The Sovereignty Constitution — draft revision of the Constitution of Romania
THE THIRD REPUBLIC
“The Sovereignty Constitution” — draft revision of the
Constitution of Romania
SOLE ARTICLE → the reasons
The Constitution of Romania of 21 November 1991, republished in the Official Gazette of Romania, Part I, no. 767 of 31 October 2003, is amended and supplemented as follows:
In article 1, paragraphs (4) and (5) are amended and shall read as follows: → the reasons
“(4) The State is organised according to the principles of the separation, balance and loyal cooperation of the three equal powers — legislative, executive and judicial — within constitutional democracy. The legislative power is represented by Parliament, the executive power by the Government and the other specialised bodies of central public administration, and the judicial power by the High Court of Cassation and Justice and the other courts of law.”
“(5) In Romania, observance of the Constitution and of its supremacy, of the laws, and likewise observance of judicial decisions and of the decisions of the Constitutional Court, is mandatory.”
In article 19, paragraph (2) is repealed. → the reasons
In article 21, paragraph (3) is amended and shall read as follows: → the reasons
“(3) The parties shall have the right to a fair trial and to the settlement of their cases within a reasonable, optimal and foreseeable time, by an independent and impartial tribunal established by law.”
In article 22, paragraph (2) is amended and shall read as follows: → the reasons
“(2) No one may be subjected to torture or to any kind of inhuman, degrading or experimental punishment or treatment.”
In article 22, after paragraph (3), paragraphs (4), (5) and (6) are inserted, reading as follows: → the reasons
“(4) The biological sexual identity of the child, acquired at birth, may not be altered before the age of 18.
(5) The right of the person to self-determination and to develop freely according to his own free will, with due regard to his status as a responsible person, as attributes of human dignity, are inalienable human rights and are guaranteed and protected by the Romanian State.
(6) No authority, institution or individual may, by any technological mechanism, increase, diminish, disturb or alter the individual physical or mental integrity of a person without that person’s written, express, informed and freely expressed consent or, in the case of a person under judicial interdiction or of a patient unable to express his will, without the written, express, informed and freely expressed consent of the legal representative.”
In article 23, paragraph (4) is amended and shall read as follows: → the reasons
“(4) Exceptionally and on reasoned grounds, investigation and trial in criminal proceedings shall take place with the person deprived of liberty. Pre-trial detention shall be ordered by the judge of the court competent to try the merits of the case, under the conditions of the law, only if strictly necessary for the proper conduct of the criminal proceedings and only in the course of those proceedings, after the criminal action has been set in motion.”
In article 23, after paragraph (13), paragraphs (14) and (15) are added, reading as follows: → the reasons
“(14) No Romanian citizen may be placed under surveillance or monitored, nor may his conversations or communications be intercepted, without the prior authorisation of a judge given in accordance with the law, and such measures shall be carried out solely by the criminal investigation bodies. The use in proceedings of documents and recordings obtained in breach of the legal rules governing them, or produced by bodies other than the criminal investigation bodies, is prohibited.
(15) In no situation and on no ground may the existence of a collective right be invoked in order to limit individual liberty.”
In article 24, after paragraph (2), paragraphs (3) to (5) are added, reading as follows: → the reasons
“(3) The right of defence may be exercised directly or through chosen counsel, without any possibility of making access to the documents of a case pending before the prosecution services or the courts conditional upon holding an authorisation or certificate issued by any public authority.
(4) It is prohibited for the criminal investigation bodies, for any court, or for any authority or institution to use classified documents or information to which a person or his chosen counsel has no access without prior authorisation, where by or on the basis of such documents any right of that person is restricted or any legitimate interest of his is affected.”
(5) Throughout the criminal proceedings, the principle of equality of arms between the prosecution and the defence is guaranteed at the highest level.”
In article 27, paragraph (3) is amended and shall read as follows: → the reasons
“(3) A search shall be ordered by the judge of the court competent to try the merits of the case and shall be carried out under the conditions and in the forms provided by law, and solely for the purpose and within the limits set out in the search warrant. The information and goods sought shall be expressly identified in the search warrant, which shall be issued only on reasoned grounds and only if the search is absolutely necessary for the discovery of the offences under investigation at the date on which authorisation is requested.”
