CONSTITUTIA ROMANIEI 2012 PDF
CCR > CURTEA CONSTITUȚIONALĂ > Bază legală > Constituţia României, republicată (). Constitutional court. Legal basis. The Constitution of Romania. În ziua de 21 august , Plenul Curţii Constituţionale, învestit în temeiul art lit.i) din Constituţia României şi al art din Legea. Title: Constitutia Romaniei – Funky Citizens, Author: Cosmin Pojoranu, Name: Constitutia Romaniei – Funky Citizens, Length: pages, Page: , Published: Cover of “Yash Ghai Constitution Commission – Draft Constitution”.
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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 constjtutia the Romanian people’s democratic traditions and the ideals embodied by the December Revolution, and shall be guaranteed.
Towns may be declared Municipalities under the terms of the law.
The State shall support the strengthening of ties with Romanians who live abroad and shall act accordingly for the preservation, development and expression of their ethnic, cultural, linguistic and religious identity, while abiding by the legislation of the State of which they are citizens.
They assist in defining and giving expression to the citizens’ political will, and shall respect national sovereignty, territorial integrity, the legal order and principles of democracy.
Trade unions, employers’ associations, and vocational associations are established and carry out their activity according to their own Articles, subject to the law. They partake in the protection of the rights and in the promotion of vocational, economic, and social interests of their members. 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 rules of international law.
The Romanian State guarantees equal opportunities for men and women in order to accede to such functions and dignitary positions. Romanian citizens while abroad shall enjoy the protection of the Romanian State and must fulfil their duties, except those incompatible with their absence from the country. The law shall determine the conditions for the exercise of this right. No one may enter or remain in a person’s domicile or residence without his consent. Secrecy of letters, telegrams and other mail communication, of telephone conversation and any other lawful means of communication is inviolable.
No one may be compelled to embrace an opinion or religion contrary to his own convictions. Indictable offences of the press shall be established by law. They must guarantee the exercise of the right to broadcasting time for all significant social and political groups.
The organisation of these services and parliamentary oversight of their activity are laid down by an organic law. Under the terms of the law, education may also be conducted in a foreign language of international use. The State affords social grants for children or young persons whose family background is underprivileged, as well as for those institutionalised, subject to the law. In public schools, religious education is organized and guaranteed by the law.
Once Romania has acceded to the European Union, Romanian citizens shall have the right to vote and to stand in elections for the European Parliament. Public meetings, processions, demonstrations or any other assembly shall be free and may be organized and held only peacefully, without any arms. Everyone has a free choice of his profession, trade or occupation, as well as place of work. These concern the employees’ safety and health, conditions of work for women and young persons, the setting up of a minimum gross salary per economy, weekly rest periods, rest leave with pay, work performed under difficult and special conditions, training courses, as well as other specific conditions determined by law.
The content and limits of these rights are established by law. Aliens and stateless persons may acquire private ownership of lands only under the terms as may arise from Romania’s accession to the European Union and from other international treaties to which Romania is a party, on a reciprocal basis, in accordance with an organic law, as well as by way of statutory inheritance.
Lawfulness of acquirement shall be presumed. Anyone’s free access to an economic activity, free enterprise and the exercise of such rights in accord with the law shall be guaranteed.
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Citizens also have the right to social assistance, according to the law. Religious wedding may be celebrated only after civil marriage. Other forms of social protection for children and young persons constitutja determined by law.
Persons with disabilities enjoy special protection.
The State must ensure the implementation of national policies for equal opportunities, prevention and treatment of a disability so that disabled persons romanuei effectively participate in the life of the community, in keeping with the rights and duties of their parents or legal tutors.
The State rkmaniei is determined subject to the law and shall not eliminate fault liability of the magistrates who exercised their vested powers in ill-faith or gross negligence. The measure must be proportional to the situation which has engendered it and applied in a non-discriminatory manner, without prejudice to the existence of the right or freedom in question.
All Romanian citizens, aliens and stateless persons must exercise their constitutional rights and freedoms in good faith, without encroaching on the rights and freedoms of others. The deputies of the Advocate of the People are specialized per fields of activity. The Advocate of the People shall report before both Chambers of Contitutia, on annual basis or upon request thereof.
Such reports may contain recommendations on legislation or any other measures for the protection of the citizens’ rights and freedoms. Citizens of one and the same national minority may be ocnstitutia by one single organisation. It shall be not allowed to revise the Constitution, nor to enact, amend, or repeal organic laws all through this period.
The Chambers’ financial resources are provided for in the budgets approved constittia them. The President of the Chamber of Deputies and the President of the Senate are elected for the duration of the Chambers’ term of office. The other members of the Standing Bureau are elected at the opening of each session. Membership of the Standing Bureau may be withdrawn before expiration of the term of office.
The Chambers may set up joint committees. The first session begins in February and cannot extend beyond the end of June. The second session begins in September and cannot extend beyond the end of December. The Chamber of Deputies and the Senate pass laws, and carry resolutions or contitutia, in the presence of the majority of their members. The form of oath is established by an organic law. Prosecution and indictment may only be carried out by the Prosecution Office attached to the High Court of Cassation and Justice.
