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CITIZENS' CONSTITUTION. Draft law on the review of the Constitution of Romania

Data publicarii: 12.02.2014 11:32:00

 

   

 

This draft law was drafted by the Initiative Committee of the Citizens’ Constitution Group, established on 16.03.2013 and was completed by Constantin Cojocaru, President of the Initiative Committee, in collaboration with Ilie Badescu, Florian Colceag, Viorel Gligor, Marian Ilie, Alexandru Melian, Ioan Roşca, Mihail Seidner and Gheorghe Sin. Upon completion of the text, we considered the observations made by the Legislative Council of Romania, approval no. 308/22.04.2013, as well as the proposals made within the Constitutional Forum, coordinated by Cristian Pârvulescu, and within the Parliamentary Committee for the revision of the Constitution, managed by Crin Antonescu. The final text of the draft law was approved by the new Initiative Committee, established on 10.12.2013.

Signatory members of the Initiative Committee: Marian ANTONESCU, Stelică BÎRSAN, Petrache BOBOC, Constantin COJOCARU, Florian COLCEAG, Petrică DIMA, Vasilică DOROHOIANU, Viorel GLIGOR, Marian ILIE, Miron MANEGA, Traian MANEA, Mihai MIHĂILĂ, Emil-Marian  NAE, Ghiocel ONOFREI, Denisa POPOVICI, Lucian TAFTĂ, Liviu ŢIGANAŞU, Cristian TRAŞCĂ, Mihai VOICU.

 

PARLIAMENT OF ROMANIA

 

CHAMBER OF DEPUTIES                             SENATE

 

 

DRAFT LAW ON THE REVIEW OF THE CONSTITUTION OF ROMANIA


The Parliament of Romania enacts the hereby law:

 

ART. I

The constitution of Romania, reviewed by Law 429/2003, approved by national referendum organized during October 18-19, 2003 and republished in the Official Journal of Romania, part I, no. 767 of October 31, 2003, shall be amended and supplemented as follows:

 

1. Before TITLE I a Preamble shall be introduced, having the following content:

 

"PREAMBLE

We, the Romanian people,

Aware of our responsibility in front of God and people, thanking our forefathers for creating Romania and Romanian civilization for us, wishing to provide the freedom, wealth and happiness of ourselves and of our successors, to build our own state, national, sovereign and independent, unitary, indivisible and democratic, built on the foundation of the Romanian civilization values, competent and responsible servant of our rights and interests, able to worthily integrate within the family of sovereign states of European Union,

Knowing that the only way we could manage and protect the freedom, wealth and happiness, the rights earned by our forefathers' blood on the national territory, on the natural resources of this land and on the riches we have created and that we create through our work, is the construction of the democratic economy, by the capital appropriation of all citizens, so that the majority share to remain, forever, under the private property of most of the citizens,

Understanding that only by owning the economic power, the Romanian people shall also own the political power, shall also own its state and they shall also impose their own moral values: faith; dignity; freedom; justice; truth; honesty; honor; courage; work; spirit of initiative and undertaking; kindness; hospitality; tolerance; love for peers, for family, for the people and country; non-aggression and non-interference in other peoples' business,

We have decided, by referendum, to adopt the hereby Constitution of Romania."

 

2. Article 1 shall be amended and includes the following:

"(1) Romania is national, sovereign and independent state, unitary, indivisible and democratic.

(2) The form of government of the Romanian state is the republic. The form of government may be modified by national referendum.

(3) The Romanian state is built on the fundamental moral values basis of the Romanian civilization: faith; dignity; freedom; justice; truth; honesty; honor; courage; work; spirit of initiative and undertaking; kindness; hospitality; tolerance; love for peers, for family, for the people and country; non-aggression and non-interference in other peoples' business.

(4) The Romanian state is organized based on the principles of the people's control over the state, separation, independence and balance of the state authorities - legislative, executive, judicial, media, financial, electoral, statistic, moral, scientific - within the constitutional democracy. The state authorities are those established by Constitution. Between those there are no hierarchical relationships, but only collaboration and mutual control relationships.