In article 28, after paragraph (1), three new paragraphs, (2), (3) and (4), are inserted as follows: → the reasons
“(2) The public authorities shall guarantee the secrecy of correspondence.
(3) The interception and recording of conversations or communications carried out by telephone or by any other electronic means of communication, ambient recording, location or tracking by GPS or by other electronic means of surveillance, the recording of images, obtaining the list of telephone calls or other similar techniques provided by law shall be ordered by the judge of rights and liberties of the court having material jurisdiction to try the merits of the case, only on well-founded grounds, if such measures are absolutely necessary in order to prove the offence in respect of which there is reasonable suspicion, and shall be carried out solely by the criminal investigation bodies.”
(4) Where there is particular urgency in taking one of the measures provided for in paragraph (2), the prosecutor may, provisionally, order by ordinance, in compliance with the conditions laid down by law, that the measure be taken for a period of no more than 48 hours. Immediately after the measure has been taken, the prosecutor shall apply to the competent court, which shall rule on the measure ordered by the prosecutor and, if so requested, on its continuation. If the measure ordered by the prosecutor is set aside, the court shall order, where appropriate, the destruction of the evidence obtained, carried out by the prosecutor on the basis of a written record filed with the court.”
In article 32, after paragraph (7), paragraph (8) is added, reading as follows: → the reasons
“(8) For the funding of national education, a minimum of 6% of the gross domestic product of the year concerned shall be allocated annually from the State budget and from the budgets of the local public authorities. In addition, educational units and institutions may obtain and use their own revenue autonomously.”
In article 34, after paragraph (3), paragraphs (4) and (5) are added, reading as follows: → the reasons
“(4) No one may be subjected against his will to any prophylactic or medical treatment, nor to the removal or transplantation of organs. Medical treatments are possible only with written, complete and honestly informed consent.
(5) For the funding of national health care, a minimum of 9% of the gross domestic product of the year concerned shall be allocated annually from the State budget and from the budgets of the local public authorities. In addition, health units and institutions may obtain and use their own revenue autonomously.”
In article 37, after paragraph (2), paragraph (3) is added, reading as follows: → the reasons
“(3) The right to stand for election of Romanian citizens who meet the conditions laid down in the preceding paragraphs may not be restricted otherwise than by a final criminal judgment.”
In article 40, paragraph (3) is amended and shall read as follows: → the reasons
“(3) The following may not belong to political parties: the judges of the Constitutional Court, the Ombudsman, national judges and prosecutors and staff assimilated to them, European magistrates, active members of the armed forces and of the intelligence services, police officers and other categories of public servants established by organic law. These professional categories may not belong to political parties and may not hold appointed or elected public office for a period of 5 years after ceasing to exercise those functions.”
In article 44, after paragraph (9), paragraph (10) is added, reading as follows: → the reasons
“(10) The Romanian citizen has the right to keep, use and dispose of his property freely and unconditionally, according to his own will. The obtaining, holding and use of any currency in cash may not be limited or made conditional.”
In article 48, paragraphs (1) and (2) are amended and shall read as follows: → the reasons
“(1) The family is founded on the freely consented marriage between two human beings of opposite sex whose sexual identity acquired at birth is unchanged, on their equality, and on the right and duty of the parents to ensure the upbringing, education and instruction of their children.
(2) The conditions for concluding, dissolving, terminating and annulling a marriage shall be established by law. The religious union between a man and a woman produces no legal effects and may be celebrated even without a civil marriage having been concluded.”
Article 52 is amended and shall read as follows: → the reasons
“(1) A person injured in one of his rights or in a legitimate interest by a public authority, by a judicial body or by a court, through an administrative act, through the failure to settle a request within the legal time limit, through acts of the prosecutor or through judicial decisions, is entitled to obtain recognition of the right or legitimate interest claimed, the annulment of the act or of the judicial decision, and compensation for the damage.
(2) The conditions and limits for the exercise of this right shall be established by organic law.
