LEGE no. 429 429 of 23 October 2003 Revision of the Romanian Constitution
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 758 758 of 29 October 2003
+ Article UNIC Romanian Constitution, published in the Official Gazette of Romania, Part I, no. 233 of 21 November 1991, approved by the national referendum of 8 December 1991, shall be amended and supplemented as follows: 1. Article 1 shall be amended and supplemented as follows: Paragraph 3 is amended and shall read as follows: " (3) Romania is a state of law, democratic and social, in which human dignity, rights and freedoms of citizens, the free development of human personality, justice and political pluralism represent supreme values, in the spirit of traditions democratic people of the Romanian people and the ideals of the Revolution of December 1989, and are guaranteed. " After paragraph 3 two new paragraphs are inserted, (4) and (5), with the following contents: " (4) The state is organized according to the principle of separation and balance of powers-legislative, executive and judicial-within constitutional democracy. (5) In Romania, compliance with the Constitution, its supremacy and laws is mandatory. " ... 2. Paragraph 1 of Article 2 shall be amended and shall read as follows: "(1) The national sovereignty belongs to the Romanian people, who exercise it through its representative bodies, constituted by free, periodic and fair elections, as well as by referendum." 3. Paragraph 1 of Article 4 shall be amended and shall read as follows: "(1) The state has the unity of the Romanian people and the solidarity of its citizens." 4. Article 9 is amended as follows: The name of the article will be: "Trade unions, employers and professional associations" The article will be: "" Article 9 Trade unions, employers and professional associations are constituted and operate according to their statutes, under the law. They contribute to the protection of rights and to the promotion of the professional, economic and social interests of their members. 5. In Article 11, a new paragraph is inserted, (3), with the following contents: "(3) If a treaty to which Romania is to become a party includes provisions contrary to the Constitution, its ratification may take place only after the revision of the Constitution." 6. Paragraph 2 of Article 15 shall be amended and shall read as follows: "(2) The law shall have only for the future, except for more favourable criminal or contravention law." 7. Article 16 shall be amended and supplemented as follows: Paragraph 3 is amended and shall read as follows: " (3) Civil, civil or military functions and dignities may be occupied, under the law, by persons who have Romanian citizenship and domicile in the country. The Romanian state guarantees equal opportunities between women and men to fill these positions and dignities. " After paragraph 3, a new paragraph (4) is inserted, with the following contents: "(4) Under the conditions of Romania's accession to the European Union, citizens of the Union who meet the requirements of organic law have the right to choose and be elected to the local public administration authorities." 8. After paragraph 1 of Article 19 a new paragraph is inserted, (1 ^ 1), with the following contents: "(1 ^ 1) 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, under the law and on the basis of reciprocity." 9. Paragraph 2 of Article 20 shall be amended and shall read as follows: " (2) If there are inconsistencies between the pacts and treaties regarding fundamental human rights, to which Romania is a party, and domestic laws, the international regulations shall take precedence, unless the Constitution or the laws internal provisions contain more favourable provisions. " 10. In Article 21, two new paragraphs are inserted, (3) and (4), with the following contents: " (3) The parties are entitled to a fair trial and to the resolution of cases within a reasonable time. (4) Administrative special procedures shall be optional and free of charge. " ... 11. Article 23 shall be amended and supplemented as follows: Paragraph 4 is amended and shall read as follows: "(4) The preventive arrest shall be ordered by the judge and only during the criminal proceedings." After paragraph 4, three new paragraphs are introduced, (4 ^ 1), (4 ^ 2) and (4 ^ 3), with the following contents: " (4 ^ 1) In the course of criminal prosecution the preventive arrest may be ordered for no more than 30 days and may be extended by no more than 30 days, without the total duration exceeding a reasonable period, and not more than 180 days. (4 ^ 2) In the court stage the court is obliged, under the law, to check periodically, and no later than 60 days, the legality and merits of the preventive arrest and to order, immediately, the release of the defendant, if the grounds that have determined the pre-trial detention have ceased or if the court finds that there are no new grounds justifying the maintenance of deprivation of liberty. (4 ^ 3) The court terminations on the measure of preventive arrest are subject to the remedies provided by law. " Paragraph 6 is amended and shall read as follows: "(6) The release of the detained or arrested shall be mandatory, if the reasons for these measures have disappeared, as well as in other situations provided by law." After paragraph 9 a new paragraph is inserted, (9 ^ 1), with the following contents: "(9 ^ 1) The custodial sanction can only be of a criminal nature." 