Jurisdiction shall rest in the High Court of Cassation and Justice. The Ministry of Justice shall forthwith inform the President of the Chamber on such custody and search. Where the Chamber concerned finds no reasons for detainment, it shall order that the measure be cancelled out at once. The citizens who put into action their right to initiate legislation must belong to at least one quarter of the Country’s counties, while, in each of those counties or in the Municipality of Bucharest, at least 5, signatures should be registered in support of such initiative.
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Any other bills or legislative proposals shall be submitted for debate and approval to the Senate, as the primary Chamber which is referred to. Where codes and other particularly complex laws are entertained, the time-limit is 60 days. In case such limits are surpassed, bills or legislative proposals shall be deemed as having been passed.
The bill shall otherwise be returned, in respect of that provision alone, to the primary Chamber, and that one shall finally decide in an urgency procedure. Promulgation shall be given within 20 days from receipt of the law.
The law shall be published in the Official Gazette of Romania; it shall take effect on the third day after the date of publication or at a later instant as is specified therein. It shall keep the official record of Romania’s legislation. To this effect, he shall act as a mediator between State Powers as well as between the State and society. The candidate having the greatest number of votes shall be declared elected. The provisions of Article 72 paragraph 1 shall apply accordingly.
The President of Romania may consult with the Government on the subject of urgent, extremely important matters. The President of Romania may address messages to Parliament with regard to major political issues for the Nation. The President of Romania may, after consultation with Parliament, ask the people of Romania to express their will as to questions of national interest, by a referendum. The other treaties and international agreements shall be concluded, approved or ratified according to the procedure established by law.
In exceptional cases only, the President may submit his decision to Parliament for subsequent approval, but no later than 5 days after such decision has been made. If Parliament does not sit in a session, it shall be convened as of right within 24 hours from the outbreak of the aggression.
The President can give explanations before Parliament with regard to imputations brought against him. The President shall be dismissed as of right on the date the court decision passing conviction is final.
If the person acting as President of Romania has committed a serious offence in violation of the Constitution, Articles 95 and 98 shall apply accordingly.
Failure to publish roaniei of the decrees causes such to be non-existent. Parliament grants its confidence in the Government by a majority vote of Deputies and Senators.
Likewise, it shall be incompatible with the exercise of any office of professional representation paid on the roll of business organizations. Membership of the Government shall cease upon resignation, removal from office, disenfranchisement, incompatibility, death, or in any other cases provided by law.
Likewise, he submits reports and statements concerning Government policies to the Chamber of Deputies or the Senate, and such shall be taken for debate as a priority. The interim during the Prime Minister’s conshitutia to exercise powers shall cease if the Prime Minister resumes his activity in the Government.
Failure to publish constifutia of the decisions or ordinances causes such to be non-existent. Decisions of a military character are passed on only to the institutions concerned.
Each Member of the Government is politically and jointly answerable with the others for the activity and Acts of the Government. Where criminal proceedings have been requested, the President of Romania may decree suspension from office. Indictment of a Member of the Government will result in his suspension from office. Jurisdiction for trial belongs to the High Court of Cassation and Justice. Where a legislative initiative may implicate the amendment of provisions in the State budget or the State social security budget, it shall be compulsory to request such information.
Where they are requested to be present, participation is obligatory. Failure to observe such limits will discontinue all effects of the ordinance in question. If not in session, the Chambers shall be convened within 5 days after tabling or, as the case may be, after forwarding. Where the Chamber thus referred has failed, within 30 days of the tabling date, to decide on that ordinance, such shall be deemed as having been approved and shall be sent to the other Chamber which shall likewise decide in an urgency procedure.
An urgency ordinance which comprises norms pertaining to the rank of organic laws must be approved by a majority as is stipulated under Article 76 paragraph 1.
Subject to the law and under the terms of international treaties to which Romania is a party, the Army shall contribute to collective defence arrangements within the systems of military alliance, and participate in peace-keeping or restoring missions. The Supreme Council for National Defence shall provide for the organisation and unitary coordination of activities concerning defence of the country and national security, participation roamniei maintaining international security and in collective defence arrangements within the systems of military alliance, as well as in consstitutia or restoring missions.
The decision challenged is suspended as of right. Specialized courts may be established by an organic law to deal with certain subject matters, also allowing panels to include, as the case may be, lay judges from outside the professional magistracy.
The courts hearing administrative disputes shall have jurisdiction to resolve applications filed by persons aggrieved by ordinances or, as the case may be, provisions in ordinances declared unconstitutional. Judicial decisions may be appealed against by the parties concerned and by the Public Ministry, subject to the law. Under the terms of Constituyia accession to the European Union, national currency circulation and replacement by that of the European Union may be acknowledged by an organic law.
Any disputes arising from the activity of the Court of Audit shall be settled by specialized courts of law, under the terms established by the organic law.