Romania | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

Art. 16 (4) After Romania's accession to the European Union, the Union's citizens who comply with the requirements of the organic law have the right to elect and be elected to the local public administration bodies.

Art 38 After Romania's accession to the European Union, Romanian citizens shall have the right to elect and be elected to the European Parliament.

Art. 44 (2) Private property shall be equally guaranteed and protected by the law, irrespective of its owner. Foreign citizens and stateless persons shall only acquire the right to private property of land under the terms resulting from Romania 's accession to the European Union and other international treaties Romania is a party to, on a mutual basis, under the terms stipulated by an organic law, as well as a result of lawful inheritance

Art. 135 (1) Romania 's economy is a free market economy, based on free enterprise and competition.

(2) The State must secure:

g) implementation of regional development policies in compliance with the objectives of the European Union.

Art. 137 (2) The national currency is the Leu, with its subdivision, the Ban. Under the circumstances of Romania's accession to the European Union, the circulation and replacement of the national currency by that of the European Union may be acknowledged by means of an organic law.

Art. 148 (1) Romania's accession to the constituent treaties of the European Union, with a view to transferring certain powers to community institutions, as well as to exercising in common with the other member states the abilities stipulated in such treaties, shall be carried out by means of a law adopted in the joint sitting of the Chamber of Deputies and the Senate, with a majority of two thirds of the number of deputies and senators.

(2) As a result of the accession, the provisions of the constituent treaties of the European Union, as well as the other mandatory community regulations shall take precedence over the opposite provisions of the national laws, in compliance with the provisions of the accession act.

(3) The provisions of paragraphs (1) and (2) shall also apply accordingly for the accession to the acts revising the constituent treaties of the European Union.

(4) The Parliament, the President of Romania, the Government, and the judicial authority shall guarantee that the obligations resulting from the accession act and the provisions of paragraph (2) are implemented.

(5) The Government shall send to the two Chambers of the Parliament the draft mandatory acts before they are submitted to the European Union institutions for approval.

2. Provisions concerning International Treaties

Art. 3 (2) The frontiers of the country are sanctioned by an organic law, with the observance of the principles and other generally recognized regulations of international law.

Art. 10 Romania fosters and develops peaceful relations with all the states, and, in this context, good neighbourly relations, based on the principles and other generally recognized provisions of international law.

Art. 11 (1) The Romanian State pledges to fulfil as such and in good faith its obligations as deriving from the treaties it is a party to.

(2) Treaties ratified by Parliament, according to the law, are part of national law.

(3) If a treaty Romania is to become a party to comprises provisions contrary to the Constitution, its ratification shall only take place after the revision of the Constitution.

Art. 75 (1) The Chamber of Deputies, as a first notified Chamber, shall debate and adopt the bills and legislative proposals for the ratification of treaties or other international agreements and the legislative measures deriving from the implementation of such treaties and agreements, as well as bills of the organic laws stipulated under article 31 (5), article 40 (3), article 55 (2), article 58 (3), article 73 (3) e), k), 1), n), o), article 79 (2), article 102 (3), article 105 (2), article 117 (3), article 118 (2) and (3), article 120 (2), article 126 (4) and (5), and article 142 (5). The other bills or legislative proposals shall be submitted to the Senate, as a first notified Chamber, for debate and adoption.

Art. 91 (1) The President shall, in the name of Romania, conclude international treaties negotiated by the Government, and then submit them to the Parliament for ratification, within a reasonable time limit. The other treaties and international agreements shall be concluded, approved, or ratified according to the procedure set up by law.

Art. 146 The Constitutional Court shall have the following powers:

b) to adjudicate on the constitutionality of treaties or other international agreements, upon notification by one of the presidents of the two Chambers, a number of at least 50 deputies or at least 25 senators;

Art. 147 (3) If the constitutionality of a treaty or international agreement has been found according to article 146 b), such a document cannot be the subject of an objection of unconstitutionality. The treaty or international agreement found to be unconstitutional shall not be ratified.

3. Provisions concerning constitutional reform

Art. 150 (1) Revision of the Constitution may be initiated by the President of Romania on the proposal of the Government, by at least one quarter of the number of Deputies or Senators, as well as by at least 500,000 citizens with the right to vote.

(2) The citizens who initiate the revision of the Constitution must belong to at least half the number of the counties in the country, and in each of the respective counties or in the Municipality of Bucharest, at least 20,000 signatures must be recorded in support of this initiative.

Art. 151 (1) The draft or proposal of revision must be adopted by the Chamber of Deputies and the Senate, by a majority of at least two thirds of the members of each Chamber.

(2) If no agreement can be reached by a mediation procedure, the Chamber of Deputies and the Senate shall decide thereupon, in joint sitting, by the vote of at least three quarters of the number of Deputies and Senators.

(3) The revision shall be final after the approval by a referendum held within 30 days of the date of passing the draft or proposal of revision.

Art. 152 (1) The provisions of this Constitution with regard to the national, independent, unitary and indivisible character of the Romanian State , the republican form of government, territorial integrity, independence of justice, political pluralism and official language shall not be subject to revision.

(2) Likewise, no revision shall be made if it results in the suppression of the citizens' fundamental rights and freedoms, or of the safeguards thereof.

(3) The Constitution shall not be revised during a state of siege or emergency, or in wartime.

4. Provisions concerning referendums

Art. 90 (1) The President of Romania may, after consultation with Parliament, ask the people of Romania to express, by referendum, their will on matters of national interest.

Article 95 (1) In case of having committed grave acts infringing upon constitutional provisions, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in joint sitting, by a majority vote of Deputies and Senators, and after consultation with the Constitutional Court. The President may explain before Parliament with regard to imputations brought against him.
(2) The proposal of suspension from office may be initiated by at least one third of the number of Deputies and Senators, and the President shall be immediately notified thereof.
(3) If the proposal of suspension from office has been approved, a referendum shall be held within 30 days, in order to remove the President from office.

Article 151 (1) The draft or proposal of revision must be adopted by the Chamber of Deputies and the Senate, by a majority of at least two thirds of the members of each Chamber.
(2) If no agreement can be reached by a mediation procedure, the Chamber of Deputies and the Senate shall decide thereupon, in joint sitting, by the vote of at least three quarters of the number of Deputies and Senators.
(3) The revision shall be final after the approval by a referendum held within 30 days of the date of passing the draft or proposal of revision.