(3) The State bears patrimonial liability for damage caused by judicial errors. The liability of the State is established under the conditions of the law and does not remove the liability of magistrates who have exercised their office in bad faith or with gross negligence.
(4) The liability of magistrates for exercising their office in bad faith or with gross negligence shall be established by organic law, which must include the civil, disciplinary and criminal liability of the magistrate who caused the injury to the right or legitimate interest.
(5) The rights and liability of judges and prosecutors as they stand at the date of their admission to office may not be diminished by law subsequent to their appointment by decree of the President.”
In article 62, paragraph (2) is amended and shall read as follows: → the reasons
“(2) There shall be represented in the Parliament of Romania those citizens who have voted for a party which obtained at least 1% of the votes of the population, and independent members of parliament who obtained at least 73,000 votes for the Chamber of Deputies and 168,000 votes for the Senate. Signatures in support of the candidacies of political parties and of independent candidates may also be collected online, citizens being able to sign with any form of digital signature recognised by law.”
In article 65, after letter k) of paragraph (2), a new letter l) is added, reading as follows: → the reasons
“l) It designates the Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice and the Chief Prosecutors of the National Anticorruption Directorate and of the Directorate for Investigating Organised Crime and Terrorism.”
In article 70, after paragraph (2), paragraph (3) is inserted, reading as follows: → the reasons
“(3) The office of deputy or senator also ceases where the holder is removed from office by a local referendum convened in the electoral constituency in which he was elected by 7,300 citizens in the case of a deputy, and by 16,800 citizens in the case of a senator. The signatures for convening the referendum may also be collected online, citizens being able to sign with any form of digital signature recognised by law. A referendum for the removal of a member of parliament may not be held in the last 6 months of the mandate. The member of parliament is removed if half plus one of those taking part in the referendum vote in favour of removal, irrespective of the participation quorum. After the Constitutional Court has established that the mandate has ceased, the vacant seat shall be filled, until the next elections, by the next candidate elected in the constituency concerned at the last elections.”
In article 72, paragraph (3) is amended and shall read as follows: → the reasons
“(3) In the case of a flagrant offence, deputies or senators may be detained and searched. The Minister of Justice shall inform the President of the Chamber without delay of the detention and of the search.”
In article 74, paragraph (1) is amended and shall be worded as follows: → the reasons
“(1) Legislative initiative belongs, as the case may be, to the Government, to deputies, to senators or to at least 30,000 citizens entitled to vote. The signatures in support of citizens’ legislative initiatives may also be collected online, citizens being able to sign with any form of digital signature recognised by law.”
In article 75, paragraph (2) is amended and shall read as follows: → the reasons
“(2) The first Chamber notified shall decide within 45 days. For codes and other laws of particular complexity the time limit is 60 days. Where these time limits are exceeded, the bills or legislative proposals shall be deemed rejected.”
In article 82, paragraph (1) is amended and shall be worded as follows: → the reasons
“(1) The result of the elections for the office of President of Romania shall be validated by the High Court of Cassation and Justice.”
Article 83 is amended and shall read as follows: → the reasons
“(1) The mandate of the President of Romania is 4 years and is exercised from the date of the oath, which shall take place in the same calendar year as the election of Parliament.
(2) The President of Romania shall exercise his mandate until the newly elected President takes the oath, without that mandate exceeding 4 calendar years.
(3) The mandate of the President of Romania may not be extended for any reason. After the end of the President’s mandate, in the event of war, disaster or impossibility of holding presidential elections, the office of interim President shall be exercised, in order, by the President of the Senate or by the President of the Chamber of Deputies, for a period of no more than 12 months, within which the new President of Romania must be elected.”
In article 90, after paragraph (1), paragraphs (2) and (3) are added, reading as follows: → the reasons
“(2) No referendum of any kind may be held simultaneously with elections, whatever their nature.
(3) Consultative referendums may not be initiated on matters for which the Constitution excludes citizens’ initiative or which involve procedures concluded by mandatory referendums.”
In article 94, letter b) is amended and shall read as follows: → the reasons
“b) confers the ranks of marshal, general and admiral only with the conforming opinion of the specialised committees of Parliament.”
