Petre Andrei University of Iai

Faculty of Law

The principles of the Romanian Constitution

Professor: Roxana Patra, lecturer,

BA and MA of Alexandru Ioan Cuza University of Iai

Student : Maria Cristea

Second year,group no.2

Petre Andrei University of Iai

Faculty of Law

Constitution of Romania
The 1991 Constitution of Romania was adopted on 21 November 1991. It was approved in
a referendum on 8 December and introduced on the same day. It remains the current fundamental
law that establishes the structure of the government ofRomania, the rights and obligations of the
country's citizens, and its mode of passing laws. It stands as the basis of the legitimacy of the
Romanian government.
The constitution was most recently revised by a referendum on 18 October 2003. The new text
took effect on 29 October 2003.
Structure
The Constitution of 1991, as revised in 2003, contains 156 articles, divided into 8 titles:

Title I - General principles

Title II - Fundamental rights, liberties, and duties
Title III - Public authorities
Title IV - The economy and public finance
Title V - Constitutional Court
Title VI - Euro-Atlantic integration
Title VII - Revising the Constitution
Title VIII - Final and transitional provisions

Background
Regulamentul Organic, voted by the
respective Assemblies of Moldavia and Wallachia under Imperial Russian occupation in 18311832, was the first organic law resembling a constitution ever awarded to the Danubian
Principalities. It remained in place until 1858, when the Crimean War removed the two countries
from Russian influence and confirmed the rule by several European powers first established by
the Treaty of Paris; the Paris Convention of 1858 remained the governing document following
the election of Alexandru Ioan Cuza as Domnitor over the united countries (1859), but was
replaced by Cuza's own organic law, entitled Statutul dezvolttor al Conveniei de la
Paris ("Statute expanding the Paris Convention"), in 1864.
The first constitution of the United Principality (later Kingdom) of Romania was adopted 1
July 1866. After the extension of national territory in 1918, a new constitution was approved 29
March 1923. It was repealed by King Carol II in 1938, when an authoritarian regime formed
around the National Renaissance Frontadopted a new, corporatist constitution on 27 February
this document was, in turn, cancelled in 1940 by the Iron Guard's National Legionary
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Faculty of Law
State government. The 1923 constitution was reinstated after the fall of the Ion
Antonescu dictatorship in 1944 (see Romania during World War II).
The new constitution of Communist Romania was adopted in 1948 following the Soviet
model,[1] with subsequent variants appearing in 1952 and 1965 (the former "building the
socialism", the latter announcing the "socialism has won"[1] and notably making the change from
a People's Republic to a Socialist Republic). The Communist regime fell in 1989, after which
large portions of the 1965 document were suspended, and the present document was adopted in
1991.
Initial version
The 1991 Constitution enshrined the return to democracy after the fall of the Communist
regime. The draft was composed by a committee of parliamentarians and constitutional law
specialists; was approved by Parliament, meeting as a Constituent Assembly, by a vote of 414 to 95
on 21 November 1991, being published inMonitorul Oficial the same day; and was approved by
referendum on 8 December 1991, with 77.3% voting in favour. The 1991 Constitution contains 7 titles
and 152 articles. Romania is defined as a national, sovereign, independent, unitary and indivisible
state. The form of government is the republic, the president having up to two four-year terms. He
represents the Romanian state in domestic and foreign relations, ensures obedience to the constitution
and the proper functioning of state institutions, and is the guarantor of the states independence, unity
and integrity. Parliament is the supreme representative organ of the Romanian people and the sole
lawmaking authority; it is bicameral (Chamber of Deputies and Senate) and elected for four years.
After the prime minister is named by the president, Parliament validates the composition and
programme of the Government and can dismiss it following a motion of censure. The constitution
provides for fundamental civic rights and freedoms, and creates the office of Romanian
Ombudsman to ensure these are respected.[2]
2003 revision
The 1991 Constitution has been amended one time, in 2003. Articles were introduced on
Integration into the European Union and NATO Accession, bringing the total to 156 in 8 titles.
These specified that both could take place by parliamentary vote alone, and that EU citizens living in
Romania can vote and run in local elections. The new document grants minorities the right to use their
native language when dealing with local administration and the courts, improves the functioning of
the legislative chambers (better specifying their attributes) and restricts the privilege of parliamentary
immunity to political declarations, extends the presidents term to five years, explicitly guarantees
rather than protects the right to private property and removes the constitutional obligation
for conscription (which ended in 2006).[2] The revised document was adopted by referendum on 18
19 October 2003; turnout was slightly above the 50%+1 threshold needed for it to be valid, with
55.7% of 17,842,103 eligible voters showing up. The opposition[3] and NGOs[4] alleged serious
irregularities. 89.70% voted yes and 8.81%, no. It came into force ten days later.

The Romanian Constitution

Petre Andrei University of Iai

Faculty of Law
TITLE I - General principles
ARTICLE 1: Romanian State
(1) Romania is a sovereign, independent, unitary and indivisible National 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 shall be guaranteed.
(4) The State shall be 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 shall be
mandatory.
ARTICLE 2: Sovereignty
(1) The national sovereignty shall reside within the Romanian people, that shall exercise 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 the 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.
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Faculty of Law
ARTICLE 6: Right to identity
(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 shall conform to the
principles of equality and non-discrimination in relation to the other Romanian citizens.
ARTICLE 7: Romanians living abroad
The State shall support the strengthening of links with the Romanians living abroad and shall act
accordingly for the preservation, development and expression of their ethnic, cultural, linguistic
and religious identity, with the observance of the legislation of the State 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 shall be constituted and shall 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 shall be established and shall
carry out their activity according to their statutes, according to the law. They shall 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 fulfil 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 shall only take place after the revision of the Constitution.
ARTICLE 12: National symbols
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Petre Andrei University of Iai

Faculty of Law
(1) The flag of Romania is tricolour; the colours 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 shall be 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.
Bibliography:
www.wikipedia.ro
www.cdep.ro
www.legislationline.org