Romanian Constitution

The Romanian Constitution is the fundamental law that establishes the structure of the government of Romania, the rights and obligations of the country's citizens, and its mode of passing laws. It stands as the basis of the legitimacy of the Romanian government. The constitution was most recently revised by a national referendum on October 18-19, 2003. The new constitution, which took effect October 29, 2003, follows the structure of the Constitution of 1991, but makes significant revisions.

Structure

The Constitution of 1991 contains 152 articles, divided into 7 major sections or "Titles":
  • Title I - General principles
  • Title II - Fundamental rights, liberties, and duties
  • Title III - Public authority
  • Title IV - Public economy and finance
  • Title V - Constitutsional court
  • Title VI - Revising the Constitution
  • Title VII - Final disposition and transition

History

The first constitution of the United Principality (later Kingdom) of Romania was adopted July 1, 1866. After the extension of national territory in 1918, a new constitution was approved March 29, 1923. In the communist period, the constitution was modified in 1948, 1952, and 1965. After the Revolution of 1989, a new constitution was adopted in 1991.

The Referendum of October 18-19, 2003

The Romanian parliament put forth a constitutional referendum for October 18-19, 2003. 55.7%, of eligible voters turned out, with 89.7% of those voting in favor of the changes. The new constitution took effect October 29, 2003. More than half of the articles of the constitution underwent changes, large and small. The most important changes were:
  • National minorities have the right to use their native language in dealing with the governmental administration and the courts.
  • Private property is guaranteed the protection of the law.
  • The mandate of the Romanian Presidency is extended to five years (previously it was four years).
  • Military conscription is regulated by organic law (previously it was made mandatory by the Constitution)
  • Parliamentary immunity is limited.
  • Once Romania accedes to the European Union (EU), citizens of EU countries will have the right to vote and to run as candidates in local elections (if they live in the relevant locale).
  • Entry into the European Union and NATO will not require a further referendum, merely a parliamentary vote.

Controversy

The 2003 referendum was massively contested by NGOs and the press, mostly due to misinformation given to the public, use of public funds for the Yes advertisment campaign, and extensive allegations of massive fraud. For example, the number of votes cast increased by 20% in the last 5 hours of the two-day referendum, the electoral committee attributing these to (illegal) mobile voting booths being set up in markets and results being centralised during the last hours of the referendum.

External links

Constitution

 

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