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Law No. 1 Of 16 February 1968 To Amend Certain Articles Of The Constitution Of The Socialist Republic Of Romania

Original Language Title:  LEGE nr. 1 din 16 februarie 1968 pentru modificarea unor articole din Constituţia Republicii Socialiste România

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LEGE no. 1 1 of 16 February 1968 amending some articles of the Constitution of the Socialist Republic of Romania
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 16 16 of 16 February 1968



EXPLANATORY MEMORANDUM In order to fulfill the directives of the National Conference of the Romanian Communist Party of 6-8 December 1967, it appears necessary that the constitutional provisions on administrative organization of the territory, organization and functioning of the bodies central state administration, organization and functioning of local bodies of state power and state administration, as well as the name of various state bodies related to administrative-territorial units, to be modified in a manner Appropriate. To this end, the law amends art. 15 of the Constitution, providing that the territory of the Socialist Republic of Romania is organized in administrative-territorial units-the county, the city and the commune-, that the more important cities can be organized as municipalities, and the city of Bucharest, the capital The Socialist Republic of Romania, is organized, administratively, by sector. The consequence is also amended art. 94, 100 para. 2, 102 para. 1 and 106 para. 1, in which reference is made to the organization of the courts and the prosecution bodies. The law provides for the amendment 70 and 73, so that the constitutional provisions reflect the strengthening of the role of the Council of Ministers, as an organ of general management of the executive activity throughout the country. Art. 78 were agreed with those of art. 77, in the sense that the ministers and heads of the other central bodies of the state administration are responsible for the work of the bodies they lead before the Council of Ministers. Provisions are also included to strengthen the role of grassroots councils in the management of local life and to ensure a consistent application of the principle of collective leadership in the work of the executive committees. In order to ensure the proper application of the decisions of the popular councils, as well as the systematic labor control, in their first session the popular councils will elect their executive committees, which will have a president, vice-presidents, of which one will be able to be the first vice president, and a number of members established by law. The term of office for all categories of popular councils is set at 4 years. Until now, the term of the mandate of the communal popular advice was 2 years. The increase of the term of office to 4 years is necessary, as the increased tasks that will return to the communal folk councils advertise a longer activity, as well as to learn as much as possible those elected in these bodies with solving state and public affairs. It was established at the same time the establishment by the popular councils of the local specialized bodies of the state administration, subject to double subordination. They will work either as executive institutions or as specialist units (inspectorates, directions, committees, etc.) having the task of leading local activity in the various branches and fields. Particularly local specialized bodies, economic organizations established on the principle of own economic management, enterprises and state institutions of local interest, the folk councils organize the apparatus of the executive committee, necessary to carry out the activity of local bodies of power and state administration. In the sense of those shown above, art. 22, 78, 79, 80, 81 para. 3, 83, 88, 90, 92-97 inclusive. According to these changes, the name "popular advice", used in some constitutional texts, must be replaced with that of "popular councils"; at the same time, in the texts in which the name of different state bodies is linked to the units the administrative-territorial area is to insert the names corresponding to the new units. In this regard, art. 4 4 para. 1 and 2, 25 para. 1 1 and 3, 43 pt. 6 6 and 18, 63 pt. 1 1, 64 section 8, 81 para. 1, 2 and 4, 82, 84 para. 1 and 2, 85, 86 para. 1 and 2, 87, 89 para. 1 1 and 2, 91 para. 1. As a result of all these changes, it was ordered to republish the Constitution of August 21, 1965. The Great National Assembly of the Socialist Republic of Romania adopts this law. + Article I Art. 15, 22, 70, 73, 78, 79, 80, 81 para. 3, 83, 88, 90, 92-97 inclusive, 100 para. 2, 102 para. 1 and 106 para. 1 of the Constitution of the Socialist Republic of Romania is amended as follows: Article 15. -The territory of the Socialist Republic of Romania is organized in administrative-territorial units: county, city and commune. The capital of the Socialist Republic of Romania is Bucharest, which is organized by sector. More important cities can be organized as municipalities. Article 22. -In the Socialist Republic of Romania, the co-resident nationalities are ensured the free use of the mother tongue, as well as books, newspapers, magazines, theatres, the education of all degrees, in their own language. In the administrative-territorial units inhabited and by the population of a nationality other than the Romanian one, all the organs and institutions use oral and written and the language of the respective nationality and make appointments of officials from this or other citizens who know the language and the way of living the local population. Article 70. -The Council of Ministers is the supreme body of the state administration. The Council of Ministers shall exercise the general management of the executive activity throughout the country, having the following main tasks: 1. Establish general measures to bring about internal and external policy; 2. Decision the necessary measures regarding the organization and enforcement of the laws; 3. Conduce, coordinate and control the work of ministries and other central bodies of the state administration; 4. Elaborate the draft state plan and draft state budget, as well as any other draft laws; develop draft decrees; 5. Establishes measures for the implementation of the state plan and the state budget; prepares the general report on the fulfilment of the state plan and the general account for the conclusion of the budget year; 6. Establishes economic organizations, enterprises and state institutions of republican interest; 7. Take measures to ensure public order, defend the interests of the state and protect the rights of citizens; 8. Take measures, according to the decisions of the Defense Council, for the general organization of the armed forces and the fixing of the annual quotas of citizens to be called to the military service; 9. Exercise the general leadership in the field of relations with other states and takes measures to conclude international agreements; 10. Supports the activity of mass and public organizations; 