. The Minister of Justice shall inform 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 shall order the annulment of such a measure at once.
|Classes of laws||ARTICLE 73|
(1) Parliament passes constitutional, organic, and ordinary laws.
(2) Constitutional laws shall be pertaining to the revision of the Constitution.
(3) Organic laws shall regulate:
|Legislative initiative||ARTICLE 74|
(1) A legislative initiative shall lie, 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 shall exercise 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 shall be first submitted to the Chamber having competence for its adoption, as a first notified Chamber.
|Notification of the Chambers||ARTICLE 75|
(1) The Chamber of Deputies, as a first notified Chamber, shall debate and adopt 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 shall be submitted to the Senate, as a first notified Chamber, for debate and adoption.
(2) The first notified Chamber shall pronounce within 45 days. For codes and other extremely complex laws, the time limit will be 60 days. If such time limits are exceeded, it shall be 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 shall be 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 shall be 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 shall also apply accordingly if the decision-making Chamber should adopt a provision for which the decision-making competence belongs to the first Chamber.
|Passing of bills and resolutions||ARTICLE 76|
(1) Organic laws and resolutions concerning the Standing Orders of the Chambers shall be passed by the majority vote of the members of each Chamber.
(2) Ordinary laws and resolutions shall be passed by the majority vote of the members present in each Chamber.
(3) At the request of 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.
|Promulgation of laws||ARTICLE 77|
(1) A law shall be submitted for promulgation to the President of Romania. Promulgation shall be 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 law be reconsidered or a review has been asked for as to its conformity with the Constitution, promulgation shall be made within ten days from receiving the law passed after its reconsideration, or the decision of the Constitutional Court confirming its constitutionality.
|Coming into force of laws||ARTICLE 78|
The law shall be published in the Official Gazette of Romania and come into force 3 days after its publication date, or on a subsequent date stipulated in its text.
|Legislative Council||ARTICLE 79|
(1) The Legislative Council shall be an advisory expert body of Parliament, that advises draft normative acts for the purpose of a systematic unification and co-ordination of the whole body of laws. It shall keep the official record of the legislation of Romania.
(2) The setting up, organization and functioning of the Legislative Council shall be regulated by an organic law.
The President of Romania
|The President of Romania||ARTICLE 80|
(1) The President of Romania shall represent the Romanian State and is the safeguard of the national independence, unity and territorial integrity of the country.
(2) The President of Romania shall guard the observance of the Constitution and the proper functioning of the public authorities. To this effect, he shall act as a mediator between the Powers in the State, as well as between the State and society.
|Election of the President||ARTICLE 81|
(1) The President of Romania shall be elected by universal, equal, direct, secret an free suffrage.
(2) The candidate who, in the first ballot, obtained a majority of votes of the electors entered on the electoral lists shall be declared elected.
(3) In case no candidate has obtained such a majority, a second ballot shall be 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 shall be declared elected.
(4) No one may hold the office of President of Romania but for two terms of office at the most, that can also be consecutive.
|Validation of mandate and oath-taking||ARTICLE 82|
(1) The election returns for the Presidency of Romania shall be validated by the Constitutional Court.
(2) The candidate whose election has been validated shall take before the Chamber of Deputies and the Senate, in a joint sitting, the following oath: "I solemnly swear that I will dedicate all my 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!"
|Term of office||ARTICLE 83|
(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 shall exercise 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.
|Incompatibilities and immunities||ARTICLE 84|
(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 shall enjoy immunity. The provisions of article 72 (1) shall apply accordingly.
|Appointment of the Government||ARTICLE 85|
(1) The President of Romania shall designate 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 shall dismiss and appoint, 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 shall only be entitled to exercise the power stipulated under paragraph (2) based on the Parliament's approval, granted following the proposal of the Prime Minister.
|Consultation with the Government||ARTICLE 86|
The President of Romania may consult with the Government about urgent, extremely important matters.
|Participation in meetings of the Government||ARTICLE 87|
(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 defence of the country, ensurance of public order, and, at the Prime Minister's request, in other instances as well.
(2) The President of Romania shall preside over the Government meetings he participates in.
The President of Romania shall address Parliament by messages on the main political issues of the nation.
|Dissolution of Parliament||ARTICLE 89|
(1) After consultation with the presidents of both Chambers and the leaders of the parliamentary groups, the President of Romania may dissolve 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) The Parliament cannot be dissolved during the last six months of the term of office of the President of Romania, or during a state of mobilization, war, siege, or emergency.
