Published in the MONITORUL OFICIAL No. 767 of 31 October 2003

Note
*) Amended and supplemented by 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, pursuant to Article 152 of the Constitution, with updated titles and new numbering (Article 152 became, in the republished version, Article 156).

The Revision Law of the Constitution of Romania no. 429/2003 was approved by the national referendum of 18-19 October 2003 and entered into force on 29 October 2003, the date of 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 on the Revision Law of the Constitution of Romania.
The Constitution of Romania, in its original form, was adopted at the meeting of the Constituent Assembly on November 21, 1991, was published in the Official Monitor of Romania, Part I, no. 233 of November 21, 1991, and entered into force following its approval by the national referendum on December 8, 1991.

Title I General Principles

Article 1: The Romanian State

Romania is a national, sovereign and independent, unitary and indivisible state.
The form of government of the Romanian state is the republic.
Romania is a rule-of-law state, a democratic and social state, in which human dignity, citizens' rights and freedoms, the free development of human personality, justice and political pluralism are supreme values, in the spirit of the democratic traditions of the Romanian people and the ideals of the Revolution of December 1989, and are guaranteed.
The state is organized according to the principle of separation and balance of powers - legislative, executive and judicial - within the framework of constitutional democracy.
In Romania, compliance with the Constitution, its supremacy and the laws is mandatory.

Article 2: Sovereignty

National sovereignty belongs to the Romanian people, who exercise it through their representative bodies, constituted by free, periodic and correct elections, as well as through referendum.
No group or individual can exercise sovereignty in their own name.

Article 3: Territory

The territory of Romania is inalienable.
The borders of the country are enshrined in the organic law, respecting the principles and other generally accepted norms of international law.
The territory is administratively organized into communes, towns and counties. Under the law, some towns are declared municipalities.
No foreign populations may be transplanted or colonized on the territory of the Romanian state.

Article 4: The Unity of the People and Equality among Citizens

The state is founded on the unity of the Romanian people and the solidarity of its citizens.
Romania is the common and indivisible fatherland of all its citizens, without distinction of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin.

Article 5: Citizenship

Citizenship is acquired, retained or lost under the conditions provided by the organic law.
English: Romanian citizenship cannot be revoked from those who acquired it by birth.

Article 6: The right to identity

The State recognizes and guarantees to persons belonging to national minorities the right to preserve, develop and express their ethnic, cultural, linguistic and religious identity.
The protective measures taken by the state to preserve, develop and express the identity of persons belonging to national minorities must comply with the principles of equality and non-discrimination in relation to other Romanian citizens.

Article 7: Romanians abroad

The state supports the strengthening of links with Romanians outside the country's borders and acts for the preservation, development and expression of their ethnic, cultural, linguistic and religious identity, with respect for the legislation of the state of which they are citizens.

Article 8: Pluralism and Political Parties

Pluralism in Romanian society is a condition and a guarantee of constitutional democracy.
Political parties are formed and operate under the law. They contribute to defining and expressing the political will of citizens, respecting national sovereignty, territorial integrity, the rule of law, and the principles of democracy.

Article 9: Trade unions, employers' organisations and professional associations

Trade unions, employers' organisations and professional associations shall be formed and shall conduct their activities in accordance with their statutes and within the limits of the law. They shall contribute to the defence of the rights and the promotion of the professional, economic and social interests of their members.

Article 10: International Relations

Romania maintains and develops peaceful relations with all states and, in this context, good neighbourly relations, based on the principles and other generally accepted norms of international law.

Article 11: International and domestic law

The Romanian state undertakes to fulfill in good faith the obligations that it has assumed under the treaties to which it is a party.
Treaties ratified by Parliament, by law, are part of domestic law.
In the event that a treaty to which Romania is to become a party contains provisions contrary to the Constitution, its ratification may take place only after the revision of the Constitution.

Article 12: National symbols

The flag of Romania is tricolour; the colours are arranged vertically, in the following order starting from the lance: blue, yellow, red.
The national day of Romania is on December 1st.
The national anthem of Romania is "Deșteaptă-te române".
The country's coat of arms and the state seal are 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.

Title II Fundamental Rights, Freedoms and Duties

Chapter I Common Provisions

Article 15: Universality

Citizens enjoy the rights and freedoms enshrined in the Constitution and other laws and have the obligations provided for therein.
The law disposes only for the future, except for the more favorable criminal or contravention law.

Article 16: Equality of rights

Citizens are equal before the law and public authorities, without privileges and without discrimination.
No one is above the law.
Public functions and offices, civil or military, may be held, under the conditions of the law, by persons who have Romanian citizenship and domicile in the country. The Romanian State guarantees equal opportunities between women and men for the holding of these functions and offices.
In view of Romania's accession to the European Union, citizens of the Union who meet the requirements of the organic law have the right to vote and to be elected to local public administration authorities.

Article 17: Romanian citizens abroad

Citizens enjoying the protection of the Romanian state abroad must fulfill their obligations, except for those incompatible with their absence from the country.

Article 18: Foreign citizens and stateless persons

Foreign citizens and stateless persons living in Romania enjoy the general protection of persons and property guaranteed by the Constitution and other laws.
The right of asylum is granted and withdrawn in accordance with the law, respecting the international treaties and conventions to which Romania is a party.

Article 19: Extradition and Expulsion

The Romanian citizen cannot be extradited or expelled from Romania.
By way of derogation from the provisions of paragraph (1), Romanian citizens may be extradited on the basis of international conventions to which Romania is a party, in accordance with the law and on the basis of reciprocity.
Foreign citizens and stateless persons can only be extradited based on an international convention or under conditions of reciprocity.
Expulzarea sau extrădarea se hotărăște de justiție.

Article 20: International treaties on human rights

The constitutional provisions on the rights and freedoms of citizens shall be interpreted and enforced in accordance with the Universal Declaration of Human Rights, the covenants and other treaties to which Romania is a party.
If there are discrepancies between the international covenants and treaties on fundamental human rights, to which Romania is a party, and domestic laws, international regulations take precedence, except where the Constitution or domestic laws contain more favorable provisions.

Article 21: Free access to justice

Any person can turn to justice to defend their rights, freedoms and legitimate interests.
No law can restrict the exercise of this right.
The parties are entitled to a fair trial and to have their cases decided within a reasonable time.
Special administrative jurisdictions are optional and free.

Chapter II Fundamental Rights and Freedoms

Article 22: The right to life and physical and psychological integrity

The right to life, as well as the physical and psychological integrity of the person, are guaranteed.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
The death penalty is prohibited.

Article 23: Individual Freedom

Libertatea individuală și siguranța persoanei sunt inviolabile.
Search, seizure or arrest of a person is permitted only in cases and in accordance with the procedure established by law.
The detention cannot exceed 24 hours.
Preventive arrest is ordered by a judge and only during the course of criminal proceedings.
During the criminal investigation, pre-trial detention may be ordered for a maximum of 30 days and may be extended by a maximum of 30 days, without the total duration exceeding a reasonable term, and not exceeding 180 days.
In the trial phase, the court is obliged, under the conditions of the law, to periodically verify, no later than 60 days, the legality and justification of the preventive arrest and to immediately order the release of the defendant if the grounds that determined the preventive arrest have ceased or if the court finds that there are no new grounds to justify the deprivation of liberty.
The court rulings on the preventive measure of arrest are subject to the legal remedies provided for by law.
The person detained or arrested shall be promptly informed, in a language which he understands, of the reasons for his detention or arrest, and of the charge against him, and shall be promptly brought before a judge, who shall decide, within the shortest period of time, whether or not the detention or arrest is justified. The charge shall be brought to his knowledge in the presence of a lawyer, whether chosen by him or appointed by the court.
Release of the detained or arrested person is mandatory, if the reasons for these measures have disappeared, as well as in other situations provided by law.
The arrested person has the right to request provisional release, under judicial control or on bail.
Until the final decision of the court, the person is considered innocent.
No penalty may be established or applied except under the conditions and on the basis of the law.
The privative of liberty sanction can only be of a criminal nature.

Article 24: The right to defence

The right to defence is guaranteed.
Throughout the proceedings, the parties have the right to be assisted by a lawyer, chosen or appointed ex officio.