In article 97, paragraph (2) is amended and shall read as follows: → the reasons
“(2) The President may be removed from office by a referendum convened by at least 100,000 citizens entitled to vote, who must come from at least one quarter of the counties of the country. The signatures for convening the referendum may also be collected online, citizens being able to sign with any form of digital signature recognised by law. A referendum for the removal of the President may not be held in the last 6 months of the mandate. The President is removed if half plus one of those taking part in the referendum vote in favour of removal, irrespective of the participation quorum.”
In article 103, paragraph (1) is amended and shall read as follows: → the reasons
“The President of Romania shall propose for the approval of Parliament the candidate designated for the office of Prime Minister by the party or alliance of parties holding the majority in Parliament. Should that candidate fail to obtain Parliament’s vote of confidence, the President shall designate another candidate after consulting the parties represented in Parliament.”
In article 108, paragraphs (2) and (3) are amended and shall read as follows: → the reasons
“(2) Decisions shall be issued for the organisation of the execution of laws. Government decisions may not amend or add to the content of the primary norm which orders their issuance.
(3) Ordinances shall be issued on the basis of a special enabling law, within the limits and under the conditions laid down therein, and may regulate exclusively in the field reserved to ordinary laws.”
In article 115, paragraphs (3), (5) and (6) are amended and shall read as follows: → the reasons
“(3) Ordinances shall be submitted for the approval of Parliament, in accordance with the legislative procedure, before the expiry of the enabling period. Failure to observe the time limit entails the cessation of the effects of the ordinance. (…)
(5) An emergency ordinance shall enter into force only after being laid before the Chamber competent to be notified for debate under the emergency procedure, and after its publication in the Official Gazette of Romania. If the Chambers are not in session, they shall be convened compulsorily within 5 days of the laying or, as the case may be, of the transmission. The Chamber notified shall rule as a matter of urgency on the ordinance, within no more than 30 days of the laying, the ordinance being transmitted to the other Chamber, which shall likewise decide under the emergency procedure. An emergency ordinance containing norms of the nature of an organic law shall be approved by the majority provided for in article 76 paragraph (1). Failure to observe the time limit entails the cessation of the effects of the emergency ordinance. If, within no more than 90 days of adoption by the first Chamber notified, the decision-making Chamber has not ruled on the emergency ordinance, it shall be deemed rejected. *
(6) Emergency ordinances may not be adopted in the field of constitutional laws, may not affect the regime of the fundamental institutions of the State, the rights, liberties and duties provided for by the Constitution, or electoral rights, and may not concern measures for the forced transfer of goods into public property, nor for the abolition, alienation or concession of goods in public property.”
In article 116, after paragraph (2), a new paragraph (3) is added, as follows: → the reasons
“(3) Appointed public offices, or offices and capacities filled by direct designation, for which no competition or examination is organised, may be held for a mandate of no more than 4 years, renewable once, unless another duration of the mandate or number of mandates is provided for by the Constitution.”
In article 118, paragraphs (4) and (5) are amended and shall read as follows: → the reasons
“(4) The intelligence services and services assimilated to them shall be organised exclusively as civilian bodies, under the conditions of the law. Personnel with military status may be employed exclusively within the armed forces of the Ministry of Defence, within the structure of the Romanian Gendarmerie, within the operational anti-terrorist intervention structures of the intelligence services, and within the penitentiary system of the Ministry of Justice. The organisation of military or paramilitary activities outside a State authority is prohibited.
(5) In peacetime, foreign troops may enter, be stationed on, conduct operations on, or pass through the territory of Romania only with the prior consent of Parliament and under the conditions of the law or of the international treaties to which Romania is a party.”
In article 118, after paragraph (5), paragraphs (6) and (7) are inserted, reading as follows: → the reasons
“(6) On the territory of Romania, command of the Romanian or foreign armed forces stationed under the conditions of the preceding paragraph belongs exclusively to the Romanian army. Transfer of authority over the armed forces of Romania is prohibited.
(7) In peacetime, the national defence budget may not exceed 2% of the national budget of the year concerned.”