(1) The President of Romania may, after consultation with Parliament, ask the people of Romania to express, by referendum, their will on matters of national interest.
|Powers in matters of foreign policy||ARTICLE 91|
(1) The President shall, in the name of Romania, conclude international treaties negotiated by the Government, and then submit them to the Parliament for ratification, within a reasonable time limit. The other treaties and international agreements shall be concluded, approved, or ratified according to the procedure set up by law.
(2) The President shall, on proposal by the Government, accredit and recall diplomatic envoys of Romania, and approve the setting up, closing down or change in rank of diplomatic missions.
(3) Diplomatic envoys of other states shall be accredited to the President of Romania.
|Powers in matters of defence||ARTICLE 92|
(1) The President of Romania shall be Commander-in-Chief of the Armed Forces and preside over the Supreme Council of National Defence.
(2) He may declare, with prior approval of Parliament, partial or total mobilization of the Armed Forces. Only in exceptional cases shall the decision of the President be subsequently submitted for approval to Parliament, within five days of the adoption thereof.
(3) In the event of an armed aggression against the country, the President of Romania shall take measures to repel the aggression, and he shall promptly bring them to the cognizance of Parliament, by a message. If Parliament does not sit in a session, it shall be convened de jure, within 24 hours of the outbreak of the aggression.
(4) In the event of mobilization or war, the Parliament shall pursue its activity throughout the length of such states, and, if not in session already, it shall be de jure convened within 24 hours after such a state has been declared.
|Emergency measures||ARTICLE 93|
(1) The President of Romania shall, according to the law, institute the state of siege or state of emergency in the entire country or in some territorial-administrative units, and ask 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 shall be convened de jure within 48 hours of the institution of the state of siege or emergency, and shall function throughout this state.
|Other powers||ARTICLE 94|
1) The President of Romania shall also have the following powers:
a) to confer decorations and titles of honour;
b) to make promotions to the ranks of marshal, general and admiral;
c) to make appointments to public offices, under the terms provided by law;
d) to grant individual pardon.
|Suspension from office||ARTICLE 95|
(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 sitting, 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 shall be immediately notified thereof.
(3) If the proposal of suspension from office has been approved, a referendum shall be held within 30 days, in order to remove the President from office.
(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 shall, without further delay, be 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 shall belong to the High Court of Cassation and Justice. The President shall be dismissed de jure on the date the court decree impeaching him is final.
|Vacancy of office||ARTICLE 97|
(1) Vacancy of the office of President of Romania shall be 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 shall organize elections for a new President.
|Interim of office||ARTICLE 98|
(1) In case of vacancy in the office of President, or if the President is suspended from office or is temporarily incapable to exercise his powers, the interim shall devolve, in this order, on the President of the Senate or the President of the Chamber of Deputies.
(2) Powers provided under Articles 88-90 shall not be exercised by the Acting President during the interim of the presidential office.
|Liability of the Acting President||ARTICLE 99|
(1) If the person acting as President of Romania has committed grave acts infringing upon constitutional provisions, Articles 95 and 98 shall be applied accordingly.
|Acts of the President||ARTICLE 100|
(1) In the exercise of his powers, the President of Romania shall issue decrees, which shall be 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 under Article 91 paragraphs (1) and (2) , Article 92 paragraphs (2) and (3) , Article 93 paragraph (1) , and Article 94 subparagraphs a) , b) and d) shall be countersigned by the Prime Minister.
|Emolument and other rights||ARTICLE 101|
The emolument and other rights of the President of Romania shall be established by law.
|Role and structure||ARTICLE 102|
(1) The Government shall, in accordance with its government programme accepted by Parliament, ensure the implementation of the domestic and foreign policy of the country, and exercise the general management of public administration.
(2) In the exercise of its powers, the Government shall co-operate with the social bodies concerned.
(3) The Government consists of the Prime Minister, Ministers, and other members as established by an organic law.
(1) The President of Romania shall designate 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 shall, within ten days of his designation, seek the vote of confidence of Parliament upon the programme and complete list of the Government.
(3) The programme and list of the Government shall be debated upon by the Chamber of Deputies and the Senate, in joint sitting. Parliament shall grant confidence to the Government by a majority vote of the Deputies and Senators.
|Oath of allegiance||ARTICLE 104|
(1) The Prime Minister, the Ministers and other members of the Government shall individually take an oath before the President of Romania, as provided under Article 82.