Article 25: Free movement

The right to free movement, both within the country and abroad, is guaranteed. The law establishes the conditions for the exercise of this right.
Every citizen is guaranteed the right to establish their domicile or residence in any locality in the country, to emigrate, as well as to return to the country.

Article 26: Intimate, family, and private life

Public authorities respect and protect intimate, family and private life.
A natural person has the right to dispose of himself, if he does not infringe the rights and freedoms of others, public order or morality.

Article 27: Inviolability of the Home

The home and residence are inviolable. No one can enter or remain in a person's home or residence without their consent.
Deviations from the provisions of paragraph (1) may be made by law for the following situations:
1. execution of an arrest warrant or court order;
2. removal of a threat to a person's life, physical integrity, or property;
3. the defense of national security or public order;
4. prevention of the spread of an epidemic.
Why the search is ordered by a judge and carried out under the conditions and forms provided by law.
Night-time searches are prohibited, except in cases of flagrant crime.

Article 28: The Secret of Correspondence

The secrecy of letters, telegrams, other postal communications, telephone conversations and other legal means of communication is inviolable.

Article 29: Freedom of conscience

Libertatea gândirii și a opiniilor, precum și libertatea credințelor religioase nu pot fi îngrădite sub nici o formă. Nimeni nu poate fi constrâns să adopte o opinie ori să adere la o credință religioasă, contrare convingerilor sale.
Freedom of conscience is guaranteed; it must be manifested in a spirit of tolerance and mutual respect.
Religious cults are free and are organized according to their own statutes, under the conditions of the law.
In the relationships between faiths, any forms, means, acts or actions of religious enmity are prohibited.
Religious cults are autonomous from the state and enjoy its support, including by facilitating religious assistance in the army, in hospitals, in prisons, in nursing homes and in orphanages.
Parents or guardians have the right to provide, according to their own beliefs, the education of their minor children under their responsibility.

Article 30: Freedom of expression

The freedom to express thoughts, opinions, or beliefs, and the freedom of creative works of any kind, by spoken word, in writing, by images, by sounds, or by other means of public communication, are inviolable.
Cenzura de orice fel este interzisă.
Libertatea presei implică și libertatea de a înființa publicații.
No publication can be suppressed.
The law may impose on the mass media the obligation to make public the source of funding.
Libertatea de exprimare nu poate prejudicia demnitatea, onoarea, viața particulară a persoanei și nici dreptul la propria imagine.
Legally prohibited are: defaming the country and the nation, incitement to aggressive war, national, racial, class or religious hatred, incitement to discrimination, territorial separatism or public violence, as well as obscene manifestations contrary to good morals.
The civil liability for the information or creation made public falls on the editor or producer, author, organizer of the artistic event, owner of the means of multiplication, radio or television station, in accordance with the law. Press offenses are established by law.

Article 31: The right to information

The right of a person to access any information of public interest cannot be restricted.
Autoritățile publice, potrivit competențelor ce le revin, sunt obligate să asigure informarea corectă a cetățenilor asupra treburilor publice și asupra problemelor de interes personal.
The right to information must not prejudice measures for the protection of youth or national security.
Media outlets, both public and private, are obliged to ensure the correct informing of public opinion.
Public radio and television services are autonomous. They must guarantee the exercise of the right to antenna to important social and political groups. The organization of these services and the parliamentary control of their activity are regulated by organic law.

Article 32: The right to education

The right to education is ensured through compulsory general education, secondary and vocational education, higher education, and other forms of instruction and training.
Education at all levels is conducted in Romanian. Under the law, education can also be conducted in an international language of circulation.
The right of persons belonging to national minorities to learn and be instructed in their mother tongue is guaranteed; the ways of exercising these rights shall be determined by law.
State education is free, according to the law. The state grants social scholarships to children and young people from disadvantaged families and those institutionalized, under the conditions of the law.
Education at all levels is provided in state, private and denominational schools, in accordance with the law.
University autonomy is guaranteed.
The state ensures the freedom of religious education, according to the specific requirements of each religion. In state schools, religious education is organized and guaranteed by law.

Article 33: Access to culture

Access to culture is guaranteed by law.
The freedom of the individual to develop their spirituality and access the values of national and universal culture cannot be restricted.
The State shall ensure the preservation of spiritual identity, the support of national culture, the stimulation of the arts, the protection and conservation of cultural heritage, the development of contemporary creativity, and the promotion of Romania's cultural and artistic values throughout the world.

Article 34: The right to health protection

The right to health protection is guaranteed.
The state is obliged to take measures to ensure public hygiene and health.
The organization of health care and social insurance for sickness, accidents, maternity and rehabilitation, the control of the exercise of medical professions and paramedical activities, as well as other measures for the protection of physical and mental health of the person shall be established by law.

Article 35: The right to a healthy environment

The state recognizes the right of every person to a healthy environment and a balanced ecological system.
The state provides the legislative framework for the exercise of this right.
Individuals and legal entities have the duty to protect and improve the environment.

Article 36: Right to vote

Citizens have the right to vote from the age of 18, including the day of the elections.
No voting rights for the mentally disabled or alienated, prohibited, and neither for persons convicted, by final judicial decision, of losing electoral rights.

Article 37: The right to be elected

Eligible to be elected are citizens with voting rights who meet the conditions laid down in Article 16 (3), provided that they are not prohibited from joining political parties pursuant to Article 40 (3).
Candidates must be at least 23 years old on the day of the election, inclusive, to be elected to the Chamber of Deputies or to local public administration bodies, at least 33 years old to be elected to the Senate, and at least 35 years old to be elected President of Romania.

Article 38: The right to stand for election to the European Parliament

In view of Romania's accession to the European Union, Romanian citizens have the right to vote and to stand for election to the European Parliament.

Article 39: Freedom of assembly

Mitingurile, demonstrațiile, procesiunile sau orice alte întruniri sunt libere și se pot organiza și desfășura numai în mod pașnic, fără nici un fel de arme.

Article 40: The right of association

Citizens are free to associate in political parties, trade unions, employers' organisations and other forms of association.
Partidele sau organizațiile care, prin scopurile ori prin activitatea lor, militează împotriva pluralismului politic, a principiilor statului de drept ori a suveranității, a integrității sau a independenței României sunt neconstituționale.
No part of political parties can be judges of the Constitutional Court, ombudsmen, magistrates, active members of the army, police officers and other categories of public officials established by organic law.
Secret societies are prohibited.

The right to work cannot be restricted. The choice of profession, trade or occupation, as well as the place of work, is free.
Employees have the right to social protection measures. These concern the security and health of employees, the working regime of women and young people, the establishment of a minimum gross salary in the country, the weekly rest, the paid leave, the performance of work in special or special conditions, professional training, as well as other specific situations, established by law.
The normal duration of the working day is, on average, a maximum of 8 hours.
Equal work, equal pay for women.
The right to collective labour negotiations and the mandatory character of collective agreements are guaranteed.

Article 42: Prohibition of forced labour

Munca forțată este interzisă.
Does not constitute forced labor:
1. activities for fulfilling military obligations, as well as those carried out, according to the law, in their place, for religious or conscientious reasons;
2. work performed by a convicted person, carried out under normal conditions, during the period of detention or conditional release;
3. services required in situations created by disasters or other dangers, as well as those that are part of the normal civil obligations established by law.

Article 43: The right to strike

Employees have the right to strike to defend their professional, economic and social interests.
The law establishes the conditions and limits for the exercise of this right, as well as the necessary guarantees to ensure essential services for society.

