ROMANIA’S NEW CONSTITUTION
Romanian citizens were called to validate by referendum, on 2003, October 18-19, the modifications brought by the Parliament to the Constitution, our fundamental law, meaning to apply the stamp of legitimacy on the “Constitution of the Romanian European Integration”.
THE PRINCIPLES OF THE NEW CONSTITUTION
The principle of political pluralism, as condition and guarantee of the constitutional democracy;
The principle of equilibrium and separation of the state powers;
The principle of free initiative;
The guarantee of the private property;
Establishing the role of state property in the Romanian society;
Specialisation of the Legislative Chambers along with maintaining their equality in attributions, but also their differentiation according to the issues to be pronounced upon;
Eliminating the mediation process and gathering in common session of the two Chambers to solve differences in mediation stage;
Restricting parliamentarian immunity;
Limitation of the Emergency Ordinances;
Prolonging the Romanian President tenure to 5 years;
Strengthening the control of the Parliament upon the Government;
Stating more conclusive the rights of the national minorities;
Elimination of the mandatory military service, issue that will be regulated by an organic law;
Regulating by organic law of the electoral system, establishing the Permanent Electoral Authority;
Reducing the number of signatures needed for the citizens in order to have legislative initiative;
Granting access to culture;
Granting social scholarships to children and youths coming from families in difficulty to those in special institutional care, according to the law.
RIGHTS GUARANTEED
1. PARTICIPATE TO DECISION MAKING PROCESS
- “The candidates must have fulfilled, until election day inclusively, the age of 23 years, in order to be elected in the Deputy Chamber or in the bodies of the local public administration, the age of 33 years old in order to elected in the Senate, and at least 35 years old in order to be elected President of Romania..”(art 35, paragraph 2)
”In conditions of Romania’s accession to the European Union, Romanian citizens have the right to elect and to be elected in the European Parliament”(art 351)2.FREE ASSOCIATION
- “Citizens may associate freely in political parties, unions, state ownerships and other forms of association.”(art 37, paragraph 1)
- “Unions, state ownerships and professional associations are established and operate according to their statutes, and the law in force. They contribute to protect the rights and to promote professional, economic, and social interests of their members.”(art 9, paragraph 9)3.LEGISLATIVE INITIATIVE
- “Legislative initiative is held, accordingly, by the Government, deputies, and senators or by a number of at least 100.000 citizens with voting rights. (…)” (art 73, paragraph 1)
- “Unions, state ownerships and professional associations are established and operate according to their statutes, and the law in force. They contribute to protect the rights and to promote professional, economic, and social interests of their members.”(art 9, paragraph 9)”FOR A FREE AND DEMOCRATIC COUNTRY THE NEW CONSTITUTION GUARANTEES:
- "Romania is a rightful, democratic and social state, in which the human dignity, the rights and liberties of the citizens, the free development of the human personality, righteousness and political pluralism represent supreme values, in the spirit of the democratic traditions of the Romanian people and the ideals of the Revolution in December 1989 and are guaranteed." (Art. 1, al. 3)
- "The state is organised according to the principle of separation and the power equilibrium - legislative, executive and courts of law - within the constitutional democracy."(Art. 1, paragraph 4)
- "In Romania, abiding the constitution, its supremacy and its rules is mandatory" (Art 1, paragraph 5).
- "National suzerainty belongs to the Romanian people exercised by its representative bodies, established by free, periodical and correct elections, as well as by referendum."(Art 2, paragraph 1)
- "The state has as fundament the unity of the Romanian people and the solidarity of its citizens."(Art 4, paragraph 1)FOR FREE ACCESS TO EDUCATION AND CULTURE THE NEW CONSTITUTION GUARANTIES are:
- "The state education is free of charge, according to the law. The state grants social scholarships to children and youths coming from families in difficulty to those in special institutional care, according to the law."(art 32, paragraph 4)
- "Education on all levels is operating in public, private, and confessional school units, according to the law."(art 32, paragraph 5)
- "Access to culture is guaranteed, according to the law."(art 32, paragraph 1)
- "A person's liberty to develop its spirituality and to access the national and universal culture values is unbound."(art 32, paragraph 2)
- "the state must ensure preservation of the spiritual identity, to support the national culture, arts, protection and preservation of the cultural heritage, to develop contemporaneous creativity, to promote Romanian cultural, artistic values worldwide."(art 32, paragraph 3)REGARDING THE PROPERTY THE NEW CONSTITUTION STIPULATES:
- "Private property is guaranteed and protected equally by the law, regardless of the owner. Foreign citizens and stateless persons may acquire the right to private property upon lands only in conditions of Romania's accession to the European Union and of other treaties Romania is part of, on mutual basis, according to the organic law and the legal inheritance."( art 41, paragraph 2)
- "Nationalisation or other such measures of forced acquirement from private to public property of some goods, based on the social, ethnic, religious, political reasons or any other discriminatory reasons is strictly forbidden."(art 41, paragraph 31)
- "Private property is sacred, according to the organic law."(art 135)For more information
http://www.mae.ro; http://www.mie.ro; http://www.publicinfo.ro