(2) The Government as a whole and each of its members shall exercise the mandate from the date of taking the oath.
(1) Membership of the Government shall be incompatible with the exercise of any other public office in authority, except for the office of a Deputy or Senator. Likewise, it shall be incompatible with the exercise of any office of professional representation paid by a trading organization.
(2) Other incompatibilities shall be established by an organic law.
|Cessation of membership of the Government||ARTICLE 106|
Membership of the Government shall cease upon resignation, dismissal, disenfranchisement, incompatibility, death, or in any other cases provided by law.
|Prime Minister||ARTICLE 107|
(1) The Prime Minister shall direct Government actions and co-ordinate activities of its members, with the observance of the powers and duties incumbent on them. Likewise, he shall submit 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 shall designate 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, shall cease if the Prime Minister resumes his activity within the Government.
(4) Provisions under paragraph (3) shall apply accordingly to the other members of the Government, on proposal by the Prime Minister, for a period of 45 days, at the most.
|Acts of the Government||ARTICLE 108|
(1) The Government shall adopt decisions and ordinances.
(2) Decisions shall be issued to organize the execution of laws.
(3) Ordinances shall be issued under a special enabling law, within the limits and in conformity with the provisions thereof.
(4) Decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the Ministers who are bound to carry them into execution, and shall be published in the Official Gazette of Romania. Non-publishing entails non-existence of a decision or ordinance. Decisions of a military character shall be conveyed only to the institutions concerned.
|Responsibility of members of the Government||ARTICLE 109|
(1) The Government is politically responsible for its entire activity only before Parliament. Each member of the Government is politically and jointly liable with the other members 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 shall be within the competence of the High Court of Cassation and Justice.
(3) Cases of liability, and penalties applicable to members of the Government shall be regulated by a law on ministerial responsibility.
|End of the term of office||ARTICLE 110|
(1) The Government shall exercise its term of office until the validation of the general parliamentary elections.
(2) The Government shall be dismissed on the date the Parliament withdraws the confidence granted to it, or if the Prime Minister finds himself in one of the situations stipulated under article 106, except for him being dismissed, or in case of his impossibility to exercise his powers for more than 45 days.
(3) In situations such as under paragraph (2) the provisions of Article 103 shall apply accordingly.
(4) The Government whose term of office ceased in accordance with paragraphs (1) and (2) shall continue to fulfil only the acts required for the administration of public affairs, until the members of the new Government take the oath.
Relations between Parliament and the Government
|Information of Parliament||ARTICLE 111|
(1) The Government and the other bodies of public administration shall be obliged, within the parliamentary control over their activity, to present the information and documents requested by the Chamber of Deputies, the Senate, or parliamentary committees, through their respective presidents. In case a legislative initiative involves the amendment of the provisions of the State budget, or of the State social security budget, the request for information shall be compulsory.
(2) Members of the Government are entitled to attend the proceedings of Parliament. If they are requested to be present, participation shall be compulsory.
|Questions, interpellations, and simple motions||ARTICLE 112|
(1) The Government and each of its members shall be bound to answer the questions or interpellations raised by the 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.
|Motion of censure||ARTICLE 113|
(1) The Chamber of Deputies and the Senate may, in joint sitting, withdraw the 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 shall be notified to the Government upon the date of its tabling.
(3) The motion of censure shall be debated upon three days after its presentation in the joint sitting 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 the Government assumes responsibility in conformity with Article 114.
|Assumption of responsibility by the Government||ARTICLE 114|
(1) The Government may assume responsibility before the Chamber of Deputies and the Senate, in joint sitting, upon a programme, a general policy statement, or a bill.
(2) The Government shall be dismissed if a motion of censure, tabled within three days of the date of presenting the programme, the general policy statement, or the bill, has been passed in accordance with the 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, shall be deemed as passed, and the implementation of the programme or general policy statement shall become binding on the Government.
(4) In case the President of Romania demands reconsideration of the law passed according to paragraph (3) , the debate thereon shall be carried in the joint sitting of the Chambers.
|Legislative delegation||ARTICLE 115|
(1) Parliament may pass a special law enabling the Government to issue ordinances in fields outside the scope of organic laws.
(2) The enabling law shall compulsorily establish the field and the date up to which ordinances may be issued.