Article 44: The right to private property

Property rights and claims against the state are guaranteed. The content and limits of these rights are established by law.
Private property is guaranteed and equally protected by law, regardless of the owner. Foreign citizens and stateless persons may acquire the right of private ownership of land only under the conditions resulting from Romania's accession to the European Union and from other international treaties to which Romania is a party, on a reciprocal basis, under the conditions provided by organic law, as well as by legal inheritance.
No one shall be expropriated except for a cause of public utility, established according to law, with right and prior compensation.
Nationalization or any other measures of forced transfer of property to public ownership on the basis of social, ethnic, religious, political or other discriminatory affiliation of the owners are prohibited.
For works of general interest, the public authority may use the subsurface of any real estate, with the obligation to compensate the owner for damage to the soil, plantations or constructions, as well as for other damage attributable to the authority.
Compensation under paragraphs (3) and (5) shall be agreed with the owner or, in the event of a dispute, determined by a court.
The right to ownership entails the duty to comply with environmental protection and good neighbourly obligations, as well as other obligations incumbent upon the owner under law or custom.
Legally acquired assets cannot be confiscated. The lawful nature of the acquisition is presumed.
Goods intended for, used in, or resulting from crimes or offenses may only be confiscated in accordance with the law.

Article 45: Economic Freedom

Free access of the person to economic activity, free enterprise and exercise thereof under the conditions of the law are guaranteed.

Article 46: The right to inherit

The right to inherit is guaranteed.

Article 47: Standard of living

The state is obliged to take economic development and social protection measures to ensure citizens a decent standard of living.
Citizens have the right to a pension, paid maternity leave, medical care in state health facilities, unemployment benefits and other forms of public or private social insurance provided by law. Citizens also have the right to social assistance, in accordance with the law.

Article 48: The Family

The family is founded on the freely consented marriage between spouses, on their equality and on the right and duty of parents to ensure the upbringing, education and instruction of children.
The conditions for the conclusion, dissolution and nullity of marriage are established by law. Religious marriage can only be celebrated after civil marriage.
Children born outside of marriage are equal before the law to those born in marriage.

Article 49: Protection of children and young people

Children and young people enjoy special protection and assistance in the realization of their rights.
The state provides child allowances and assistance for the care of sick or disabled children. Other forms of social protection for children and young people are established by law.
The exploitation of minors, their use in activities that would harm their health, morality or endanger their life or normal development are prohibited.
Minors under the age of 15 cannot be employed as employees.
The public authorities are obliged to contribute to ensuring the conditions for the free participation of young people in the political, social, economic, cultural and sports life of the country.

Article 50: Protection of persons with disabilities

People with disabilities enjoy special protection. The state ensures the implementation of a national policy of equal opportunities, prevention and treatment of disabilities, in order to effectively participate in the life of the community, respecting the rights and obligations of parents and guardians.

Article 51: The right to petition

Citizens have the right to address public authorities through petitions formulated only in the name of the signatories.
Legally constituted organisations have the right to address petitions exclusively in the name of the collectives they represent.
Exercising the right of petition is exempt from fees.
Autoritățile publice au obligația să răspundă la petiții în termenele și în condițiile stabilite potrivit legii.

Article 52: The right of the person harmed by a public authority

The injured person in a right or in a legitimate interest, by a public authority, by an administrative act or by the unsolved in the legal term of a request, is entitled to obtain the recognition of the claimed right or legitimate interest, the cancellation of the act and the repair of the damage.
The conditions and limits of the exercise of this right shall be determined by organic law.
The state is liable for damages caused by judicial errors. State liability is established under the conditions of the law and does not exclude the liability of magistrates who have exercised their functions with malice or gross negligence.

Article 53: Restriction on the exercise of certain rights or freedoms

The exercise of rights and freedoms may be restricted only by law and only if necessary, as appropriate, for: the defense of national security, public order, public health or morality, the rights and freedoms of citizens; the conduct of criminal proceedings; preventing the consequences of a natural disaster, a disaster or a particularly serious accident.
The restriction may only be imposed if it is necessary in a democratic society. The measure must be proportional to the situation that prompted it, be applied in a non-discriminatory manner and without affecting the existence of the right or freedom.

Chapter III Fundamental Duties

Article 54: Loyalty to the country

Fidelitatea față de țară este sacră.
Citizens to whom public functions are entrusted, as well as military personnel, are responsible for faithfully fulfilling their obligations and, to this end, they will take the oath required by law.

Article 55: Defense of the Country

Citizens have the right and duty to defend Romania.
The conditions for the fulfillment of military duties are established by organic law.
Citizens can be enrolled from the age of 20 to 35, except for volunteers, under the terms of the organic law.

Article 56: Financial contributions

Citizens are obliged to contribute, through taxes and fees, to public expenses.
The legal system of imposition must ensure the fair allocation of fiscal burdens.
Any other benefits are prohibited, except those established by law, in exceptional situations.

Article 57: Exercise of rights and freedoms

Citizens, foreigners and stateless persons must exercise their constitutional rights and freedoms in good faith, without infringing on the rights and freedoms of others.

Chapter IV The Ombudsman

Article 58: Appointment and Role

The People's Advocate is appointed for a term of 5 years for the defense of the rights and freedoms of natural persons. The deputies of the People's Advocate specialize in fields of activity.
The Ombudsman and his deputies may not hold any other public or private office, except for teaching positions in higher education.
The organization and functioning of the institution of the Ombudsman are established by organic law.

Article 59: Exercise of powers

The Ombudsman exercises his powers ex officio or at the request of persons whose rights and freedoms have been violated, within the limits established by law.
The public authorities are obliged to provide the Ombudsman with the necessary support in the exercise of his powers.

Article 60: Reporting to Parliament

The Ombudsman presents reports to the two Houses of Parliament, annually or at their request. The reports may contain recommendations on legislation or other measures to protect the rights and freedoms of citizens.

Title III Public Authorities

Chapter I The Parliament

Section 1 Organization and Functioning

Article 61: Role and Structure

The Parliament is the supreme representative body of the Romanian people and the sole legislative authority of the country.
The Parliament is made up of the Chamber of Deputies and the Senate.

Article 62: Election of Chambers

The Chamber of Deputies and the Senate are elected by universal, equal, direct, secret and free vote, in accordance with the electoral law.
Citizens' organizations belonging to national minorities, which do not meet the number of votes to be represented in Parliament in elections, have the right to one deputy's seat, under the conditions of the electoral law. Citizens of a national minority can only be represented by one organization.
The number of deputies and senators is established by the electoral law, in relation to the population of the country.

Article 63: Term of office

The Chamber of Deputies and the Senate are elected for a term of 4 years, which is automatically extended in a state of mobilization, war, siege or emergency, until the end of these.
The elections for the Chamber of Deputies and the Senate are held no later than 3 months after the expiry of the term of office or the dissolution of Parliament.
The newly elected Parliament meets, upon convocation by the President of Romania, within 20 days of the elections.
The term of office of the Chambers is extended until the legal meeting of the new Parliament. During this period, the Constitution cannot be revised and organic laws cannot be adopted, modified or repealed.
Proiectele de legi sau propunerile legislative înscrise pe ordinea de zi a Parlamentului precedent își continuă procedura în noul Parlament.

Article 64: Internal organization

The organization and functioning of each Chamber shall be established by its own rules. The financial resources of the Chambers shall be provided for in the budgets approved by them.
Each Chamber elects a permanent bureau. The President of the Chamber of Deputies and the President of the Senate are elected for the duration of the term of office of the Chambers. The other members of the permanent bureaus are elected at the beginning of each session. Members of the permanent bureaus may be revoked before the end of their term of office.
Deputies and senators can organize themselves into parliamentary groups, according to the rules of each Chamber.
Each Chamber constitutes its permanent committees and may set up committees of inquiry or other special committees. Chambers may constitute joint committees.
Permanent offices and parliamentary committees are formed according to the political configuration of each Chamber.

Article 65: Meetings of the Chambers

The House of Deputies and the Senate work in separate sessions.
The chambers may also hold joint sessions, according to a regulation adopted by a majority vote of the deputies and senators, for:
1. Receiving the message from the President of Romania;
2. approval of the state budget and the state social insurance budget;
3. declararea mobilizării totale sau parțiale;
4. The declaration of war;
5. suspendarea sau încetarea ostilităților militare;
6. approval of the national defense strategy of the country;
7. examinarea rapoartelor Consiliului Suprem de Apărare a Țării;
8. the appointment, at the proposal of the President of Romania, of the directors of the intelligence services and the exercise of control over the activities of these services;
9. Appointing the Ombudsman;
10. stabilirea statutului deputaților și al senatorilor, stabilirea indemnizației și a celorlalte drepturi ale acestora;
11. fulfilling other duties which, according to the Constitution or the Rules of Procedure, are exercised in a joint sitting.