In article 119, after paragraph (1), a new paragraph (2) is inserted, as follows: → the reasons
“(2) The Supreme Council of National Defence includes, by right, the President, the Prime Minister, the presidents of the two Chambers of Parliament, the Minister of Defence, the Minister of Justice and the heads of the intelligence services. The heads of the intelligence services are designated for a period of 4 years in a joint sitting of Parliament, their mandate being renewable once for the same period.”
In article 120, after paragraph (2), four new paragraphs (3) to (6) are inserted, reading as follows: → the reasons
(3) The presidents of the county councils, the mayor of the Municipality of Bucharest and of its sectors, and the mayors of municipalities, towns and communes are elected by universal, equal, direct, secret and freely expressed vote for a mandate of four years, renewable once.
(4) The candidate who has obtained, in the first round of voting, the majority of the voters’ votes shall be declared elected.
(5) Where none of the candidates has obtained that majority, a second round of voting shall be organised between the first two candidates established in the order of the number of votes obtained in the first round. The candidate who has obtained the greatest number of votes shall be declared elected.
(6) The presidents of the county councils, the mayor of the Municipality of Bucharest and of its sectors, the mayors of municipalities, towns and communes, as well as county, general or local councillors may be removed from office by a referendum convened by a number of citizens equal to at least 20% of the citizens who voted for them. The signatures for convening the referendum may also be collected online, citizens being able to sign with any form of digital signature recognised by law. A referendum for the removal of local elected officials may not be held in the last 6 months of the mandate. The local elected official is removed if half plus one of those taking part in the referendum vote in favour of removal, irrespective of the participation quorum.”
In article 124, paragraph (3) is amended and shall read as follows: → the reasons
“(3) Judges shall be exclusively Romanian citizens, are independent and subject only to the law. Any administrative provision has the role of ensuring the functioning of the judicial system without affecting the adjudicating activity carried out by judges.”
In article 124, after paragraph (3), two new paragraphs (4) and (5) are inserted, reading as follows: → the reasons
“(4) Judges may not be operative workers, including undercover workers, informers or collaborators of any national or international intelligence service. Judges who held such capacities before their appointment shall be removed from office.
(5) Serving judges may not be members of occult, secret or discreet associations and societies. Serving judges may be members exclusively of professional associations, and the activity carried out must concern the field of justice.”
In article 125, paragraphs (1), (2) and (3) are amended and shall read as follows: → the reasons
“(1) Judges appointed to office are Romanian citizens and are irremovable, under the conditions of the law.
(2) Proposals for appointment, as well as the promotion, transfer and sanctioning of judges and prosecutors, fall within the competence of the Superior Council of Magistracy, under the conditions of its organic law.
(3) The office of judge is incompatible with any other public or private office, with the exception of teaching positions in higher education and teaching positions at the National Institute of Judges and Prosecutors and at the National School of Clerks.”
In article 126, paragraph (3) is amended and shall read as follows: → the reasons
“(3) The High Court of Cassation and Justice shall ensure the uniform interpretation and application of the law by the other courts of law, and also the resolution of points of law, according to its competence.”
In article 132, paragraph (2) is amended and shall read as follows: → the reasons
“(2) The office of prosecutor is incompatible with any other public or private office, with the exception of teaching positions in higher education and teaching positions at the National Institute of Judges and Prosecutors and at the National School of Clerks.”
Article 133 is amended and shall read as follows: → the reasons
“(1) The Superior Council of Magistracy is the guarantor of the independence of justice.
(2) The Superior Council of Magistracy is composed of 15 members, of whom:
a) 10 are elected in the general assemblies of judges and validated by the Senate; they are elected as follows:
— 2 from among the judges of the first-instance courts, by the judges serving in those courts;
— 3 from among the judges of the tribunals, by the judges serving in the tribunals;
— 3 from among the judges of the courts of appeal, by the judges serving in the courts of appeal;
— 2 from among the judges of the High Court of Cassation and Justice, one elected by the judges serving in the criminal section and one elected by the judges serving in the other sections;
b) 2 representatives of civil society, specialists in the field of law, enjoying a high professional and moral reputation, who have not belonged to political parties in the last 5 years, elected by the Senate; they take part only in the plenary proceedings;
c) 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.