12. Article 27 is amended as follows: Paragraph 2 will read as follows: " (2) From the provisions of paragraph (1) one may derogate by law for the following situations: a) the execution of an arrest warrant or a court decision; ... b) removal of a danger regarding the life, physical integrity or property of a person; ... c) defence of national security or public order; ... d) preventing the spread of an epidemic. ... Paragraph 3 will read as follows: "" (3) The guarantee shall be ordered by the judge and shall be carried out under the conditions and in the forms provided by law. " Paragraph 4 will read as follows: "" (4) The searches during the night shall be prohibited, except in the case of flagrant offences. " 13. Paragraph 3 of Article 31 shall be amended and shall read as follows: "" (3) The right to information must not prejudice measures to protect young people or national security. " 14. Article 32 is amended as follows: Paragraph 4 will read as follows: " (4) State education is free, according to the law. The state grants social scholarships for studies to children and young people from disadvantaged and institutionalized families, under the law. " Paragraph 5 will read as follows: "" (5) The education of all grades is carried out in state, private and confessional units, under the law. " 15. After Article 32, a new article is inserted, 32 ^ 1, with the following contents: The name of the article will be "Access to culture" The article will be: "" Article 32 ^ 1 (1) Access to culture is guaranteed, under the law. ... (2) The freedom of the person to develop their spirituality and to accede to the values of national and universal culture cannot be restricted. ... (3) The state must ensure the preservation of spiritual identity, supporting national culture, stimulating the arts, protecting and preserving cultural heritage, developing contemporary creativity, promoting cultural and artistic values of Romania in the world. " ... 16. After Article 33, a new article is inserted, 33 ^ 1, with the following contents: The name of the article will be: The article will be: "" Article 33 ^ 1 (1) The State recognizes the right of any person to a healthy and balanced environment. ... (2) The State shall provide the legislative framework for exercising this right ... (3) Natural and legal persons have the duty to protect and improve the environment. " ... 17. Paragraph 2 of Article 35 is amended and shall read as follows: " (2) Candidates must have completed, by election day inclusive, at least 23 years of age to be elected to the Chamber of Deputies or local public administration bodies, at least 33 years of age to be elected to the Senate and the age of at least 35 years to be elected as President of Romania. " 18. After Article 35, a new article is inserted, 35 ^ 1, with the following contents: The name of the article will be: "Right to be elected to the European Parliament" The article will be: "" Article 35 ^ 1 Under the conditions of Romania's accession to the European Union, Romanian citizens have the right to choose and be elected to the European Parliament. " 19. Paragraph 1 of Article 37 shall be amended and shall read as follows: "(1) Citizens may freely associate themselves in political parties, trade unions, employers and other forms of association." 20 paragraphs 1 and 2 of Article 38 shall be amended and shall read as follows: " (1) The right to work cannot be restricted. The choice of profession, profession or occupation, as well as the workplace is free. (2) Employees are entitled to social protection measures. They concern the security and health of employees, the working regime of women and young people, the establishment of a gross minimum wage per country, weekly rest, paid holiday leave, the provision of work under special or special conditions, vocational training, as well as other specific situations, established by law. " ... 21. In paragraph 2 of Article 39, the letter a) shall read as follows: "a) activities for the performance of military duties, as well as those carried out, according to the law, in their place, for religious or conscience reasons;" 22. Article 41 shall be amended and supplemented as follows: The name of the article will be: "Private property right" Paragraph 2 is amended and shall read as follows: " (2) Private property is guaranteed and protected equally by law, regardless of the holder. Foreign citizens and stateless persons may acquire private land ownership only under the conditions resulting from Romania's accession to the European Union and other international treaties to which Romania is a party, on the basis of reciprocity, under the conditions provided by organic law, as well as by legal inheritance. " After paragraph 3, a new paragraph is inserted, (3 ^ 1), with the following contents: "(3 ^ 1) Nationalisation or any other measures of forced passage into public property of goods on the basis of social, ethnic, religious, political or other discriminatory nature of the holders shall be prohibited." 23. After Article 41, a new article is inserted, 41 ^ 1, with the following contents: The name of the article will be "Economic freedom" The article will be: "" Article 41 ^ 1 Free access of the person to an economic activity, free initiative and their exercise under the law are guaranteed. " 24. Paragraph 2 of Article 43 is amended and shall read as follows: " (2) Citizens have the right to pension, paid maternity leave, health 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 measures, according to the law. " 25. Paragraph 2 of Article 45 shall be amended and shall read as follows: " (2) The state grants child benefits and assistance for the care of the sick or disabled child. Other forms of social protection of children and young people are established by law. " 26. Article 46 is amended and shall read as follows: The name of the article will be: The article will be: "" Article 46 People with disabilities enjoy special protection. The State shall ensure that a national policy of equal opportunities, prevention and treatment of disability