Presentation on theme: "The content of the Romanian Constitution. The normative content of the Constitution was structured, from a juridical point of view, in 156 articles, grouped."— Presentation transcript:
The normative content of the Constitution was structured, from a juridical point of view, in 156 articles, grouped in eight titles and some of the titles even included chapters and sections. The Romanian Constitution, in its initial form, was adopted during the meeting of the Constitutional Assembly from the 21 st of November 1991, was officially published in the Romanian Official Monitor, part I, no. 233 from the 21 st of November 1991 and entered into force as a result of its approval given by the national referendum of the 8 th of December 1991.
The first title, denominated General Principals, contains norms referring to the unitary structure of the state, of its republican form of government. The Romanian state is characterized as a constitutional, democratic and social state, in which the national sovereignty belongs to the people who exercise it by its representative bodies or by the referendum.
Related to the territory, it is administratively organized in communes, cities and counties. Also, in this title, there are dispositions by which the rights of the people belonging to national minorities are recognized and guaranteed for the conservation, development and experimentation of the ethnical, cultural, linguistic and religious identities.
At the same time, the obligation of the state to support the strengthening of the relationship with the Romanians from outside the boundaries of the countries is established, as well as the conservation, development and expressing of ethnical, cultural, linguistic and religious identities and of course with the observance of the legislation of the state whose citizens they claim to be. Similarly, in this title there are dispositions referring to the political parties and the syndicated, to the acquirement and the loss of the Romanian citizenship.
Under this last aspect, one must keep in mind the rule, namely that the Romanian citizenship can not be retracted to that person who obtained it by birth.Certain dispositions concern the international relations of Romania–defined as peaceful relations and of good neighboring–and the legal value of the international treaties.In this sense, two rules of great importance are established, and namely:Romania undertakes to fulfill accurately and with good faith the obligations that result from the treaties in which it represents an integral part;the treaties ratified by the Parliament,in conformity with the law,are a part of the internal law
Also, in the first title, there are dispositions referring to the national symbols ( the flag, the national day, the anthem and the seal of the state ), to the official language in the state – which is the Romanian language and the capital which is the Bucharest Municipality.
National Symbols Coat of armsThe sealThe Flag Our national day it’s on December 1st Our national anthem it’s called „Desteapta-te romane” by Andrei Muresean witch would roughly translate to „Wake up Romanian”
The second title is denominated The rights, liberties and fundamental duties. It is structured in four chapters. In chapter I, that bears the name Common dispositions, constitutional principles applicable to the domain of rights and liberties are established. In chapter II, The rights and fundamental liberties, are consecrated: the inviolabilities ( the right to life, the right to physical integrity, the individual liberty, the right to defense, the right to free circulation, etc); the rights and cultural, social and economic liberties ( the right to learn, the right to health protection, the right to work and social protection of work, the right to a strike, the right to property, the right to inheritance, the right to a decent level of living, the right to marriage, etc); the exclusively political rights ( the right to vote and the right to be chosen ); the social and political rights and liberties ( the liberty of expressing oneself, the right to information, the secret of correspondence)
In chapter III the Fundamental Responsibilities are established, and namely: the duty to observe the Constitution and the laws; the responsibility of fidelity to the country; the duty to protect the country; the duty to satisfy the military service, etc. Chapter IV regulates the Ombudsman, as a guarantor of the citizens’ rights and liberties. He is chosen for a period of 5 years and has many deputies specialized on domains of activity. They can not fulfill any other public or private function, except the didactic function from the superior education. The Ombudsman exercises his functions ex officio or at the request of the persons whose rights and liberties have been violated, in the limits established by the law. These may contain recommendations regarding the legislation or measures of other nature as to protect the rights and liberties of the citizens.
Title III, denominated Public Authorities is structured on chapter, and some chapters also have sections. Firstly, there are the regulations concerning the Parliament. It is organized as a Parliament with a bicameral structure ( Chamber of Deputies and the Senate), chosen by universal, equal, direct, secret and freely - expressed vote, for a mandate of 4 years. The following are then regulated: the rights and obligations of the deputies and senators; legislation process; domain reserved for the organic law, etc.
In chapter II of this title, the regulations regarding the Romanian President are contained, who is chosen by universal, equal, direct, secret and freely - expressed vote, for a mandate of 5 years during which the mandate of the Romanian President can not be a member of the party and can not fulfill any other public or private function. The attributes, incompatibility, immunity and responsibility of the chief of state are also established.
The Government is regulated in chapter III which contains regulations regarding the composition, investiture and its documents. A special chapter ( IV ) is consecrated to the relations between the parliament and the government, the right of the parliamentarians to ask question, and to address interpellations, the engagement of the responsibility of the Government and the basic motion. The prime – minister rules the government and coordinates the activity of it members, thus observing their attributions. The Romanian President can not revoke the prime – minister.
Chapter V, the public administration regulates the central public specialized administration and public local administration. The function of the following authorities is regulated: Armed forces, Supreme Council of Defense of the Country, the local, public Administration, the City and Communal Authorities, the County Counsel, the prefect. Chapter VI regulates the judicial authority. The dispositions from this chapter refer to the Court Authorities, the Public Ministry and the Superior Council of the Magistracy. The court authorities. Article 124, the administration of justice: 1. Justice is performed in the name of the law 2. Justice is unique, impartial and equal for all 3. The judges are independent and will submit only to the law
The judges are denominated by the Romanian president and are immovable in the conditions of the law.The function of judge is incompatible with any other public or private function, except the didactical function of the superior education.Justice is achieved by the High Court of cassation and Justice and the other law courts established by law.The superior Council of magistracy is the guarantor of the independent justice, being composed of 19 members, and it proposes the President of Romania the denomination in function of the judges and the prosecutors, except those that are trainees in the conditions of the law.
Title IV denominated the Economy and Finances contains norms related to the economy of property and the banking system, the national public budget, the duties and taxes, the Court of Auditors.
Title V, the Constitutional Court, regulates the control of constitutionality. This is the guarantor of the supremacy of the constitution. It is composed of nine judges named on mandates of 9 years which can not be prolonged or renewed. The judges of the Constitutional Court must benefit from a superior legal training, high professional competences and a seniority of at least 18 years in the legal activity or in the superior legal education. The judges of the Constitutional Court are independent in the exercise of their mandate and immovable during its period.
Title VI, the Euro-Atlantic integration, the adherence of Romania to the constitutive treaties of the European Union, with the aim of transferring certain attributions to the community institutions, as well as to commonly exercise with the other member states the competences stipulated in these treaties, that is performed by means of the law adopted in the common meeting of the Chamber of Deputies and the Senate with a majority of two thirds from the number of deputies and senators.
Title VII. The revision of the constitution regulates the initiative of the revision. The revision of the constitution may be initiated by the President of Romania, at the proposal of the government, by at least a quarter of the number of deputies or the senators, as well as by at least 500.000 citizens with the right to vote.
Title VIII bears the denomination Final and transitory dispositions and contains the regulation related to the entry into force of the constitution, the temporal conflict of laws, the future and existent institutions.