(3) If the enabling law so requests, ordinances shall be 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 shall only come 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 shall be 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 shall be deemed adopted and shall be sent to the other Chamber, which shall also make 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 shall be 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 shall regulate, if such is the case, the necessary steps concerning the legal effects caused while the ordinance was in force.
Specialized central public administration
(1) Ministries shall be 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.
(1) Ministries shall be set up, organized, and shall 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.
|The Armed Forces||ARTICLE 118|
(1) The Army shall be 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 shall contribute to the collective defence in military alliance systems, and participate in peace keeping or peace restoring missions.
(2) The structure of the national defence system, the preparation of the population, economy and territory for defence, as well as the military shall be regulated by an organic law.
(3) The provisions of paragraphs (1) and (2) shall apply accordingly to the other components of the Armed Forces established according to the law.
(4) The organization of military or paramilitary activities outside a State authority is prohibited.
(5) Foreign troops 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.
|Supreme Council of National Defence||ARTICLE 119|
The supreme Council of National Defence shall unitarily organize and co-ordinate the activities concerning the country's defence and security, its participation in international security keeping, and in collective defence in military alliance systems, as well as in peace keeping or restoring missions.
Local public administration
|Basic principles||ARTICLE 120|
(1) The public administration in territorial-administrative units shall be 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 shall be 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.
|Commune and town authorities||ARTICLE 121|
(1) The public administration authorities, by which local autonomy in communes and towns is implemented, shall be the Local Councils and Mayors elected, in accordance with the law.
(2) The local Councils and Mayors shall 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 set up in the territorial-administrative subdivisions of municipalities.
|County Council||ARTICLE 122|
(1) The County Council is the public administration authority coordinating the activity of commune and town councils, with a view to carrying out the public services of county interest.
(2) The County Council shall be elected and shall function in accordance with the law.
|The Prefect||ARTICLE 123|
(1) The Government shall appoint a Prefect in each county and in the Bucharest Municipality.
(2) The Prefect is the representative of the Government at a local level and shall direct 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 shall be 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 shall be suspended de jure.
Courts of law
|Administration of justice||ARTICLE 124|
(1) Justice shall be rendered in the name of the law.
(2) Justice shall be one, impartial, and equal for all.
(3) Judges shall be independent and subject only to the law.
|Statute of judges||ARTICLE 125|
(1) The judges appointed by the President of Romania shall be irremovable, according to the law.
(2) The appointment proposals, as well as the promotion, transfer of, and sanctions against judges shall only be within the competence of the Superior Council of Magistracy, under the terms of its organic law.
(3) The office of a judge shall be incompatible with any other public or private office, except for academic activities.
|Courts of law||ARTICLE 126|
(1) Justice shall be 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 shall only be stipulated by law.
(3) The High Court of Cassation and Justice shall provide 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 shall be 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.
|Publicity of debates||ARTICLE 127|
Proceedings shall be public, except for the cases provided by law.
|Use of mother tongue and interpreter in court||ARTICLE 128|
(1) The legal procedure shall be conducted in Romanian.
(2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue before the courts 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, shall be 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 shall be 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.
|Use of appeal||ARTICLE 129|
Against decisions of the court, the parties concerned and the Public Ministry may exercise ways of appeal, in accordance with the law.
|Police in the courts||ARTICLE 130|
Courts of law shall have police forces at their disposal.
The Public Ministry
|Role of Public Ministry||ARTICLE 131|
(1) Within the judicial activity, the Public Ministry shall represent the general interests of the society, and defend legal order, as well as the citizens' rights and freedoms.
(2) The Public Ministry shall discharge 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 shall direct and supervise the criminal investigation activity of the police, according to the law.
|Statute of Public Prosecutors||ARTICLE 132|
(1) Public prosecutors shall 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.
Superior Council of Magistracy
|Role and structure||ARTICLE 133|
(1) The Superior Council of Magistracy shall guarantee the independence of justice.
(2) The Superior Council of Magistracy shall consist of 19 members, of whom:
(3) The president of the Superior Council of Magistracy shall be 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 shall be 6 years.
(5) The Superior Council of Magistracy shall make decisions by secret vote.
(6) The President of Romania shall preside over the proceedings of the Superior Council of Magistracy he takes part in.
(7) Decisions by the Superior Council of Magistracy shall be final and irrevocable, except for those stipulated under article 144 (2) .
(1) The Superior Council of Magistracy shall propose 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 shall perform 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 shall not be 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 shall also perform other duties stipulated by its organic law, in order to accomplish its role of guarantor for the independence of justice.