is achieved, with a view to the effective participation of persons with disabilities in the life of the community, respecting their rights and duties. parents and guardians. " 27. Article 48 is amended as follows: Paragraph 1 shall read as follows: " (1) The person injured in a right of or in a legitimate interest, by a public authority, by an administrative act or by not settling within the legal term of an application, is entitled to obtain recognition of the alleged right or legitimate interest, cancellation of the act and repair of damage. " Paragraph 3 will read as follows: " (3) The state is responsible for damages caused by judicial errors. The state's liability is established under the law and does not remove the liability of magistrates who have exercised their function in bad faith or gross negligence. " 28. Article 49 is amended and shall read as follows: "" Article 49 (1) The exercise of certain rights or freedoms can be restricted only by law and only if necessary, as the case may be, for: defending national security, order, health or public morals, rights and freedoms of citizens; the conduct of criminal training; the prevention of the consequences of a natural calamity, of a disaster or of a particularly serious sinister. ... ((2) Restrangement may only be ordered if necessary in a democratic society. The measure must be proportionate to the situation which has led it, to be applied in a non-discriminatory manner and without prejudice to the existence of the right or freedom. " ... 29. Article 51 shall be repealed. 30. Article 52 is amended as follows: Paragraph 2 will read as follows: "" (2) The conditions for the performance of military duties shall be established by organic law. " Paragraph 3 will read as follows: "(3) Citizens may be incorporated from the age of 20 and up to the age of 35, with the exception of volunteers, under the conditions of organic law." 31. Article 55 is amended and shall read as follows: "" Article 55 (1) The Ombudsman is appointed for a period of 5 years to defend the rights and freedoms of individuals. The Ombudsman's deputies are specialized in fields of activity. ... (2) The Ombudsman and his deputies may not perform any other public or private function, except for teaching positions in higher education. ... (3) The organization and functioning of the institution shall be established by organic law. " ... 32. Paragraph 1 of Article 60 shall be amended and shall read as follows: "(1) The Chamber of Deputies and the Senate shall be elected for a term of 4 years, which shall be extended by law in the state of mobilization, war, siege or emergency, until their termination." 33. Article 62 shall be amended and supplemented as follows: The name of the article will be: "Chambers meetings" Paragraph 1 is amended and shall read as follows: "(1) The Chamber of Deputies and the Senate work in separate meetings." The introductory part of paragraph 2 shall be amended and shall read as follows: "" (2) The chambers shall also carry out their work in joint meetings, according to a regulation adopted by the vote of the majority of deputies and senators, for Point (f) of paragraph 2 shall be amended and shall read as follows: " f) approval of the country's national defence strategy; ' After letter f) of paragraph 2, a new letter, f ^ 1) is inserted, with the following contents: "f ^ 1) examination of the reports of the Supreme Council of National Defence;" Point g) of paragraph 2 shall be amended and shall read as follows: " g) the appointment, at the proposal of the President of Romania, of the directors of the information services and the exercise of control over the After point g) of paragraph 2, two new letters, g ^ 1) and g ^ 2 are inserted, with the following contents: " g ^ 1) appointment of the Ombudsman; g ^ 2) the establishment of the status of deputies and senators, the establishment of the allowance and their other rights; " 34. Paragraph 1 of Article 67 is amended and shall read as follows: " (1) Deputies and senators shall enter into office on the date of the legal meeting of the Chamber to which they belong, subject to the validation of the election and the swearing-in. The oath is established by organic law. " 35. Article 69 is amended and shall read as follows: "" Article 69 (1) Deputies and senators may not be held legally liable for votes or political opinions expressed in the exercise of their mandate. ... (2) Deputies and senators may be prosecuted and brought to trial for acts not related to votes or political opinions expressed in the exercise of their mandate, but cannot be searched, detained or arrested without consent. The room they belong to, after their obedience. Prosecution and prosecution can only be made by the Prosecutor's Office of the High Court of Cassation and Justice. The jurisdiction of the High Court of Cassation and Justice. ... (3) In case of flagrant offense, deputies or senators may be detained and subject to search. The justice minister will immediately inform the House Speaker of the detention and the search. If the Chamber seised finds that there is no basis for restraint, it shall immediately dispose of that measure. " ... 36. Article 70 shall be repealed. 37. Article 71 shall be repealed. 