11. Exercise, under the conditions provided by law, its powers of management and control over the activity of the executive committees of the popular councils. Article 73. -The Council of Ministers consists of: the President of the Council of Ministers, the First Vice-President and Vice-Presidents of the Council of Ministers, Ministers, as well as the presidents of other central bodies of the state administration provided by law. The Council of Ministers includes, as ministers, the President of the Central Council of the General Union of Trade Unions, the President of the National Union of Agricultural Cooperatives of Production, as well as the first secretary of the Central Committee of the Union Communist Youth. The President, First Vice-President and Vice-Presidents of the Council of Ministers make up the Permanent Bureau of the Council of Ministers. Article 78. -The ministers and heads of the other central bodies of the state administration are responsible for the work of the bodies they lead before the Council of Ministers. Article 79. -Popular councils are the local bodies of state power in the administrative-territorial units in which they were elected. The folk councils lead the local activity, ensuring the economic, social-cultural and edilitary-household development of the administrative-territorial units in which they were chosen, the defense of socialist property, the protection of citizens ' rights, Socialist legality and maintenance of public order. Popular councils organize the participation of citizens in the local resolution of state and public affairs. Article 80. -The following main tasks are exercised by the 1. Adopt the economic plan and the local budget, approve the closing account of the budget year; 2. Choose and revoke its executive committee; 3. Establishes economic organizations, enterprises and state institutions of local interest; 4. Lead, guide and control the activity of the executive committee, the local specialized bodies of the state administration, economic organizations, enterprises and subordinate institutions; 5. Control the decisions of the lower hierarchical folk councils. Article 81. para. 3. -The term of office of the popular council is 4 years, counted from the date of termination of the mandate of the previous popular council. Art. 83. -Popular councils work in sessions; convening in sessions is done by the executive board of the popular council. Popular councils shall convene whenever necessary in extraordinary sessions, on the initiative of the executive committee or at least one third of the total number of Members. Article 88. -The executive board of the popular council has the following main tasks 1. It carries out the laws, decrees, as well as the decisions of the Council of Ministers and the other acts of the higher bodies; 2. Execute the decisions of the popular council that elected him; 3. Elaborates the draft economic and local budget plans; 4. Execute the economic plan and the local budget, draw up the report on the fulfilment of the local economic plan, as well as the closing account of the budget year; 5. Conduce, guide and control the activity of the local specialized bodies of the state administration; 6. Lead, guide, coordinate and control the activity of economic organizations, enterprises and subordinate institutions; 7. Conduce, guide and control the work of the executive committees of the hierarchical folk councils inferior to the popular council that elected him. Article 90. -The executive board of the popular council is made up of the president, vice presidents, one of whom may be the first vice president, and of a number of members established by law. Article 92. -The Executive Board operates according to the principle of collective management. The executive committee in its entirety and each of its members shall be accountable to the popular council which elected them, as well as to the executive committee of the upper hierarchical folk council and the Council of Ministers. Each member of the executive committee shall be responsible for his or her own activity and for the entire activity of the body to which it belongs. Article 93. -Popular councils organize, according to the law, besides their executive committees, local specialized bodies of the state administration. The local specialized bodies of the state administration are subordinated to the popular council and the executive committee, as well as to the local and central bodies of the higher hierarchical state administration. Article 94. -In the Socialist Republic of Romania the judiciary is carried out, according to the law, through the Supreme Court, the county courts, the judges, as well as through the military courts. Article 95. -Through the work of judgment, courts and courts defend the socialist order and the rights of persons, educating citizens in the spirit of compliance with laws. Courts and adjudicators, applying criminal sanctions, aim to straighten and re-educate offenders, as well as prevent the enjoyment of new crimes. Article 96. -Tribunals and judgments judge civil, criminal and any other causes given in their jurisdiction. In the cases provided by law, courts and courts exercise control over the decisions of administrative or public bodies with jurisdictional activity. Courts and courts judge the claims of those injured in their rights by administrative acts, being able to rule, under the law, and on the legality of these acts. Art. 97 para. 1. -The Supreme Court exercises general control over the trial activity of all courts and courts. The way of exercising this control is established by law. Art. 100 para. 2. -The trial of trials in the first instance at the judges, at the county courts and at the military courts is made with the participation of popular asesors, except when the law has otherwise. Art. 102 para. 1. -In the Socialist Republic Romania the judicial procedure is made in Romanian, ensuring, in the administrative-territorial units inhabited and by the population of other nationality than the Romanian one, the use of the mother tongue of that population. Art. 106 para. 1. --The prosecutor's office is headed by the The bodies of the prosecutor's office are: Prosecutor General's Office, county prosecutors, local prosecutors and military prosecutor's offices + Article II In art. 4 4 para. 1 and 2, 25 para. 1 1 and 3, 43 pt. 6 6 and 18, 63 pt. 1 1, 64 section 8, 81 para. 1, 2 and 4, 82, 84 para. 1 and 2, 85, 86 para. 1 and 2, 87, 89 para. 1 1 and 2, 91 para. 1, the terms of "popular advice" are replaced by "popular councils". + Article III The Constitution of the Socialist Republic of Romania, with the amendments made by this law, will be re This law was voted on by the Grand National Assembly on February 16, 1968, meeting out of the 414 votes cast, 412 votes in favour and 2 votes against. President of the Great National Assembly, STEFAN VOITEC Bucharest, February 16, 1968. No. 1. According to the provisions of art. 57 of the Constitution of the Socialist Republic Romania, we sign this law. President of the State Council, NICOLAE CEAUSESCU Bucharest, February 16, 1968. -----------