Article 66: Sessions

The Chamber of Deputies and the Senate meet in two regular sessions per year. The first session begins in February and may not go beyond the end of June. The second session begins in September and may not go beyond the end of December.
The Chamber of Deputies and the Senate meet in extraordinary sessions at the request of the President of Romania, the permanent bureau of each Chamber or at least one third of the number of deputies or senators.
Convocarea Camerelor se face de președinții acestora.

Article 67: Legal acts and legal quorum

The Chamber of Deputies and the Senate pass laws, resolutions, and motions, in the presence of the majority of their members.

Article 68: Public character of meetings

The sessions of the two Chambers are public.
The Chambers may decide that certain meetings are to be held in secret.

Section 2. The Status of Deputies and Senators

Article 69: Representative Mandate

In the exercise of their mandate, deputies and senators are in the service of the people.
Any mandatory order is null.

Article 70: The term of office of deputies and senators

Deputies and senators enter into office on the date of the legal convening of the Chamber to which they belong, subject to the validation of the election and the taking of the oath. The oath is established by organic law.
The quality of a deputy or senator ends on the date of the legal meeting of the newly elected Chambers or in case of resignation, loss of electoral rights, incompatibility or death.

Article 71: Incompatibilities

No one can be, at the same time, a deputy and a senator.
The quality of a deputy or senator is incompatible with the exercise of any public authority, except as a member of the government.
Other incompatibilities are established by organic law.

Article 72: Parliamentary Immunity

Deputații și senatorii nu pot fi trași la răspundere juridică pentru voturile sau pentru opiniile politice exprimate în exercitarea mandatului.
Deputies and senators can be investigated and prosecuted for acts unrelated to votes or political opinions expressed in the exercise of their mandate, but they cannot be searched, detained or arrested without the approval of the Chamber to which they belong, after hearing them. The investigation and prosecution can only be carried out by the Prosecutor's Office attached to the High Court of Cassation and Justice. The jurisdiction to judge belongs to the High Court of Cassation and Justice.
In case of flagrant crime, deputies or senators can be detained and subjected to search. The Minister of Justice will immediately inform the President of the Chamber about the detention and the search. If the Chamber notified finds that there is no ground for detention, it will immediately order the revocation of this measure.

Section 3. Legislation

Article 73: Categories of laws

The Parliament adopts constitutional laws, organic laws and ordinary laws.
Constitutional laws are those of constitutional revision.
By organic law, the following is regulated:
1. The electoral system; the organization and functioning of the Permanent Electoral Authority;
2. the organization, operation, and financing of political parties;
3. statutul deputaților și al senatorilor, stabilirea indemnizației și a celorlalte drepturi ale acestora;
4. organizarea și desfășurarea referendumului;
5. the organization of the Government and the Supreme Council of National Defense;
6. The regime of partial or total mobilization of the armed forces and the state of war;
7. the regime of the state of siege and the state of emergency;
8. infracțiunile, pedepsele și regimul executării acestora;
9. the granting of amnesty or collective pardon;
10. statutul funcționarilor publici;
11. administrative litigation;
12. organizarea și funcționarea Consiliului Superior al Magistraturii, a instanțelor judecătorești, a Ministerului Public și a Curții de Conturi;
13. The general legal regime of property and inheritance;
14. the overall organization of education;
15. organizarea administrației publice locale, a teritoriului, precum și regimul general privind autonomia locală;
16. general regime regarding labor relations, trade unions, employers' associations, and social protection;
17. The status of national minorities in Romania;
18. general regime of cults;
19. celebrities in other domains for which the Constitution provides for the adoption of organic laws.

Article 74: Legislative initiative

The legislative initiative belongs, as the case may be, to the Government, to the deputies, to the senators or to a number of at least 100,000 voters. Citizens who exercise their right to legislative initiative must come from at least a quarter of the country's counties, and in each of these counties, respectively in the municipality of Bucharest, at least 5,000 signatures must be registered in support of this initiative.
The citizen's legislative initiative cannot address fiscal issues, those of an international nature, amnesty and pardon.
The government exercises its legislative initiative by submitting the draft law to the Chamber competent to adopt it, as the first Chamber seized.
Deputies, senators and citizens exercising the right to legislative initiative can submit legislative proposals only in the form required for draft laws.
Propunerile legislative se supun dezbaterii mai întâi Camerei competente să le adopte, ca primă Cameră sesizată.

Article 75: Referral to the Chambers

The projects of laws and legislative proposals for the ratification of treaties or other international agreements and the legislative measures resulting from the application of these treaties or agreements shall be submitted for debate and adoption to the Chamber of Deputies, as the first chamber seized, as well as the organic laws provided for in Article 31 paragraph (5), Article 40 paragraph (3), Article 55 paragraph (2), Article 58 paragraph (3), Article 73 paragraph (3) letters 5, 11, 12, 14, 15, Article 79 paragraph (2), Article 102 paragraph (3), Article 105 paragraph (2), Article 117 paragraph (3), Article 118 paragraphs (2) and (3), Article 120 paragraph (2), Article 126 paragraphs (4) and (5), and Article 142 paragraph (5). Other projects of laws or legislative proposals shall be submitted for debate and adoption, as the first chamber seized, to the Senate.
The first Chamber to be notified has 45 days to respond. For codes and other particularly complex laws, the term is 60 days. In the event of exceeding these terms, it is considered that the draft laws or legislative proposals have been adopted.
After adoption or rejection by the first Chamber seized, the bill or legislative proposal is sent to the other Chamber which will decide definitively.
In the event that the first Chamber seized adopts a provision which, according to paragraph (1), falls within its decision-making competence, the provision is definitively adopted if the second Chamber also agrees. Otherwise, only for that provision, the law returns to the first Chamber seized, which will decide definitively in an expedited procedure.
The provisions of paragraph (4) on the return of the law shall also apply if the Chamber of Decision-Making adopts a provision for which the decision-making competence lies with the first Chamber.

Article 76: Adoption of laws and decisions

Organics laws and decisions on the regulations of the Chambers are adopted by the vote of the majority of the members of each Chamber.
Laws and resolutions are adopted by the vote of the majority of the members present in each Chamber.
On the request of the Government or on its own initiative, Parliament may adopt draft laws or legislative proposals under the urgent procedure, as established under the rules of procedure of each Chamber.

Article 77: Promulgation of the law

The law is sent, for promulgation, to the President of Romania. The promulgation of the law is done within a maximum of 20 days from the receipt.
Before promulgation, the President may request the re-examination of the law by Parliament, once only.
If the President has requested a re-examination of the law or if its constitutionality has been challenged, the law shall be promulgated within 10 days of the receipt of the law adopted after the re-examination or of the receipt of the decision of the Constitutional Court confirming its constitutionality.

Article 78: Entry into force of the law

The law shall be published in the Official Gazette of Romania and shall enter into force three days from the date of publication or on a later date provided for in the text.

Article 79: The Legislative Council

The Legislative Council is a specialized consultative body of Parliament, which provides opinions on draft normative acts in order to systematize, unify and coordinate the entire legislation. It keeps the official record of Romanian legislation.
The establishment, organization and functioning of the Legislative Council shall be determined by organic law.

Chapter II The President of Romania

Article 80: The Role of the President

The President of Romania represents the Romanian state and is the guarantor of national independence, unity, and territorial integrity of the country.
The President of Romania watches over the observance of the Constitution and the proper functioning of the public authorities. To this end, the President exercises the function of mediation between the powers of the State, as well as between the State and society.

Article 81: Election of the President

The President of Romania is elected by universal, equal, direct, secret and free vote.
This declared elected the candidate who obtained, in the first round of scrutiny, the majority of the votes of the electors registered in the electoral lists.
In the event that none of the candidates have met this majority, a second round of voting will be organized, between the top two candidates established in the order of the number of votes obtained in the first round. The candidate who obtained the most votes is declared elected.
No person can hold the office of President of Romania for more than two terms. These may also be consecutive.

