Constitution of 1991
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
CONSTITUTION OF ROMANIA - 1991
Organization and Functioning
|Role and structure||Article 58|
(1) Parliament is the supreme representative body of the Romanian people and the sole legislative authority of the State.
(2) Parliament consists of the Chamber of Deputies and the Senate.
|Election of the Chambers||Article 59|
(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 60|
(1) The Chamber of Deputies and the Senate are elected for a term of office of four years, which may be prolonged by an organic law, in a case of war or catastrophe.
(2) Elections to the Chamber of Deputies and the Senate shall be held within three months from the expiration of the term of office or Parliament dissolution.
(3) The newly elected Parliament shall meet upon convening by the President of Romania, within twenty days after elections.
(4) The Chambers' term of office shall be prolonged until the new Parliament legally meets. During this period, the Constitution may not undergo any revision, nor may any organic law be passed, amended or abrogated.
(5) Bills or legislative proposals entered on the agenda of the preceding Parliament shall be carried over into the session of the new Parliament.
|Organizational structure||Article 61|
(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 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 shall set 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 shall be made up so as to reflect the political spectrum of each Chamber.
|Joint sessions||Article 62|
(1) The Chamber of Deputies and the Senate shall meet in separate, and joint sessions. The proceedings in a joint session shall be held in accordance with regulations passed by a majority vote of the Deputies and Senators.
(2) The Chambers shall meet in joint sessions in order:
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 examine reports of the Supreme Council of National Defence and of the Court of Audit;
g) to appoint, on proposal of the President of Romania, the director of the Romanian Information Service, and to exercise control over the activity of this Service;
h) to fulfil any other prerogatives, which, in accordance with the Constitution or the Standing Orders, shall be exercised in a joint session.
(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, upon 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 64|
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 sessions||Article 65|
(1) The sessions of both Chambers shall be public.
(2) The Chambers may decide that certain sessions be secret.
Status of Deputies and Senators
|Representative mandate||Article 66|
(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 67|
(1) Deputies and Senators shall enter on the exercise of their office on the same day the Chamber they are a member of has legally met, on condition that their election is validated.
(2) The capacity as a Deputy or Senator shall cease on the same day the newly elected Chambers have legally met, or in a case of resignation, disenfranchisement, incompatibility, or death.
(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 shall be established by an organic law.
|Parliamentary immunity||Article 69|
(1) No Deputy or Senator shall be detained, arrested, searched or prosecuted for a criminal or minor offence without authorization of the Chamber he is a member of, after being given a hearing. The case shall be in the competence of the Supreme Court of Justice.
(2) In the case of a Deputy or Senator being caught in the act, he may be detained and searched. The Minister of Justice shall promptly inform the President of the respective Chamber about the detention and search. In case the Chamber thus notified finds no grounds for his detention, it shall immediately order that this detainment be repealed.
|Freedom of opinions||Article 70|
No Deputy or Senator shall be liable to judicial proceedings for the votes cast, or political opinions expressed in the exercice of his mandate.
|Emoluments and other rights||Article 71|
Deputies and Senators shall receive monthly emoluments. The amount of the emoluments and other rights shall be established by law.
Legislation and Procedure
|Legislative scope||Article 72|
(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:
b) the organization and functioning of political parties;
c) the organization and holding of a referendum;
d) the organization of the Government and the Supreme Council of National Defence;
e) the states of siege and emergency;
f) criminal offences, penalties and the execution thereof;
g) granting of amnesty or collective pardon;
h) the organization and functioning of the Superior Council of the Magistracy, the courts, the Public Ministry and the Court of Audit;
i) the status of civil servants;
j) contentious business falling within the competence of administrative courts;
k) the general legal status of property and inheritance;
l) general rules covering labour relations, trade unions and social security;
m) the general organization of education;
n) general statutory rules of religious cults;
o) the organization of local administration, of the territory, as well as general rules on local autonomy;
p) ways and means to establish the exclusive economic zone;
r) other fields, for which the Constitution provides the enactment of organic laws.
|Legislative initiative||Article 73|
(1) The legislative initiative lies with the Government, Deputies, Senators, as well as no fewer than 250,000 citizens having the right to vote. The citizens exercising the right to legislative initiative must belong to at least one quarter of the country's counties, while in each of these counties or the city of Bucharest at least 10,000 signatures should be registered in the support of this 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 in one of the Chambers.