(5) Romania is a state subject to the rule of law, where the Constitution observance, the observance of its supremacy, laws and judicial decisions is mandatory, except the cases where the laws and judicial decisions are abusively adopted, by usurping the state authorities and institutions."

 

3. Following article 1, a new article is inserted, 1.1., thus: 

The name of the article shall be "European Union"

 

The article shall have the following content:

"(1) Romania is state member of the European Union.

(2) Romania applies the provisions of the constitutive treaties of the European Union, as well as the other regulations of the Union, set up according to the provisions of the constitutive treaties.

(3) The review of the constitutive treaties of the European Union shall be approved by the Romanian people, by referendum.

(4) The Romanian people may decide, by referendum, the withdrawal of Romania from the European Union, if they consider that the regulations or actions of the European Union interfere with their interests, by observing the provisions of the Union's constitutive treaties." 

 

4. Article 2 shall be amended and supplemented as follows:

Paragraph (1) shall have the following content:

"(1) The national sovereignty belongs to the people, who exercise it by referendum, as the instrument of the direct democracy, and by the state authorities and the local authorities, incorporated according to the Constitution, by free, regular and fair elections."

Following the paragraph (1), two new paragraphs shall be inserted, having the following content:

"(1.1) The people entrust part of the attributes of their sovereignty to the state authorities and local authorities, which exercise them on behalf and for the best interest of the people, according to the Constitution.

(1.2) Any breach of the mandate entrusted to the state authorities and local authorities shall be sanctioned by the people, by referendum, according to the Constitution".

 

5. Following article 2, a new article is inserted, 2.1., thus

The name of the article shall be "Referendum" 

The article shall have the following content:

“(1) The people express their will on any problem of national or local interest, by referendum, organized according to the Constitution and to the law.

(2) The local referendum shall be organized at the commune, town, municipality or county level, at the request of the mayor, governor of town, of a quarter of the number of local councilors, respectively county councilors or at the request of at least 5% of the citizens entitled to vote of the respective commune, town, municipality or county.

(3) The national referendum shall be organized at the initiative of the President of Romania, at the initiative of at least 250,000 citizens entitled to vote, or by virtue of office, by the Electoral Authority, in the situations provided in the Constitution.

(4) The Electoral Authority shall be bound to organize the initiated referendum, according to the Constitution, within 45 days from the date of recording the initiatives at this Authority, or at the time limits provided in the Constitution.

(5) The referendum, organized according to the Constitution, is valid and shall be effective in the terms determined by the majority of those enlisted on the permanent electoral lists, which have attended the referendum and validly expressed their votes. The referendum shall also be attended by the citizens having their domicile or residence or traveling abroad and are enlisted on the additional electoral lists. During the referendum, the vote options shall be presented on the ballots so that the electors enlisted on the electoral lists could chose by expressing their option by "YES" or "NO".

(6) The will expressed by the electors by means of referendum, validated as legal, shall be mandatory for all state and local authorities.

(7) Any law, or decision, approved by referendum may be amended, added or abrogated only by another referendum." 

 

6. Article 3 shall be amended and supplemented as follows: 

Paragraph (2) shall have the following content:

 

“(2) The frontiers of the country are ratified by law, by observing the principles and the other generally accepted rules of the international law.”

Paragraph (3) shall have the following content:

“(3) The territory is organized, administratively, in localities - communes and cities - and counties. The communes are made of one or more village(s). Under the law, certain cities are declared municipalities.  

Following the paragraph (3), one new paragraph shall be inserted, having the following content: 

"(3.1) The reorganization of the national territory, administratively, shall be approved by national referendum." 