Article 82: Validation of the mandate and taking of the oath

The result of the election for the position of President of Romania is validated by the Constitutional Court.
The candidate whose election has been validated takes the following oath before the Chamber of Deputies and the Senate, in a joint session:
"I swear to dedicate all my strength and ability to the spiritual and material prosperity of the Romanian people, to respect the Constitution and the laws of the country, to defend democracy, the fundamental rights and freedoms of citizens, the sovereignty, independence, unity and territorial integrity of Romania. So help me God!".

Article 83: Term of office

The term of office of the President of Romania is 5 years and begins on the date of taking the oath.
The President of Romania exercises his mandate until the new President-elect takes the oath of office.
The term of office of the President of Romania may be extended, by organic law, in the event of war or catastrophe.

Article 84: Incompatibilities and immunities

During his term, the President of Romania cannot be a member of a party and cannot hold any other public or private office.
The President of Romania enjoys immunity. The provisions of Article 72(1) shall apply mutatis mutandis.

Article 85: Appointment of the Government

The President of Romania appoints a candidate for the position of Prime Minister and forms the Government based on the vote of confidence granted by Parliament.
In the event of a government reshuffle or vacancy, the President dismisses and appoints, on the proposal of the Prime Minister, some members of the Government.
If the proposed reshuffle changes the structure or political composition of the Government, the President of Romania will be able to exercise the power provided for in paragraph (2) only on the basis of the approval of the Parliament, granted at the proposal of the Prime Minister.

Article 86: Consultation with the Government

The President of Romania can consult the Government on urgent and particularly important issues.

Article 87: Participation in the meetings of the Government

The President of Romania can take part in the meetings of the Government where issues of national interest regarding foreign policy, defense of the country, ensuring public order and, at the request of the Prime Minister, in other situations are discussed.
The President of Romania presides over the Government meetings he attends.

Article 88: Messages

The President of Romania addresses messages to the Parliament regarding the nation's main political issues.

Article 89: Dissolution of Parliament

After consulting the presidents of the two Houses and the leaders of the parliamentary groups, the President of Romania can dissolve Parliament if it has not granted a vote of confidence for the formation of the Government within 60 days of the first request and only after rejecting at least two requests for investiture.
In the course of a year, Parliament can be dissolved only once.
The Parliament cannot be dissolved during the last 6 months of the term of office of the President of Romania, nor during the state of mobilization, war, siege or emergency.

Article 90: Referendum

The President of Romania, after consulting with Parliament, may ask the people to express, through a referendum, their will regarding issues of national interest.

Article 91: Attributes in the field of foreign policy

The President concludes international treaties on behalf of Romania, negotiated by the Government, and submits them for ratification by Parliament within a reasonable time. Other international treaties and agreements are concluded, approved or ratified in accordance with the procedure established by law.
The President, on the proposal of the Government, accredits and recalls the diplomatic representatives of Romania and approves the establishment, closing or change of rank of diplomatic missions.
Diplomatic representatives of other states are accredited to the President of Romania.

Article 92: Attributes in the field of defense

The President of Romania is the commander-in-chief of the armed forces and serves as the chairman of the Supreme Defense Council of the Country.
He can declare, with the prior approval of Parliament, the partial or total mobilization of the armed forces. Only in exceptional cases, the decision of the President is subsequently subject to the approval of Parliament, no later than 5 days after adoption.
In case of armed aggression against the country, the President of Romania takes measures to repel the aggression and immediately informs the Parliament through a message. If the Parliament is not in session, it is convened by right within 24 hours of the start of the aggression.
In case of mobilization or war, the Parliament continues its activity for the entire duration of these states, and if it is not in session, it is convened as a matter of right within 24 hours of their declaration.

Article 93: Exceptional Measures

The President of Romania establishes, according to the law, the state of siege or the state of emergency throughout the country or in some administrative-territorial units and requests the approval of the measure adopted by the Parliament, within 5 days of its adoption.
If Parliament is not in session, it is convened as a matter of right within 48 hours of the declaration of a state of siege or a state of emergency and operates for the duration of such states.

Articolul 94: Alte atribuții

The President of Romania also performs the following duties:
1. confers decorations and titles of honor;
2. confers the ranks of marshal, general and admiral;
3. appoints to public office in accordance with the law;
4. grants individual pardons.

Article 95: Suspension from office

In the case of the commission of serious acts that violate the provisions of the Constitution, the President of Romania can be suspended from office by the Chamber of Deputies and the Senate, in a joint session, with the vote of the majority of deputies and senators, after consulting the Constitutional Court. The President may give Parliament explanations regarding the acts that are imputed to him.
The proposal to suspend from office can be initiated by at least a third of the number of deputies and senators and is immediately brought to the attention of the President.
If the proposal to suspend from office is approved, a referendum to dismiss the President is organized within a maximum of 30 days.

Article 96: Indictment

The Chamber of Deputies and the Senate, in a joint sitting, with the vote of at least two-thirds of the number of deputies and senators, may decide to impeach the President of Romania for high treason.
The proposal for indictment can be initiated by the majority of deputies and senators and is immediately brought to the attention of the President of Romania in order to be able to give explanations regarding the facts that are attributed to him.
From the date of indictment until the date of dismissal the President is suspended from office.
Jurisdiction over the case belongs to the High Court of Cassation and Justice. The President is automatically removed from office on the date of the final decision of conviction.

Article 97: Vacation of office

The vacation of the office of President of Romania occurs in the event of resignation, removal from office, permanent inability to perform his duties, or death.
Within 3 months from the date of the vacancy of the office of President of Romania, the Government will organize elections for a new President.

Article 98: Acting in the position

If the office of President becomes vacant, or if the President is suspended from office, or if he is temporarily unable to perform his duties, the President of the Senate or the President of the Chamber of Deputies shall act as interim President.
The powers provided for in Articles 88 to 90 cannot be exercised during the interim presidency.

Article 99: Liability of the interim President

If the person ensuring the interim position of the President of Romania commits serious acts, by which the provisions of the Constitution are violated, Articles 95 and 98 apply.

Article 100: Acts of the President

In the exercise of his powers, the President of Romania issues decrees which are published in the Official Gazette of Romania. Non-publication renders the decree non-existent.
Decrees issued by the President of Romania in the exercise of his powers provided for in Article 91 (1) and (2), Article 92 (2) and (3), Article 93 (1) and Article 94 (1), (2) and (4) shall be countersigned by the Prime Minister.

Article 101: Compensation and other rights

The compensation and other rights of the President of Romania are established by law.

Chapter III The Government

Article 102: Role and Structure

The Government, in accordance with its program approved by the Parliament, ensures the implementation of the internal and external policy of the country and exercises general management of the public administration.
In carrying out its duties, the Government cooperates with interested social organizations.
The government is made up of the prime minister, ministers, and other members established by organic law.

Article 103: Investiture

The President of Romania designates a candidate for Prime Minister, after consulting the party that has an absolute majority in Parliament or, if there is no such majority, the parties represented in Parliament.
The candidate for Prime Minister will ask, within 10 days of being appointed, for a vote of confidence from Parliament on the program and the full list of the Government.
The Government's program and list are debated by the Chamber of Deputies and the Senate, in a joint meeting. The Parliament grants confidence to the Government with the vote of the majority of deputies and senators.

Article 104: Oath of Allegiance

The Prime Minister, the Ministers and the other members of the Government shall take the oath provided for in Article 82 individually before the President of Romania.
The government as a whole and each member in particular shall assume office from the date of taking the oath.

Article 105: Incompatibilities

The function of a member of the Government is incompatible with the exercise of another public authority function, except that of a deputy or senator. It is also incompatible with the exercise of a salaried professional representation function within commercial purpose organizations.
Other incompatibilities are established by organic law.

Article 106: Cessation of membership of the Government

The function of a member of the Government ceases as a result of resignation, revocation, loss of electoral rights, a state of incompatibility, death, as well as in other cases provided by law.