(3) The President of the Superior Council of Magistracy is elected for a mandate of one year, which may not be renewed, from among the magistrates provided for in paragraph (2) letter a), in the descending order of professional rank and of seniority.
(4) The President of the Superior Council of Magistracy is elected for a mandate of one year, which may not be renewed or extended in any way, from among the judges provided for in paragraph (2).
(5) The mandate of the members of the Superior Council of Magistracy lasts 4 years.
(6) The decisions of the Superior Council of Magistracy are taken by secret or open vote, according to the law.”
Article 134 is amended and shall read as follows: → the reasons
“(1) The Superior Council of Magistracy proposes to the President of Romania the appointment of judges and prosecutors, with the exception of trainees, under the conditions of the law, selected through the annual national competition for admission to the magistracy, organised by the National Institute of Magistracy, from among persons holding a law degree with at least 8 years’ seniority in legal professions or in higher legal education.
(2) Prosecutors may not be moved or transferred to the office of judge otherwise than by passing the examination referred to in paragraph (1).
(3) Judges and prosecutors may be delegated or seconded to executive or management positions only by the Superior Council of Magistracy, through a national examination or competition organised by the National Institute of Magistracy.
(4) The Superior Council of Magistracy acts as a court of law in the field of the disciplinary liability of judges and prosecutors, according to the procedure laid down in its organic law. In such cases, 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 have no right to vote. *
(5) The decisions of the Superior Council of Magistracy in disciplinary matters may be challenged before the High Court of Cassation and Justice. Before the same court may be challenged the decisions of the Superior Council of Magistracy rejecting the disciplinary sanctioning of judges and prosecutors.
(6) The Superior Council of Magistracy also performs other duties established by its organic law, in fulfilment of its role as guarantor of the independence of justice.
(7) The Judicial Inspectorate carries out the preliminary investigation of judges and prosecutors and operates under the authority of the Minister of Justice, as a directorate with legal personality within the Ministry of Justice. Judicial inspectors serve in this directorate, having a legal career of at least 12 years in legal positions, including that of magistrate. Positions of judicial inspector are filled by a competition organised at national level by the National Institute of Magistracy, and the mandate of judicial inspectors lasts 6 years, renewable once for the same period. During their mandate, judicial inspectors have the same rights and obligations as judges and prosecutors, being assimilated to them according to the seniority held in the legal position. Judicial inspectors are sanctioned by the Minister of Justice, in accordance with the organic law governing the liability of magistrates.”
In article 136, paragraph (4) is amended and shall read as follows: → the reasons
“(4) Goods in public property are inalienable. Under the conditions of the organic law, they may be entrusted for administration to autonomous authorities or public institutions, or may be granted under concession or leased; likewise, they may be given for free use to institutions of public utility. The royalties due under concession contracts shall be updated to the level of the prices practised in the European Union every five years.”
In article 140, paragraph (3) is amended and shall read as follows: → the reasons
“(3) The Court of Accounts shall verify the manner of managing public resources and shall report its findings to Parliament at least once a year. The report is public.”
In article 142, paragraph (3) is amended and shall read as follows: → the reasons
“(3) Three judges are appointed by the High Court of Cassation and Justice, three by the Government, two by the Chamber of Deputies and one by the Senate.”
Article 143 is amended and shall read as follows: → the reasons
“The judges of the Constitutional Court must have higher legal training, high professional competence, at least 18 years’ seniority in legal activity or in higher legal education, and must not have belonged to political parties in the five years preceding their appointment to the office of judge.”