38. Paragraph 3 of Article 72 is amended and shall read as follows: " (3) By organic law shall be regulated: a) the electoral system; organization and functioning of the Permanent Electoral Authority; ... b) organization, operation and financing of political parties; ... c) the status of deputies and senators, the establishment of the allowance and their other rights; ... d) organizing and holding the referendum; ... e) the organization of the Government and the Supreme Council of National Defence; ... f) regime of the state of partial or total mobilization of the armed forces and the state of war; ... g) the curfew regime and the state of emergency; ... h) the offences, penalties and the regime of their execution; ... i) granting amnesty or collective pardon; ... j) status of civil servants; ... k) administrative litigation; ... l) the organization and functioning of the Superior Council of Magistracy, the courts, the Public Ministry and the Court of Auditors; ... m) the general legal regime of property and inheritance; ... n) general organization of education; ... o) the organization of local public administration, the territory, and the general regime on local autonomy; ... p) the general regime on labour relations, trade unions, employers and social protection; ... r) status of national minorities in Romania; ... s) the general regime of cults; ... t) the other areas for which organic laws are provided for in the Constitution. " ... 39. Article 73 is amended as follows: Paragraph 1 shall read as follows: " (1) The legislative initiative belongs, as the case may be, to the Government, deputies, senators or a number of at least 100,000 citizens with the right to vote. Citizens who show their right to the legislative initiative must come from at least a quarter of the country's counties, and in each of these counties, respectively in Bucharest, at least 5,000 signatures must be registered in Bucharest. support of this initiative. " Paragraph 3 will read as follows: "(3) The Government shall exercise its legislative initiative by submitting the draft law to the competent Chamber to adopt it, as the first Chamber to be notified." Paragraph 5 will read as follows: "(5) The legislative proposals shall first be submitted to the competent Chamber to adopt them as the first Chamber to be notified." 40. After Article 73, a new article is inserted, 73 ^ 1, with the following contents: The name of the article will be: " The article will be: "" Article 73 ^ 1 (1) It is subject to debate and adoption of the Chamber of Deputies, as the first Chamber seized, draft laws and legislative proposals for the ratification of treaties or other international agreements and legislative measures resulting from the application those treaties or agreements, as well as the draft organic laws referred to in Article 31 (5), Article 37 (3), Article 52 (2), Article 55 (3), Article 72 (3) (e), k), l), n), o), Article 79 (2), Article 101 (3), Article 104 (2), Article 116 (3), Article 117 (2) and (3), Article 119 (2), Article 125 (4) and (5) and Article 140 (4). The other bills or legislative proposals are subject to debate and adoption, as the first Chamber to be notified, to the Senate. ... (. The first Chamber to be notified shall be delivered within 45 days. For codes and other laws of particular complexity the term is 60 days. In case of exceeding these deadlines, draft laws or legislative proposals have been adopted. ... (3) After adoption or rejection by the first Chamber seised, the draft or legislative proposal shall be sent to the other Chamber which shall decide definitively. ... ((. Where the first Chamber seised adopts a provision which, in accordance with paragraph 1, falls within its decision-making jurisdiction, the provision shall be definitively adopted if the second Chamber agrees. Otherwise, only for that provision, the law returns to the first Chamber seized, which will decide definitively in the emergency procedure. ... ((. The provisions of paragraph 4 relating to the return of the law shall apply accordingly and if the decision-making Chamber adopts a provision for which the decision-making jurisdiction belongs to the first Chamber. " ... 41. Article 75 shall be repealed. 42. Article 76 shall be repealed. 43. Article 78 is amended and shall read as follows: "" Article 78 The law shall be published in the Official Gazette of Romania and shall enter into force 3 days from the date of publication or at a later date provided for in its text. " 44. Paragraph 1 of Article 83 shall be amended and shall read as follows: "(1) The mandate of the President of Romania shall be 5 years and shall be exercised from the date of taking the oath." 45. Article 84 is amended as follows: Paragraph 2 is amended and shall read as follows: " (2) The President of Romania enjoys immunity. The provisions of Article 69 (1) shall apply accordingly. " Paragraph 3 shall be repealed. 46. In Article 85, a new paragraph is inserted, (3), with the following contents: "(3) If the proposal for reshuffles changes the structure or political composition of the Government, the President of Romania will be able to exercise the attribution provided for in paragraph 2 only on the basis of Parliament's approval, granted on the proposal of the Prime Minister." 47. Paragraph 3 of Article 89 is amended and shall read as follows: "(3) The Parliament cannot be dissolved in the last 6 months of the mandate of the President of Romania, nor during the state of mobilization, war, siege or emergency." 48. Paragraph 1 of Article 91 is amended and shall read as follows: " (1) The President shall conclude international treaties on behalf of Romania, negotiated by the Government, and shall submit them for ratification to the Parliament within a reasonable time. The other international treaties and agreements shall be concluded, approved or ratified in accordance with the procedure laid down by law. " 49. After paragraph 3 of Article 92, a new paragraph (4) is inserted, with the following contents: "(4) In case of mobilization or war, the Parliament continues its activity throughout these states, and if it is not in session, it shall be convened by law within 24 hours of their declaration." 