Article 107: Prime Minister

The Prime Minister leads the Government and coordinates the activities of its members, respecting their responsibilities. He or she also presents reports and statements on government policy to the Chamber of Deputies or the Senate, which are debated as a priority.
The President of Romania cannot dismiss the Prime Minister.
If the Prime Minister is in one of the situations provided for in Article 106, with the exception of dismissal, or is unable to exercise his or her duties, the President of Romania shall designate another member of the Government as acting Prime Minister to perform the duties of the Prime Minister until the formation of the new Government. The acting capacity shall cease if the Prime Minister resumes his or her duties in the Government.
The provisions of paragraph (3) shall also apply to the other members of the Government, upon the proposal of the Prime Minister, for a period of no more than 45 days.

Article 108: Acts of the Government

The government adopts decrees and ordinances.
Decisions are issued to organize the execution of the laws.
Ordonanțele se emit în temeiul unei legi speciale de abilitare, în limitele și în condițiile prevăzute de aceasta.
The decisions and orders adopted by the Government are signed by the Prime Minister, countersigned by the Ministers who are obliged to enforce them, and published in the Official Gazette of Romania. Non-publication renders the decision or order null and void. Decisions of a military nature are communicated only to the institutions concerned.

Article 109: Accountability of members of the Government

The Government is politically accountable to Parliament for its entire activity. Each member of the Government is politically accountable, in solidarity with the other members, for the activity and acts of the Government.
Only the Chamber of Deputies, the Senate, and the President of Romania have the right to request the criminal prosecution of members of the Government for acts committed in the exercise of their functions. If criminal prosecution is requested, the President of Romania may order their suspension from office. The indictment of a member of the Government entails their suspension from office. The jurisdiction to try the case belongs to the High Court of Cassation and Justice.
The cases of liability and penalties applicable to members of the Government are regulated by a law on ministerial responsibility.

Article 110: Cessation of office

The government exercises its mandate until the validation of the general parliamentary elections.
The government is dismissed on the date of the withdrawal of confidence by Parliament or if the Prime Minister is in one of the situations provided for in Article 106, except for dismissal, or is unable to exercise its powers for more than 45 days.
In the situations provided for in paragraph (2) the provisions of Article 103 shall apply.
The Government whose term has expired under paragraphs (1) and (2) shall perform only the acts necessary for the administration of public affairs until the members of the new Government have taken the oath of office.

Chapter IV Relations of Parliament with the Government

Article 111: Informing Parliament

The government and other public administration bodies, within the framework of parliamentary control of their activities, are obliged to provide the information and documents requested by the Chamber of Deputies, the Senate or the parliamentary committees, through their presidents. In the event that a legislative initiative involves changing the provisions of the state budget or the state social insurance budget, the request for information is mandatory.
Members of the Government have access to the work of Parliament. If their presence is requested, their participation is mandatory.

Article 112: Questions, Interpellations and Simple Motions

The government and each of its members are obliged to answer the questions or interpellations of the deputies or senators, under the conditions provided by the regulations of the two Houses of Parliament.
The Chamber of Deputies or the Senate may adopt a simple motion to express its position on an issue of internal or external policy or, as the case may be, on an issue that was the subject of an interpellation.

Article 113: Motion of no confidence

The Chamber of Deputies and the Senate, in joint session, may withdraw confidence from the Government by adopting a motion of no confidence, with the vote of the majority of deputies and senators.
A motion of no confidence may be initiated by at least one-fourth of the total number of deputies and senators and shall be communicated to the Government on the date of submission.
The no-confidence motion is debated after 3 days from the date it was presented in the joint sitting of the two Houses.
If the motion of no confidence has been rejected, the deputies and senators who have signed it can no longer initiate, in the same session, a new motion of no confidence, except if the Government assumes responsibility according to Article 114.

Article 114: Engagement of the Government's responsibility

The government can engage its responsibility before the Chamber of Deputies and the Senate, in joint session, on a program, a general policy statement or a bill.
The government is dismissed if a motion of no confidence, filed within 3 days of the presentation of the program, the general policy statement or the bill, has been voted under the conditions of Article 113.
If the Government has not been dismissed under paragraph (2), the bill introduced, amended or supplemented, as the case may be, with amendments accepted by the Government, is deemed adopted, and the implementation of the programme or the declaration of general policy becomes mandatory for the Government.
In the event that the President of Romania requests a reexamination of the law adopted in accordance with paragraph (3), the debate on it shall take place in a joint meeting of the two Houses.

Article 115: Legislative delegation

The Parliament may adopt a special law empowering the Government to issue decrees in areas that are not subject to organic laws.
The enabling act will compulsorily establish the scope and date until which ordinances can be issued.
If the enabling law requires it, the decrees are subject to the approval of Parliament, according to the legislative procedure, until the expiry of the term of the enablement. Non-compliance with the term entails the cessation of the effects of the decree.
The government can adopt emergency ordinances only in extraordinary situations whose regulation cannot be postponed, having the obligation to motivate the urgency in their content.
The emergency ordinance comes into force only after its submission for debate in the urgent procedure to the Chamber competent to be notified and after its publication in the Official Gazette of Romania. The Chambers, if they are not in session, are obliged to convene within 5 days of submission or, as the case may be, of referral. If within a maximum period of 30 days from the submission, the Chamber notified does not pronounce on the ordinance, it is considered adopted and is sent to the other Chamber which also decides in the urgent procedure. The emergency ordinance including standards of the nature of the organic law is approved with the majority provided for in Article 76 (1).
Urgency ordinances cannot be adopted in the field of constitutional laws, they cannot affect the regime of the fundamental institutions of the state, the rights, freedoms and obligations provided by the Constitution, the electoral rights, and they cannot target measures of forced transfer of certain goods into public property.
Ordonanțele cu care Parlamentul a fost sesizat se aprobă sau se resping prin lege, în care se includ și ordonanțele a căror efecte au încetat potrivit alineatului (3).
The law approving or rejecting will regulate, if necessary, the necessary measures regarding the legal effects produced during the period of application of the ordinance.

Chapter V The Public Administration

Section 1 Central public administration specialized

Article 116: Structure

Ministerele se organizează numai în subordinea Guvernului.
Other specialized bodies can be organized under the Government or ministries or as autonomous administrative authorities.

Article 117: Establishment

Ministerele se înființează, se organizează și funcționează potrivit legii.
The government and ministries, with the opinion of the Court of Auditors, can establish specialized bodies under their subordination, only if the law recognizes this competence.
Autonomous administrative authorities can be established by organic law.

Article 118: The Armed Forces

The army is subordinate exclusively to the will of the people to guarantee the sovereignty, independence and unity of the state, the territorial integrity of the country and constitutional democracy. Under the conditions of the law and international treaties to which Romania is a party, the army contributes to collective defense in military alliance systems and participates in actions regarding the maintenance or restoration of peace.
The structure of the national defense system, the preparation of the population, the economy and the territory for defense, as well as the status of military personnel, shall be established by organic law.
Provisions of paragraphs (1) and (2) shall apply, mutatis mutandis, to other components of the armed forces established by law.
Organizing military or paramilitary activities outside of state authority is prohibited.
On the territory of Romania, foreign troops may enter, stay, conduct operations or pass through only under the conditions of the law or international treaties to which Romania is a party.

Article 119: Supreme Council for the Defence of the Country

The Supreme Defense Council of the Country organizes and unitarily coordinates the activities regarding the defense of the country and the national security, the participation in maintaining the international security and the collective defense in the military alliance systems, as well as in the peacekeeping or peace-restoring actions.

Section 2 Local public administration

Article 120: Basic Principles

The public administration in the administrative-territorial units is based on the principles of decentralization, local autonomy and deconcentration of public services.
In the administrative-territorial units where citizens belonging to a national minority have a significant weight, the use of the language of the respective national minority is ensured in writing and orally in relations with the authorities of the local public administration and with the decentralized public services, under the conditions provided by the organic law.

Article 121: Municipal and city authorities

The authorities of the public administration, through which local autonomy is realized in communes and cities, are the elected local councils and the elected mayors, under the conditions of the law.
Local councils and mayors function, in accordance with the law, as autonomous administrative authorities and deal with public affairs in communes and cities.
The authorities provided for in paragraph (1) may also be established in the administrative-territorial subdivisions of municipalities.

Article 122: County Council

The county council is the public administration authority for coordinating the activity of the town and municipal councils, in order to provide public services of county interest.
The county council is elected and operates under the conditions of the law.

