PETRE ANDREI UNIVERSITY OF IASI

FACULTY OF LOW

JURIDIC ENGLISH

THE PRINCIPLES OF THE ROMANIAN CONSTITUTION

Bianca Isabela Enache

Year II The second group

The 1991 Constitution of Romania was adopted on 21 November 1991. It was approved
in a referendum on 8 December and introduced on the same day. It remains the current
fundamental law that establishes the structure of the government of Romania, the rights
and obligations of the country's citizens, and its mode of passing laws. It stands as the
basis of the legitimacy of the Romanian government.
The constitution was most recently revised by a referendum on 18 October 2003. The
new text took effect on 29 October 2003.
Initial version
The 1991 Constitution enshrined the return to democracy after the fall of the Communist
regime. The draft was composed by a committee of parliamentarians and constitutional
law specialists; was approved by Parliament, meeting as a Constituent Assembly, by a
vote of 414 to 95 on 21 November 1991, being published in Monitorul Oficial the same
day; and was approved by referendum on 8 December 1991, with 77.3% voting in favour.
The 1991 Constitution contains 7 titles and 152 articles. Romania is defined as a
national, sovereign, independent, unitary and indivisible state. The form of government
is the republic, the president having up to two four-year terms. He represents the
Romanian state in domestic and foreign relations, ensures obedience to the constitution
and the proper functioning of state institutions, and is the guarantor of the states
independence, unity and integrity. Parliament is the supreme representative organ of the
Romanian people and the sole lawmaking authority; it is bicameral (Chamber of
Deputies and Senate) and elected for four years. After the prime minister is named by the
president, Parliament validates the composition and programme of the Government and
can dismiss it following a motion of censure. The constitution provides for fundamental
civic rights and freedoms, and creates the office of Romanian Ombudsman to ensure
these are respected.
2003 revision
The 1991 Constitution has been amended one time, in 2003. Articles were introduced on
Integration into the European Union and NATOAccession, bringing the total to 156
in 8 titles. These specified that both could take place by parliamentary vote alone, and
that EU citizens living in Romania can vote and run in local elections. The new document
grants minorities the right to use their native language when dealing with local
administration and the courts, improves the functioning of the legislative chambers
(better specifying their attributes) and restricts the privilege of parliamentary immunity to
political declarations, extends the presidents term to five years, explicitly guarantees
rather than protects the right to private property and removes the constitutional
obligation for conscription (which ended in 2006). The revised document was adopted by
referendum on 1819 October 2003; turnout was slightly above the 50%+1 threshold
needed for it to be valid, with 55.7% of 17,842,103 eligible voters showing up. The
opposition and NGOs alleged serious irregularities. 89.70% voted yes and 8.81%, no. It
came into force ten days later.
Romania is a sovereign, independent, unitary and indivisible National State.
The form of government of the Romanian State is a Republic.

Romania is a democratic and social state, governed by the rule of law, in which human
dignity, the citizens' rights and freedoms, the free development of human personality,
justice and political pluralism represent supreme values, in the spirit of the democratic
traditions of the Romanian people and the ideals of the Revolution of December 1989,
and shall be guaranteed.
The State shall be organized based on the principle of the separation and balance of
powers -legislative, executive, and judicial - within the framework of constitutional
democracy.
In Romania, the observance of the Constitution, its supremacy and the laws shall be
mandatory.
The national sovereignty shall reside within the Romanian people, that shall exercise it by
means of their representative bodies, resulting from free, periodical and fair elections, as
well as by referendum.
No group or person may exercise sovereignty in one's own name.
The territory of Romania is inalienable.
The frontiers of the country are sanctioned by an organic law, with the observance of the
principles and other generally recognized regulations of international law.
The territory is organized administratively into communes, towns and counties. Some
towns are declared municipalities, according to the provisions of the law.
No foreign populations may be displaced or colonized on the territory of the Romanian
State.
Romanian citizenship can be acquired, retained or lost as provided by the organic law.
Romanian citizenship cannot be withdrawn if acquired by birth.
The Romanian State pledges to fulfil as such and in good faith its obligations as deriving
from the treaties it is a party to.
Treaties ratified by Parliament, according to the law, are part of national law.
If a treaty Romania is to become a party to comprises provisions contrary to the
Constitution, its ratification shall only take place after the revision of the Constitution.
The flag of Romania is tricolour; the colours are arranged vertically in the following
order from the flag-pole: blue, yellow, red.
The National Day of Romania is the 1st of December.
The national anthem of Romania is "Awake, Romanians".
The country's coat of arms and the State's seal shall be established by organic laws.
In Romania, the official language is Romanian.
The President of Romania shall represent the Romanian State and is the safeguard of the
national independence, unity and territorial integrity of the country.

The President of Romania shall guard the observance of the Constitution and the proper
functioning of the public authorities. To this effect, he shall act as a mediator between the
Powers in the State, as well as between the State and society.

BIBLIOGRAPHY...
Constitution of Romania (227/2003)
Ioan Scurtu Political structures in Central and South-Eastern
Europe 1918-2001, Volumul 1