50. Paragraph 1 of Article 93 shall be amended and shall read as follows: " (1) The President of Romania shall establish, according to the law, the curfew or the state of emergency throughout the country or in some administrative-territorial units and shall request the Parliament to approve the adopted measure, no later than 5 days after the 51. After Article 95 a new article is inserted, 95 ^ 1, with the following contents: The name of the article will be: "Impeachment" The article will be: "" Article 95 ^ 1 (1) The Chamber of Deputies and the Senate, in 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. ... (2) The proposal for impeachment may be initiated by the majority of deputies and senators and shall be brought, without delay, to the attention of the President of Romania in order to be able to explain the facts that are imputed to him. ... (3) From the date of impeachment until the date of dismissal the President shall be suspended by law. ... (4) The jurisdiction of judgment belongs to the High Court of Cassation and Justice. The President shall be dismissed by right on the date of the final stay of the judgment. " ... 52. Article 106 is amended as follows: After paragraph 1, a new paragraph is inserted, (1 ^ 1), with the following contents: "(1 ^ 1) The President of Romania cannot revoke the Prime Minister." Paragraph 2 will read as follows: " (2) If the Prime Minister is in one of the situations referred to in Article 105, except for revocation, or is unable to exercise his 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 interim, during the impossibility of exercising his duties, ceases if the Prime Minister resumes his activity in the Government. " 53. Paragraph 2 of Article 109 shall read as follows: " (2) The Government is dismissed on the date of Parliament's withdrawal of the trust granted or if the Prime Minister is in one of the situations referred to in Article 105, except for revocation, or is unable to exercise his/her duties. a lot of 45 days. " 54. Article 111 shall be amended and supplemented as follows: The name of the article will be: "Questions, interpellations and simple motions" The article will be: "" Article 111 (1) The Government and each of its members shall be required to respond to questions or queries made by Members or Senators, under the conditions laid down by the Regulations of the two Houses of Parliament. ... (2) The Chamber of Deputies or the Senate may adopt a simple motion to express its position on an internal or external policy issue or, where appropriate, on an issue that has been the subject of an interpellation. " ... 55. Paragraph 3 of Article 113 is amended and shall read as follows: " (3) If the Government has not been dismissed according to paragraph (2), the bill presented, amended or supplemented, as the case may be, with amendments accepted by the Government, shall be deemed adopted, and the application of the program or the declaration of general policy shall become mandatory for the Government. " 56. Article 114 shall be amended and supplemented as follows: Paragraph 4 is amended and shall read as follows: "(4) The Government may adopt emergency ordinances only in extraordinary situations whose regulation cannot be postponed, having the obligation to motivate urgency in their contents." After paragraph 4, two new paragraphs are inserted, (4 ^ 1) and (4 ^ 2), with the following contents: " (4 ^ 1) The emergency ordinance shall enter into force only after its submission for debate in the emergency procedure at the competent Chamber to be notified and after its publication in the Official Gazette of Romania. The rooms, if not in session, shall be compulsorily convened within 5 days of the submission or, as the case may be, from the referral. If no later than 30 days after the filing, the Chamber seised shall not rule on the order, it shall be deemed to be adopted and shall be sent to the other Chamber which shall also decide in the emergency procedure. The emergency ordinance containing rules of the nature of organic law shall be approved by the majority provided for in Article 74 (1). (4 ^ 2) Emergency ordinances cannot be adopted in the field of constitutional laws, cannot affect the regime of fundamental state institutions, rights, freedoms and duties provided by the Constitution, electoral rights and cannot target measures of forced passage of goods in public property. " Paragraph 5 is amended and shall read as follows: "(5) The orders with which the Parliament has been notified shall be approved or rejected by a law in which the ordinances whose effects have ceased according to paragraph 3 shall also be included." After paragraph 5, a new paragraph is inserted, (5 ^ 1), with the following contents: "(5 ^ 1) By the law of approval or rejection, the necessary measures regarding the legal effects produced during the period of application of the ordinance shall be regulated, if applicable." 57. Article 117 is amended as follows: Paragraph 1 shall read as follows: " (1) The army is exclusively subordinated 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 law and international treaties to which Romania is a party, the army contributes to collective defense in military alliance systems and participates in actions on maintaining or restoring peace. " Paragraph 2 will read as follows: " (2) 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 Paragraph 3 will read as follows: "(3) The provisions of paragraphs (1) and (2) shall apply, accordingly, to the other components of the armed forces established according to the law." Paragraph 5 will read as follows: "(5) On the territory of Romania may enter, be stationed, carry out operations or pass foreign troops only under the law or international treaties to which Romania is a party." 