(4) Deputies, Senators and citizens exercising the right of legislative initiative may present proposals only in the form required for a bill.
(5) Legislative proposals shall be first submitted for being passed to the Chamber before which they were read.
|Passing of bills and resolutions||Article 74|
(1) Organic laws and resolutions concerning the Standing Orders of each Chamber shall be passed by the majority vote of its members.
(2) Ordinary laws and resolutions shall be passed by the majority vote of the members present in each Chamber.
(3) On 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.
|Sending of bills and legislative proposals from one Chamber to the other||Article 75|
Bills or legislative proposals passed by one Chamber shall be sent to the other Parliament Chamber. If the bill or legislative proposal is rejected in the latter, it shall be sent back, for a new debate, to the Chamber that had passed it. A second rejection is final.
(1) If one of the Chambers has passed a bill or legislative proposal, in a different wording from that approved by the other Chamber, the Presidents of both Chambers shall initiate a meditation procedure, by a parity Committee.
(2) In case no agreement can been reached in the Committee, or one Chamber has not approved the Mediation Committee report, the texts in conflict shall be submitted for debate to the Chamber of Deputies and the Senate, assembled in a joint session, that shall adopt the final text by a majority vote, as provided under Article 74, paragraphs (1) or (2) .
|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 the 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|
Laws shall be published in the Official Gazette of Romania and come into force on the day of publication or the date provided in its text.
|Legislative Council||Article 79|
(1) The Legislative Council shall be an advisory expert body of Parliament, that initials draft normative acts for the purpose of a systematic unification and coordination 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
|Role of the President||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 and 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 the case that no candidate has obtained such 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 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 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!"
|Term of office||Article 83|
(1) The term of office of the President of Romania is four years, and he shall exercise his mandate from the day he took the oath.
(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. Provisions under Article 70 shall apply accordingly.
(3) The Chamber of Deputies and the Senate may, in a joint session, carry a resolution upon the impeachment of the President of Romania for high treason, by the vote of at least two thirds of the number of Deputies and Senators. The case shall be within the competence of the Supreme Court of Justice, according to the provisions of the law. The President shall be removed from office *de jure* on the date the Court sentence remains final.
|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 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.
|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 on request by the Prime Minister, 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 Paliament, 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 siege or emergency.
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.
|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 Parliament for ratification, within 60 days.
(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 Commanderin-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 general 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 from 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 from the outbreak of the aggression.
|Emergency measures||Article 93|
(1) The President of Romania shall, according to the law, institute the state of siege or emergency in the whole or part of the country, and shall request Parliament approval of the measure thus adopted, within five days from adoption thereof.
(2) If Parliament does not sit in a session, it shall be convened *de jure *within 48 hours from the institution of the state of siege or emergency, and shall function throughout this state.
|Other powers||Article 94|
The President of Romania shall also have the following powers:
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 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 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.
|Vacancy of office||Article 96|
(1) Vacancy of the office of President of Romania shall be due upon his resignation, removal from office, permanent inability to discharge his powers and duties, or death.