Article 123: The Prefect

The government appoints a prefect in each county and in the municipality of Bucharest.
The prefect is the representative of the Government at local level and heads the deconcentrated public services of the ministries and other bodies of the central public administration in the administrative-territorial units.
The powers of the prefect are established by organic law.
Between prefects, on the one hand, local and mayoral councils, as well as county councils and their presidents, on the other hand, there are no hierarchical relationships.
The prefect can appeal to the administrative court an act of the county council, the local one or the mayor, in case he considers the act illegal. The attacked act is suspended by right.

Chapter VI The Judicial Power

Section 1 Courts of law

Article 124: Administration of Justice

Justice is served in the name of the law.
Justice is unique, impartial, and equal for all.
Judges are independent and subject only to the law.

Article 125: The Status of Judges

Judecătorii numiți de Președintele României sunt inamovibili, în condițiile legii.
Propunerile de numire, precum și promovarea, transferarea și sancționarea judecătorilor sunt de competența Consiliului Superior al Magistraturii, în condițiile legii sale organice.
The function of judge is incompatible with any other public or private function, with the exception of didactic functions in higher education.

Article 126: The Judicial Power

Justiția se realizează prin Înalta Curte de Casație și Justiție și prin celelalte instanțe judecătorești stabilite de lege.
The jurisdiction of the judicial authorities and the procedure for trial shall be provided for only by law.
The High Court of Cassation and Justice ensures the unitary interpretation and application of the law by the other judicial courts, within its competence.
The composition of the High Court of Cassation and Justice and the rules of its functioning shall be established by an organic law.
The establishment of extraordinary courts is prohibited. By organic law, specialized courts may be established in certain matters, with the possibility of participation, as the case may be, of persons outside the judiciary.
Judicial control of administrative acts of public authorities through administrative litigation is guaranteed, with the exception of those relating to relations with Parliament, as well as military command acts. Administrative courts are competent to hear claims from persons harmed by decrees or, as the case may be, by provisions of decrees declared unconstitutional.

Article 127: The public character of debates

Court hearings are public, except in cases provided by law.

Article 128: The use of the mother tongue and an interpreter in justice

The judicial procedure is conducted in Romanian.
Citizens belonging to national minorities have the right to express themselves in their mother tongue before the courts, in accordance with the organic law.
The methods of exercising the right provided in paragraph (2), including the use of interpreters or translations, shall be established in such a way as not to hinder the proper administration of justice and not to incur additional costs for those concerned.
Foreign citizens and stateless persons who do not understand or speak Romanian have the right to be informed of all acts and documents in the case file, to speak in court and to submit conclusions through an interpreter; in criminal proceedings this right is ensured free of charge.

Article 129: Use of force

Against the judicial decisions, the interested parties and the Public Ministry can exercise the remedies, under the conditions of the law.

Article 130: Court Police

The judicial instances have the police at their service.

Section 2 The Public Ministry

Article 131: The Role of the Public Ministry

In the judiciary, the Public Ministry represents the general interests of society and defends the rule of law, as well as the rights and freedoms of citizens.
The Public Ministry exercises its powers through prosecutors established in public prosecutor's offices, in accordance with the law.
Prosecutors work alongside the courts, and direct and oversee the criminal investigation activities of the judiciary police, in accordance with the law.

Article 132: The Status of Prosecutors

Prosecutors operate according to the principles of legality, impartiality and hierarchical control, under the authority of the Minister of Justice.
The function of the prosecutor is incompatible with any other public or private function, with the exception of didactic functions in higher education.

Section 3 The Superior Council of Magistrates

Article 133: Role and Structure

The Superior Council of Magistracy is the guarantor of the independence of the judiciary.
The Superior Council of Magistracy is made up of 19 members, of whom:
1. 14 are elected in the general assemblies of the magistrates and validated by the Senate; they are part of two sections, one for judges and one for prosecutors; the first section is made up of 9 judges, and the second of 5 prosecutors;
2. 2 representatives of civil society, specialists in the field of law, who enjoy a high professional and moral reputation, elected by the Senate; they participate only in plenary sessions;
3. The Minister of Justice, the President of the High Court of Cassation and Justice and the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice.
The President of the Superior Council of Magistracy is elected for a one-year term, which cannot be renewed, from among the magistrates provided for in paragraph (2) point 1.
The term of office of the members of the Superior Council of Magistracy is 6 years.
Decisions of the Superior Council of Magistracy are taken by secret ballot.
The President of Romania presides over the proceedings of the Superior Council of Magistracy, of which he is a member.
Decisions of the Superior Council of Magistracy are final and unappealable, except for those provided for in Article 134 paragraph (2).

Article 134: Attributes

The Superior Council of Magistrates proposes to the President of Romania the appointment to office of judges and prosecutors, with the exception of trainees, under the conditions provided by law.
The Superior Council of Magistracy fulfills the role of a court of justice, through its sections, in the field of the disciplinary responsibility of judges and prosecutors, according to the procedure established by its organic law. In these situations, the Minister of Justice, the President of the High Court of Cassation and Justice and the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice do not have the right to vote.
Decisions of the Superior Council of Magistracy in disciplinary matters can be appealed to the High Court of Cassation and Justice.
The Superior Council of Magistracy fulfills other duties established by its organic law, in fulfilling its role as a guarantor of the independence of justice.

Title IV Public Economy and Finance

Article 135: The Economy

The economy of Romania is a market economy, based on free initiative and competition.
The state must ensure:
1. libertatea comerțului, protecția concurenței loiale, crearea cadrului favorabil pentru valorificarea tuturor factorilor de producție;
2. protecting national interests in economic, financial and monetary activity;
3. Stimularea cercetării științifice și tehnologice naționale, a artei și protecția dreptului de autor;
4. exploitation of natural resources, in accordance with the national interest;
5. Refacerea și protejarea mediului înconjurător, precum și menținerea echilibrului ecologic;
6. creating the necessary conditions for improving the quality of life;
7. application of regional development policies in line with the objectives of the European Union.

Article 136: Ownership

The property is public or private.
Public property is guaranteed and protected by law and belongs to the state or administrative-territorial units.
The wealth of public interest of the subsurface, the airspace, the waters with exploitable energy potential, of national interest, the beaches, the territorial sea, the natural resources of the economic zone and the continental shelf, as well as other goods established by the organic law, are the exclusive object of public property.
Public property is inalienable. Under the organic law, it can be given for administration to autonomous regions or public institutions or it can be conceded or leased; it can also be given for free use to public utility institutions.
Private property is inviolable, under the conditions of the organic law.

Article 137: The Financial System

The formation, administration, use and control of the financial resources of the state, of the administrative-territorial units and of the public institutions are regulated by law.
The national currency is the leu, and its subdivision is the ban. In the conditions of accession to the European Union, by organic law, the circulation and replacement of the national currency with that of the European Union can be recognized.

Article 138: The National Public Budget

The national public budget includes the state budget, the state social insurance budget, and the local budgets of communes, towns, and counties.
The government draws up the draft state budget and the draft state social insurance budget annually and submits them separately for approval by the Parliament.
If the law on the state budget and the law on the state social insurance budget have not been adopted at least 3 days before the end of the fiscal year, the state budget and the state social insurance budget of the previous year continue to apply until the adoption of the new budgets.
Local budgets are drawn up, approved and executed in accordance with the law.
No budget expenditure can be approved without establishing the source of financing.

Article 139: Taxes, duties and other contributions

Taxes, duties, and any other state budget and state social insurance budget revenues are established solely by law.
Local and county taxes are established by local or county councils, within the limits and under the conditions of the law.
Amounts representing contributions to the establishment of funds shall be used, in accordance with the law, only for their intended purpose.