58. Article 118 is amended and shall read as follows: "" Article 118 The Supreme Council of National Defence organizes and coordinates unitary activities concerning the defence of the country and national security, participation in the maintenance of international security and collective defence in military alliance systems, as well as actions to maintain or restore peace. " 59. Article 119 is amended and shall read as follows: "" Article 119 (1) The public administration of administrative-territorial units shall be based on the principles of decentralization, local autonomy and devolution of public services. ... (2) In administrative-territorial units where citizens belonging to a national minority have a significant share, the use of the national minority language in writing and orally in relations with public administration authorities shall be ensured local and with devolved public services, under the conditions provided for by the organic law. " ... 60. Article 122 shall be amended and supplemented as follows: Paragraphs 1, 2 and 3 shall read as follows: " (1) The government appoints a prefect in each county and in Bucharest. (2) The Prefect is the representative of the Government locally and leads the devolved public services of the ministries and other bodies of the central public administration in the administrative-territorial units. ... (3) The powers of the prefect shall be established by organic law. " ... After paragraph 3, a new paragraph is inserted, (3 ^ 1), with the following contents: "(3 ^ 1) Between prefects, on the one hand, local councils and mayors, as well as county councils and their presidents, on the other hand, there are no reports of subordination." 61. After paragraph 1 of Article 123 a new paragraph is inserted, (1 ^ 1), with the following contents: "" (1 ^ 1) Justice is unique, impartial and equal for all. " 62. Article 124 shall be amended and supplemented as follows: Paragraph 1 is amended and shall read as follows: "(1) The judges appointed by the President of Romania are unremovable, under the law." After paragraph 1, a new paragraph is inserted, (1 ^ 1), with the following contents: "(1 ^ 1) The proposals for appointment, as well as the promotion, transfer and sanctioning of judges are within the competence of the Superior Council of Magistracy, under the conditions of its organic law." 63. Article 125 is amended and shall read as follows: "" Article 125 (1) Justice is carried out through the High Court of Cassation and Justice and the other courts established by law. ... (2) The jurisdiction of the courts and the trial procedure are provided by law only. ... (3) The High Court of Cassation and Justice ensures the unitary interpretation and application of the law by the other courts, according to its jurisdiction. ... (4) The composition of the High Court of Cassation and Justice and its rules of operation shall be established by organic law. ... (5) It is forbidden to set up extraordinary courts. Through organic law, specialized courts can be established in certain subjects, with the possibility of participation, as the case may be, of persons outside the magistracy. ... (6) The judicial review of the administrative acts of the public authorities, on the way of administrative litigation, is guaranteed, except for those who concern the relations with the Parliament, as well as of the military command acts. The administrative courts are competent to settle the claims of persons injured by ordinances or, as the case may be, by provisions of ordinances declared unconstitutional. " ... 64. Article 127 shall be amended and supplemented as follows: The name of the article will be: "Using the mother tongue and the interpreter in justice" Paragraph 2 is amended and shall read as follows: "(2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue before the courts, under the conditions of organic law." After paragraph 2, two new paragraphs are inserted, (3) and (4), with the following contents: " (3) The modalities for exercising the right provided for in paragraph 2, including through the use of interpreters or translations, shall be determined in such a way as not to impede the proper administration of justice and not to involve additional expenses for those interested. (4) Foreign citizens and stateless persons who do not understand or speak Romanian have the right to become aware of all the documents and works of the file, to speak in court and to make conclusions, through the interpreter; in criminal trials this right is provided free of charge. " ... 65. In Article 130, a new paragraph (3) is inserted, with the following contents: "(3) The prosecutor's offices operate in addition to the courts, conduct and supervise the criminal investigation activity of the judicial police, under the law." 66. Article 132 is amended as follows: The name of the article will be "Role and structure" The article will be: "" Article 132 (1) The Superior Council of Magistracy is the guarantor of judicial independence. ... (2) The Superior Council of Magistracy is composed of 19 members, of which: ... a) 14 are elected in the general meetings of magistrates and validated by the Senate; they are part of two sections, one for judges and one for prosecutors; the first section is composed of 9 judges, and the second one out of 5 prosecutors; ... b) 2 representatives of civil society, specialists in the field of law, who enjoy high professional and moral reputation, elected by the Senate; they participate only in plenary works; ... c) the Minister of Justice, the President of the High Court of Cassation and Justice and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. ... (3) The President of the Superior Council of Magistracy is elected for a one-year term, which cannot be renewed, among the magistrates referred to in paragraph 2 (a). ... (4) The term of office of members of the Superior Council of Magistracy is 6 years ... (5) The decisions of the Superior Council of Magistracy shall be taken by secret ballot. ... (6) The President of Romania presides over the works of the Superior Council of Magistracy in ... (7) The decisions of the Superior Council of Magistracy shall be final and irrevocable, with the exception of those provided for in Article 133 (2). " ... 