(2) Within three months from the date when the Presidency of Romania fell vacant, the Government shall organize elections for a new President.
|Interim of office||Article 97|
(1) In case of vacancy in the office of President, or if the President be suspended from office or be 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 for under Articles 88-90 shall not be exercised by the Acting President during the interim office.
|Liability of the Acting President||Article 98|
If the person acting as President of Romania has committed grave acts infringing upon Constitional provisions, Articles 95 and 97 shall be applied accordingly.
|Acts of the President||Article 99|
(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 for under Article 91 paragraphs (1) and (2) , Article 92 paragraphs
(2) and (3) , Article 93 paragraph (1) , and Article 94 letters a) , b) and d) shall be countersigned by the Prime Minister.
|Emolument, other rights||Article 100|
The emolument and other rights of the President of Romania shall be established by law.
|Role and structure||Article 101|
(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 cooperate 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 after 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 session. Parliament shall grant confidence to the Government by a majority vote of Deputies and Senators.
|Oath of allegiance||Article 103|
(1) The Prime Minister, Ministers and other members of the Government shall 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 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 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 Government membership||Article 105|
Membership of the Government shall cease upon resignation, dismissal, disenfranchisement, incompatibility, death, or in any other cases provided for by law.
|Prime Minister||Article 106|
(1) The Prime Minister shall direct Government actions and co-ordinate activities of its members, under 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) If the Prime Minister finds himself in one of the situations provided for under Article 105, or in case of his inability to exercise his powers, the President of Romania shall designate another member of the Government as interim Prime Minister, to discharge the powers of a Prime Minister until formation of the new Government.The interim during the inability to exercise the powers of the said office shall cease if the Prime Minister resumes his activity in the Government.
(3) Provisions under paragraph
(2) 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 107|
(1) The Government shall adopt Decisions and Orders.
(2) Decisions shall be issued to organize the execution of laws.
(3) Orders shall be issued under a special enabling law, within the limits and in conformity with the provisions thereof.
(4) Decisions and Orders adopted by the Government shall be signed by the Prime Minister, countersigned by the Ministers who are bound to act to carry them into execution, and shall be published in the Official Gazette of Romania.Absence of publicity entails non existence of a decision or order. Decisions of a military character shall be conveyed only to the institutions concerned.
|Responsibility of members of the Government||Article 108|
(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) It is only the Chamber of Deputies, the Senate and the President of Romania that shall have the right to demand criminal prosecutions be taken against members of the Government for acts committed in the exercise of their office. If such criminal prosecution has been requested, the President of Romania may decree that they be suspended from office. Institution of proceedings against a member of the Government entails suspension from office. The case shall be within the competence of the Supreme Court of 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 109|
(1) The Government shall exercise its term of office until validation of the general parliamentary elections.
(2) The Government shall be dismissed on the date Parliament withhelds confidence, or if the Prime Minister finds himself in one of the situations under Article 105 or in case of his inability to exercise powers for more than 45 days.
(3) In situations such as under paragraph
(2) provisions of Article 102 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 to Parliament||Article 110|
(1) The Government and other agencies of Public Administration shall, within the Parliamentary control over their activity, be bound 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 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 and interpellations||Article 111|
(1) The Government and each of its members shall be bound to answer to questions or interpellations raised by Deputies or Senators.
(2) The Chamber of Deputies or the Senate may carry a motion expressing the stand as to the issue making the point of interpellation.
|Motion of censure||Article 112|
(1) The Chamber of Deputies and the Senate may, in joint session, withdraw confidence from the Governement, 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 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 113.
|Assumption of responsibility by the Government||Article 113|
(1) The Government may assume responsibility before the Chamber of Deputies and the Senate, in joint session, 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 from the date of presenting the programme, the general policy statement, or the bill, has been passed in accordance with provisions under Article 112.
(3) If the Government has not been dismissed in accordance with paragraph (2) , the bill presented shall be considered as passed, and the programme or the general policy statement 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 session of both Chambers.
|Legislative delegation||Article 114|
(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 shall compulsorily establish the field and the date up to which orders can be issued.
(3) If the enabling law so requests, orders shall be submitted to Parliament for approval, according to the legislative procedure, until expiration of the enabling term. Non-compliance with the term entails discontinuation of effectiveness of the order.
(4) In exceptional cases, the Government may adopt emergency orders, which shall come info force only after their submission to Parliament for approval. If Parliament does not sit in a session, it shall obligatorily be convened.
