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Revision of the Constitution
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Major provisions of the Law for the revision of the Constitution of Romania
Law for the revision of the Constitution of Romania:

  • it establishes the appropriate Constitutional framework and the juridical grounds for Romania’s Euro-Atlantic integration; it harmonizes its provisions with the main regulations of the European Union; it stipulates the right of Romanian citizens to elect and to be elected in the European Parliament;
  • it includes the principle of separation and balance of the legislative, executive and judicial powers;
  • it consecrates the unity of the Romanian people and the solidarity of the Romanian citizens as bases of the State;
  • it guarantees equal access of men and women to public positions and dignities;
  • it stipulates the right of the parties to a fair, impartial trial, held within a reasonable lapse of time;
  • it stipulates that detention awaiting trial is ordained by the judge and only during the penal trial for 30 days at most; this period can be extended with at most 30 days at one time, but it cannot exceed 180 days;
  • it turns the Supreme Court of Justice into the High Court of Appeal and Justice, according to the tradition of the Romanian judiciary system;
  • it institutes the patrimonial responsibility of the State for prejudices caused by judicial errors of any nature, and
  • it stipulates the responsibility of the magistrates who exercised their function in bad faith or gross negligence;
  • it increases the role and the importance of the Higher Council of Magistrature as the warrant of the independence of justice and it includes representatives of the civil society in its composition;
  • it places the activity of penal investigation of the judiciary police under the direction and oversight of the public prosecutor offices attached to the courts of law;
  • it stipulates that the State shall grant social scholarships to children and young people coming from underprivileged families and to those institutionalized;
  • it guarantees free access to the values of national and world culture;
  • it acknowledges the right of any person to live in a healthy environment;
  • it eliminates compulsory military service;
  • it stipulates the guarantee and the protection of private property, whoever the owner; nationalization and any other measures of forced transfer of assets to public property on political, social, ethnic, religious or other grounds, are strictly forbidden;
  • it stipulates the setting up of a national policy of equal opportunities for disabled persons;
  • it enhances the role of the Advocate of the People (Ombudsman), whose term of office shall be of 5 years instead of 4; the Ombudsman shall have the right to notify directly the Constitutional Court on the unconstitutional character of laws;
  • it sets up a clearer division of the legislative competences of the Chambers of Parliament in order to speed up the legislative activity and eliminate the stages of mediation and divergence;
  • it lowers the number of citizens that can promote a bill from 250,000 to 100,000;
  • it restricts parliamentary immunity to the votes or political opinions expressed in the exercise of office;
  • it lowers the age limit of candidates for the Senate to 33 years;
  • it extends the term of office for the President of Romania to 5 years and stipulates the right of the President to notify the Constitutional Court in order to solve the judicial conflicts of constitutional nature between public authorities;
  • it restricts the possibility for the Government to adopt emergency ordinances to exceptional situations whose regulation cannot be postponed, and it stipulates the obligation to motivate the emergency status of the ordinance within its contents;
  • it eliminates the possibility for the Parliament to annul the decisions of unconstitutionality of laws adopted by the Constitutional Court.
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