67. Article 133 is amended and shall read as follows: "" Article 133 (1) The Superior Council of Magistracy proposes to the President of Romania the appointment of judges and prosecutors, except for trainees, under the law. ... (2) The Superior Council of Magistracy performs the role of the court, through its sections, in the field of disciplinary liability 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 of the High Court of Cassation and Justice have no right to vote. ... (3) The decisions of the Superior Council of Magistracy in disciplinary matters can be appealed to the High Court of Cassation and Justice. ... (4) The Superior Council of Magistracy also performs other duties established by its organic law, in carrying out its role as guarantor of the independence of the judiciary. " ... 68. Article 134 shall be amended and supplemented as follows: Paragraph 1 is amended and shall read as follows: "(1) Romania's economy is a market economy based on free enterprise and competition." Point c) of paragraph 2 shall read as follows: "c) stimulation of national scientific and technological research, art and copyright protection;" In paragraph 2, a new letter, g) is inserted, with the following contents: " g) the application of regional development policies consistent with the objectives of the European Union. ' 69. Article 135 is amended and shall read as follows: "" Article 135 (1) The property is public or private. ... (2) The public property is guaranteed and protected by law and belongs to the state or administrative-territorial units. ... ((3) The public interest riches of the subsoil, the airspace, the waters with 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. ... (4) Public property assets are inalienable. Under the terms of organic law, they can be given to autonomous regions or public institutions or can be leased or rented; they can also be put into use free of charge to public utility institutions. ... (5) Private property is inviolable, under the conditions of organic law. " ... 70. Paragraph 2 of Article 136 shall be completed, in the end, as follows: "Under the conditions of accession to the European Union, organic law can recognise the circulation and replacement of the national currency with that of the European Union." 71. Article 138 shall be amended and supplemented as follows: The name of the article will be: "Taxes, taxes and other contributions" After paragraph 2, a new paragraph (3) is inserted, with the following contents: "" (3) The amounts representing the contributions to the establishment of funds shall be used, under the law, only according to their destination. " 72. Article 139 shall be amended and supplemented as follows: Paragraph 1 is amended and shall read as follows: " (1) The Court of Auditors shall exercise control over the training, administration and use of the financial resources of the State and of the public sector. Under the organic law, the disputes resulting from the activity of the Court of Auditors shall be settled by the specialized courts. " Paragraph 4 is amended and shall read as follows: " (4) The account advisers shall be appointed by the Parliament for a term of 9 years, which shall not be extended or renewed. The members of the Court of Auditors shall be independent in the exercise of their term of office and non-removable throughout They are subject to the incompatibilities provided by the law for judges. " After paragraph 4, two new paragraphs are inserted, (5) and (6), with the following contents: " (5) The Court of Auditors shall be renewed with a third of the councillors of accounts appointed by the Parliament, every 3 years, under the conditions laid down by the organic law of the Court. (6) The revision of the members of the Court of Auditors shall be made by the Parliament, in the cases and conditions provided by law. " ... 73. After Article 139, a new article is inserted, 139 ^ 1, with the following contents: The name of the article will be "Economic and Social Council" The article will be: "" Article 139 ^ 1 The Economic and Social Council is the consultative body of the Parliament and of the Government in the specialized fields established by its organic law of establishment, organization and functioning. " 74. Before paragraph 1 of Article 140, a new paragraph shall be inserted as follows: "(1) The Constitutional Court is the guarantor of the Constitution." 75. Article 144 shall be amended and supplemented as follows: Letter a) is amended and shall read as follows: " a) rule on the constitutionality of the laws, before their promulgation, upon the complaint of the President of Romania, of one of the presidents of the two Chambers, of the Government, of the High Court of Cassation and Justice, of the Ombudsman, of a number of at least 50 deputies or at least 25 senators, as well as, ex officio, on initiatives to revise the Constitution; " After letter a) a new letter is inserted, a ^ 1), with the following contents: "a ^ 1) shall rule on the constitutionality of the Treaties or other international agreements, upon the referral of one of the Presidents of the two Chambers, of at least 50 Members or at least 25 senators;" Letter c) is amended and shall read as follows: "c) it decides on the exceptions of unconstitutionality on laws and ordinances, raised