(5) Orders shall be approved or rejected by a law which must also contain the orders that ceased to be effective in accordance with paragraph (3) .
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 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 117|
(1) The Army shall be exclusively subordinated to the will of the people, to guarantee the sovereignty, independence and unity of the State, the Country's territorial integrity, and Constitutional democracy.
(2) The structure of the national defence system, the organization of the Army, the preparation of the population, economy and territory for the defence, as well as the status of the military shall be regulated by an organic law.
(3) Provisions under paragraphs (1) and
(2) shall apply accordingly to the police and security services of the State, as well as to other components of the Armed Forces.
(4) The organization of military or paramilitary activities outside a State authority is prohibited.
(5) No foreign troops may enter or cross the territory of Romania but on terms established by law.
|Supreme Council of National Defence||Article 118|
The Supreme Council of National Defence shall organize and co-ordinate in unitary command the activities concerning the country's defence and national security.
Local public administration
|Basic principles||Article 119|
Public Administration in territorial-administrative units is based on the principle of local autonomy and decentralization of public services.
|Communal and town authorities||Article 120|
(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 constituted in the territorial-administrative subdivisions of municipalities.
|County Council||Article 121|
(1) The County Council is the Public Administration authority co-ordinating the activity of Commune and Town Councils, to carry out the public services of county interest.
(2) The County Council shall be elected and function in accordance with the law.
|The Prefect||Article 122|
(1) The Government shall appoint a Prefect in each county and in the City of Bucharest.
(2) The Prefect is the representative of the Government at local level and shall direct any decentralized public services of the Ministries and other central agencies in the territorial-administrative units.
(3) The powers of the Prefect shall be established by law.
(4) 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 123|
(1) Justice shall be rendered in the name of the law.
(2) Judges shall be independent and subject only to the law.
|Status of Judges||Article 124|
(1) Judges appointed by the President of Romania shall be irremovable, according to the law. The President and other Judges of the Supreme Court of Justice shall be appointed for a term of six years, and may be reinvested in office. Promotion, transfer, and sanctions against Judges may be decided upon only by the Superior Council of the Magistracy, in accordance with the law.
(2) The office of a Judge shall be incompatible with any other public or private office, except that of an academic professorial activity.
|Courts of law||Article 125|
(1) Justice shall be administered by the Supreme Court of Justice and other courts established by law.
(2) The setting up of courts of exception is prohibited.
(3) Competence and procedure of courts shall be regulated by law.
|Publicity of debates||Article 126|
Proceedings shall be public, except for the cases provided by law.
|Right to have an interpreter||Article 127|
(1) Procedure shall be conducted in Romanian.
(2) Citizens belonging to national minorities, as well as persons who cannot understand or speak Romanian have the right to take cognizance of all acts and files of the case, to speak before the Court and formulate conclusions, through an interpreter; in criminal trials, this right shall be ensured free of charge.
|Use of appeal||Article 128|
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 129|
Courts of law shall have police placed at their disposal.
The Public Ministry
|Role of Public Ministry||Article 130|
(1) Within judicial activity, the Public Ministry shall represent 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.
|Status of Public Prosecutors||Article 131|
(1) Public Prosecutors shall carry out threir activity in accordance with the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice.
(2) The office of a Prosecutor shall be incompatible with any other public or private office, except that of an academic professorial activity. Section 3Superior Council of the Magistracy.
Superior Council of the Magistracy
The Superior Council of the Magistracy shall consist of magistrates elected for a term of four years by the Chamber of Deputies and the Senate, in a joint session.
(1) The Superior Council of the Magistracy shall nominate Judges and Public Prosecutors for appointment by the President of Romania, except those on probation, in accordance with the law. In this case, the proceedings shall be presided over by the Minister of Justice, who shall have no right to vote.
(2) The Superior Council of the Magistracy shall perform the role of a disciplinary council for Judges, in which case proceedings shall be presided over by the President of the Supreme Court of Justice.