Article 140: The Court of Auditors

The Court of Auditors exercises control over the formation, administration and use of the financial resources of the state and the public sector. Under the organic law, disputes arising from the activities of the Court of Auditors are settled by specialized judicial courts.
The Court of Auditors shall submit to Parliament an annual report on the management accounts of the national public budget for the expired fiscal year, including the irregularities found.
On the request of the Chamber of Deputies or the Senate, the Court of Auditors checks the management of public resources and reports on its findings.
The auditors are appointed by Parliament for a 9-year term, which may not be extended or renewed. The members of the Court of Auditors are independent in the performance of their duties and irremovable for the duration of their term. They are subject to the incompatibilities provided by law for judges.
The Court of Audit is renewed with one third of the auditors appointed by Parliament, every three years, under the conditions provided by the organic law of the Court.
The revocation of the members of the Court of Auditors is made by Parliament, in the cases and conditions provided by law.

The Economic and Social Council is an advisory body to Parliament and the Government in the fields of expertise established by its organic law on establishment, organization and functioning.

Title V The Constitutional Court

Article 142: Structure

The Constitutional Court is the guarantor of the supremacy of the Constitution.
The Constitutional Court is made up of nine judges, appointed for a term of 9 years, which cannot be extended or renewed.
Three judges are appointed by the Chamber of Deputies, three by the Senate and three by the President of Romania.
The judges of the Constitutional Court elect, by secret ballot, the president thereof, for a term of 3 years.
The Constitutional Court is renewed with one third of its judges every three years, under the conditions provided by the organic law of the Court.

Article 143: Conditions for Appointment

Judges of the Constitutional Court shall have a superior legal education, high professional competence and at least 18 years of experience in legal practice or in higher legal education.

Article 144: Incompatibilities

The function of judge of the Constitutional Court is incompatible with any other public or private function, with the exception of didactic functions in the superior juridical teaching.

Article 145: Independence and Immovability

The judges of the Constitutional Court are independent in the exercise of their office and irremovable during their term of office.

Article 146: Attributes

The Constitutional Court has the following powers:
1. rules on the constitutionality of laws, before their promulgation, at the request of the President of Romania, one of the presidents of the two Chambers, the Government, the High Court of Cassation and Justice, the Ombudsman, at least 50 deputies or at least 25 senators, as well as, ex officio, on initiatives to revise the Constitution;
2. rules on the constitutionality of treaties or other international agreements, at the request of one of the presidents of the two Houses, of at least 50 deputies or at least 25 senators;
3. rules on the constitutionality of Parliament regulations, at the request of one of the presidents of the two Chambers, a parliamentary group or at least 50 deputies or at least 25 senators;
4. decides on exceptions of unconstitutionality regarding laws and ordinances, raised before the judicial courts or commercial arbitration; the exception of unconstitutionality may also be raised directly by the Ombudsman;
5. settles legal conflicts of a constitutional nature between public authorities, at the request of the President of Romania, one of the presidents of the two Chambers, the Prime Minister or the President of the Superior Council of Magistracy;
6. shall oversee the compliance with the procedure for the election of the President of Romania and shall confirm the results of the ballot;
7. notes the existence of circumstances justifying the interim exercise of the office of President of Romania and communicates what has been noted to Parliament and the Government;
8. gives an advisory opinion on the proposal to suspend the President of Romania;
9. shall oversee the compliance with the procedure for organizing and holding the referendum and shall confirm its results;
10. check the fulfillment of the conditions for the exercise of legislative initiative by citizens;
11. decides on challenges regarding the constitutionality of a political party;
12. performs other duties provided for in the organic law of the Court.

Article 147: Decisions of the Constitutional Court

The provisions of laws and ordinances in force, as well as those of regulations, found to be unconstitutional, shall cease their legal effects 45 days from the publication of the Constitutional Court's decision if, within this period, the Parliament or the Government, as the case may be, do not bring the unconstitutional provisions into compliance with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by right.
In cases of unconstitutionality concerning laws, before their promulgation, Parliament is obliged to re-examine the respective provisions for their alignment with the decision of the Constitutional Court.
In the event that the constitutionality of the international treaty or agreement has been established in accordance with Article 146, paragraph 2, it cannot be the subject of an exception of unconstitutionality. The international treaty or agreement found to be unconstitutional cannot be ratified.
The decisions of the Constitutional Court are published in the Official Gazette of Romania. From the date of publication, the decisions are generally binding and have force only for the future.

Chapter VI Euro-Atlantic Integration

Article 148: Integration into the European Union

Romania's accession to the founding treaties of the European Union, with a view to transferring certain powers to the Community institutions and to exercising jointly with the other Member States the powers provided for in these treaties, shall be effected by an Act adopted at a joint sitting of the Chamber of Deputies and the Senate, by a two-thirds majority of the number of deputies and senators.
As a result of accession, the provisions of the Treaties establishing the European Union and other mandatory Community regulations take precedence over conflicting provisions of national laws, in accordance with the provisions of the Act of Accession.
Provisions of paragraphs (1) and (2) shall apply, mutatis mutandis, to accession to acts revising the Treaties establishing the European Union.
The Parliament, the President of Romania, the Government and the judiciary shall guarantee the fulfilment of the obligations resulting from the act of accession and from the provisions of paragraph (2).
The government submits draft acts of a mandatory character to both Houses of Parliament before they are put to the approval of the institutions of the European Union.

Article 149: Accession to the North Atlantic Treaty

Romania's accession to the North Atlantic Treaty is made by law adopted at the joint meeting of the Chamber of Deputies and the Senate, with a majority of two thirds of the number of deputies and senators.

Title VII Revision of the Constitution

Article 150: Initiative for revision

The revision of the Constitution can be initiated by the President of Romania at the proposal of the Government, by at least a quarter of the number of deputies or senators, as well as by at least 500,000 voters.
Citizens initiating the revision of the Constitution must come from at least half of the country's counties, and in each of these counties or in the municipality of Bucharest, at least 20,000 signatures must be registered in support of this initiative.

Article 151: Review Procedure

The project or the revision proposal has to be adopted by the Chamber of Deputies and the Senate, with a majority of at least two thirds of the number of members of each Chamber.
If the mediation procedure does not lead to an agreement, the Chamber of Deputies and the Senate, in a joint meeting, decide with the vote of at least three quarters of the number of deputies and senators.
The revision is final after its approval by referendum, organized within 30 days of the date of adoption of the draft or the proposal for revision.

Article 152: Limits of Revision

The provisions of this Constitution concerning the national, independent, unitary and indivisible character of the Romanian state, the republican form of government, the integrity of its territory, the independence of justice, political pluralism and the official language may not be the subject of revision.
No revision may be made, either, which results in the suppression of the fundamental rights and freedoms of citizens, or of the guarantees thereof.
The Constitution cannot be revised during a state of siege or emergency, nor during wartime.

Title VIII Final and Transitional Provisions

Article 153: Entry into force

This Constitution shall enter into force on the date of its approval by referendum. On the same date, the Constitution of 21 August 1965 shall be and remain wholly repealed.

Article 154: Temporal Conflict of Laws

The laws and all other normative acts remain in force, insofar as they do not contravene this Constitution.
The Legislative Council, within 12 months of the date of entry into force of its organic law, will examine the compliance of the legislation with this Constitution and will make appropriate proposals to Parliament or, as the case may be, to the Government.

Article 155: Transitional Provisions

Proiectele de legi și propunerile legislative în curs de legiferare se dezbat și se adoptă potrivit dispozițiilor constituționale anterioare intrării în vigoare a legii de revizuire.
Institutions provided for by the Constitution, existing at the date of entry into force of the revision law, remain in office until the new ones are established.
The provisions of Article 83, paragraph (1) shall apply as from the next Presidential term.
The provisions regarding the High Court of Cassation and Justice shall be implemented within a maximum of 2 years from the date of entry into force of the revision law.
Judges of the Supreme Court of Justice and auditors appointed by Parliament shall continue their activity until the expiry of the term for which they were appointed. In order to ensure the renewal of the Court of Auditors every 3 years, upon expiry of the current auditors' term, they may be appointed for another term of 3 or 6 years.
Until the establishment of specialized judicial bodies, disputes arising from the activity of the Court of Auditors will be settled by the ordinary judicial bodies.

Article 156: Republishing the Constitution

The revised Constitution shall be published in the Official Gazette of Romania within 5 days of its adoption. The Constitution, as amended and supplemented, after approval by referendum, shall be republished by the Legislative Council, with the updating of the names, giving the texts a new numbering.