In article 146, letters a) to d) are amended and shall read as follows: → the reasons
“a) rules on the constitutionality of laws, before their promulgation, upon notification by the President of Romania, by one of the presidents of the two Chambers, by the Government, by the High Court of Cassation and Justice, by the Ombudsman, by at least 20 deputies or at least 10 senators, and also, ex officio, on initiatives to revise the Constitution;
b) rules on the constitutionality of treaties or other international agreements, upon notification by one of the presidents of the two Chambers, by at least 20 deputies or at least 10 senators;
c) rules on the constitutionality of the regulations of Parliament, upon notification by one of the presidents of the two Chambers, by a parliamentary group, or by at least 20 deputies or at least 10 senators;
d) decides on objections of unconstitutionality concerning laws and ordinances, raised before the courts of law or before commercial arbitration; an objection of unconstitutionality may also be raised directly by the Ombudsman or by at least 20 deputies or at least 10 senators;”
In article 146, letter f) is repealed. → the reasons
In article 147, paragraphs (3) and (4) are amended and shall read as follows: → the reasons
“(3) Where the constitutionality of a treaty or international agreement has been established in accordance with article 146 letter b), it may not be the subject of an objection of unconstitutionality on the same grounds of fact and of law. A treaty or international agreement found to be unconstitutional may not be ratified.
(4) The decisions of the Constitutional Court shall be published in the Official Gazette of Romania. From the date of publication, the decisions are generally binding and have effect only for the future, as well as for the entire period during which the normative act declared unconstitutional produced effects.”
In article 147, after paragraph (4), two new paragraphs (5) and (6) are inserted, reading as follows: → the reasons
“(5) Failure by judges and prosecutors to observe the decisions of the Constitutional Court constitutes a disciplinary offence and is sanctioned under the conditions established by organic law.”
“(6) In cases of unconstitutionality established in accordance with article 146 letters a) to d), the law or the regulation shall be sent back for re-examination. If the law is adopted in the same form by a majority of at least two thirds of the members of each Chamber, the objection of unconstitutionality is removed and promulgation becomes mandatory.”
Title VI of the Constitution of Romania is amended and shall read as follows:
“Title VI — Romania’s participation in international bodies and alliances
Art. 148 — The supremacy of the Constitution and of the sovereign interest of the people in the conduct of international relations → the reasons
Romania shall fulfil exactly and in good faith the commitments undertaken and the obligations incumbent upon it under the Constitutive Treaties of the international bodies and alliances which it has joined, in compliance with the Constitution of Romania and in the higher and sovereign interest of the Romanian people.
Art. 149 — Accession, ratification of instruments revising the constitutive treaties, and withdrawal of Romania from international bodies and alliances * → the reasons
(1) Romania may accede to international bodies and alliances, may ratify the instruments revising the constitutive treaties, or may withdraw from the international bodies and alliances of which it is a member, by a law adopted through the sovereign decision of the Romanian people expressed by referendum.
(2) The referendum on accession, on the ratification of instruments amending the constitutive treaties, or on withdrawal from the Bodies and Alliances of which Romania is a member may be initiated by the President of Romania at the proposal of the Government, by at least one quarter of the number of deputies or of senators, or by at least 500,000 citizens entitled to vote. The citizens exercising the right provided for in this article must come from at least half of the counties of the country, and in each of those counties or in the Municipality of Bucharest at least 20,000 signatures must be registered in support of the initiative.
(3) The bill providing for accession, for the ratification of instruments amending the constitutive treaties, or for withdrawal from the Bodies and Alliances of which Romania is a member shall be adopted by the Chamber of Deputies and by the Senate, by a majority of at least two thirds of the members of each Chamber.
(4) If no agreement is reached through the mediation procedure, the Chamber of Deputies and the Senate, in joint sitting, shall decide by the vote of at least three quarters of the number of deputies and senators.
(5) The law on accession to international bodies and alliances, on the ratification of the instruments revising their constitutive treaties, or on withdrawal from the bodies and alliances of which Romania is a member shall be adopted after its approval by referendum, organised within no more than 30 days of the adoption of the bill or of the revision proposal, and shall enter into force on the date of publication in the Official Gazette of Romania, Part I, of the decision of the Constitutional Court confirming the results of the referendum.
(6) The rejection by referendum of the ratification of instruments revising the Constitutive Treaties of the organisations and alliances to which Romania is a party has the effect of Romania’s withdrawal from those international Organisations or Alliances.”
In article 154, after paragraph (2), a new paragraph (3) is inserted, reading as follows: → the reasons
“(3) The provisions of paragraph (1) of article 83 shall apply from the date of entry into force of this Constitution, the mandate of the President in office ceasing on 30 November of the year in which the first parliamentary elections are held after the adoption of this Constitution.”
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