before the courts or commercial arbitration; the exception of unconstitutionality can also be raised directly by the Ombudsman;" After letter c) insert a new letter, c ^ 1), with the following contents: "c ^ 1) resolves the legal conflicts of a constitutional nature between the public authorities, at the request of the President of Romania, of one of the presidents of the two Chambers, the Prime Minister or the President of the Superior Council of Magistracy;" After letter i) insert a new letter, i ^ 1), with the following contents: "" i ^ 1) performs other duties provided for by the organic law of the Court. " 76. Article 145 is amended and shall read as follows: "" Article 145 (1) The provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, during this period, The Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution During this period, the provisions found to be unconstitutional are suspended by law. ... (2) In cases of unconstitutionality concerning the laws, before their promulgation, the Parliament is obliged to re-examine the respective provisions for their agreement with the Constitutional Court's decision. ... (3) If the constitutionality of the international treaty or agreement has been found in accordance with Article 144 (a) (1), it may not be subject to an exception of unconstitutionality. The treaty or international agreement found to be unconstitutional cannot be ratified. ... (4) Constitutional Court decisions shall be published in the Official Gazette of Romania. From the date of publication, decisions are generally binding and have power only for the future. " ... 77. After Article 145, a new title is inserted, V ^ 1, with the name "Euro-Atlantic Integration", comprising two new articles, 145 ^ 1 and 145 ^ 2, with the following contents: The name of Article 145 ^ 1 will be: "Integration into the European Union" The article will be: "" Article 145 ^ 1 (1) The accession of Romania to the constituent treaties of the European Union, for the purpose of transferring powers to the Community institutions, as well as to the exercise jointly with the other Member States of the powers provided for in these treaties, shall be done by law adopted at the joint sitting of the Chamber of Deputies and the Senate, with a two-thirds majority of the number of deputies and senators. ... (2) As a result of the accession, the provisions of the constitutive treaties of the European Union, as well as the other binding Community regulations, take precedence over the contrary provisions of the internal laws, in compliance with the provisions of the accession. ... (3) The provisions of paragraphs 1 and 2 shall also apply accordingly to the accession to the acts of revision of the constituent treaties of the European Union. ... (4) The Parliament, the President of Romania, the Government and the judicial authority shall ensure that the obligations resulting from the act of accession and the provisions of paragraph 2 are fulfilled ... (5) The Government shall transmit to the two Houses of Parliament the drafts of acts of a binding nature before they are subject to the approval of the institutions ... The name of Article 145 ^ 2 will be: "Accession to the North Atlantic Treaty" The article will be: "" Article 145 ^ 2 Romania's accession to the North Atlantic Treaty is by law adopted at the joint sitting of the Chamber of Deputies and the Senate, with a two-thirds majority of the number of deputies and senators. " 78. Article 151 is amended and shall read as follows: The article name will be: "Transitional provisions" The article will be: "" Article 151 (1) The draft laws and legislative proposals being legislated shall be debated and adopted in accordance with the constitutional provisions prior to the entry into force of the revision law. ... (2) The institutions provided by the Constitution, existing on the date of entry into force of the revision law, remain in operation until the new ones are established. ... (. The provisions of paragraph 1 of Article 83 shall apply from the following presidential term. ... (4) The provisions on the High Court of Cassation and Justice will be brought to fruition no later than 2 years after the date of entry into force of the review law. ... (5) The judges in office of the Supreme Court of Justice and the advisors of accounts appointed by the Parliament shall continue their work until the expiry of the mandate for which they were appointed. In order to ensure the renewal of the Court of Accounts of 3 in 3 years, upon the expiry of the mandate of the current account advisors they will be able to be appointed for another term of 3 years or 6 years. ... (6) Until the establishment of the specialized courts, the disputes resulting from the activity of the Court of Auditors shall be settled by the ordinary courts. " ... 79. Article 152 is amended and shall read as follows: The name of the article will be: The article will be: "" Article 152 The Law on the revision of the Constitution shall be published in the Official Gazette of Romania within 5 days from the date of adoption. The Constitution, amended and supplemented, after the approval by referendum, shall be revisited by the Legislative Council, with the updating of the names, giving the texts a new numbering. " This law was passed by the Chamber of Deputies and the Senate at the meetings of September 18, 2003, in compliance with the provisions of Article 147 (1) of the Romanian Constitution, and approved by the national referendum of 18-19 October 2003, of to which results are confirmed by Constitutional Court Decision no. 3 3 of 22 October 2003 , presented at the joint sitting of the Chamber of Deputies and the Senate of 23 October 2003 Bucharest, October 23, 2003. No. 429. -------------