 

7. Following article 3, a new article shall be inserted, 3.1., thus: 

The name of the article shall be: "Reunification of the Motherland"

The article shall have the following content:

 

“(1) The Romanian state is the follower of the national and unitary state, ratified by the Act of Union between Basarabia and Romania, read and signed in Chisinau on March 27, 1918, by the Declaration of the Union of Bucovina with Romania, as approved by the General Congress of Bucovina in Cernauti on November 15/28, 1918 and by the National Assembly Resolution of December 1st, 1918.

(2) Romanian people constantly and peacefully militate and act for the Reunification of the Motherland, by the final and irrevocable removal of the consequences of the Second World War, by observing the provisions of the treaties and international law." 

 

8. Following article 3.1, a new article is inserted, 3.2., thus:

The name of the article shall be: "Regions of development”

The article shall have the following content:

"(1) On the Romanian territory regions of development are established, which are units for planning the regional development and for gathering specific statistic data, according to the European regulations.

(2) The responsibilities, names and structure of the regions of development are set up by law, which may be amended by national referendum." 

 

9. Article 5 shall be amended and supplemented as follows: 

Paragraph (1) shall have the following content:

 

 "(1) The Romanian citizenship shall be acquired, retained or lost under the conditions provided by law, adopted by national referendum."

Following the paragraph (1), three new paragraphs shall be inserted, having the following content:

 "(1.1) The Romanian state shall keep a record of the persons granted the Romanian citizenship, on demand or by adoption, and shall publish the complete list of those persons, in the Official Journal of Romania, Part I, in the last business day of each year. The list specifies the foreign citizenships that the persons in question hold, or have held, prior to receiving the Romanian citizenship, as well as the first names of the two parents of the persons in question.  In the first list, published at the end of the year when the hereby act comes into force, there are included all persons receiving the Romanian citizenship, since January 24, 1859 until the end of the year the list is published.

(1.2) The Romanian ethnics that have resided or reside within territories that were part of the Romanian territory have not lost the Romanian citizenship. All citizens proving that they are in this situation and their offspring are acknowledged the Romanian citizenship, on demand, forthwith, free of charge.

(1.3) The persons, who have participated, in any way, to the anti-Romanian genocide after 1944, may not receive the Romanian citizenship, if the genocide participation is determined by a final court decision."

 

10. Article 6 shall be amended and includes the following: 

"(1) The state acknowledges and guarantees all its citizens the right to preserve, develop and express their ethnic, cultural, linguistic and religious identity.

(2) The protection measures taken by the state for the preservation, development and manifestation of the ethnic, cultural, linguistic and religious identities of all its citizens shall be in compliance with equality and non-discrimination principles, as compared to the other Romanian citizens. 

(3) The ethnicity represents the community of the persons speaking the same mother tongue.

(4) Each citizen of Romania has the right to acknowledge his/her ethnicity and religion, by declaring them at the first census organized after the date at which he/she has reached the age of 18.

(5) Only the citizens who declared their ethnicity and religion, according to the paragraph, benefit from the protection measures taken by the state for the preservation, development and manifestation of their ethnic, cultural, linguistic and religious

identity. Until reaching the age of 18, the children exert their rights by their parents, under the law." 

 

11. Article 7 shall be amended and supplemented as follows:

The name of the article shall be: "Romanians outside the state borders" 

Following the paragraph (1), one new paragraph shall be inserted, having the following content:

"(2) Romanians in the territories located outside the Romanian borders, territories that are part of the Romanian people's ethnogenesis space, benefit from a special attention from the Romanian state."

 

12. Article 8 shall be amended and supplemented as follows:   

The name of the article shall be: “Political parties”

The article shall have the following content:

"(1) The political pluralism within the Romanian society is a condition and a warranty of the constitutional democracy.

(2) The political parties are incorporated and conduct their business under the law. These contribute to the definition and manifestation of the citizens' political will, by observing the national sovereignty, territorial integrity, democratic principles and the rule of law.

(3) The political parties are bound to observe the existing rule of law, but have the right to monitor its change, by democratic means.

(4) The use of the political parties as instruments for the promotion of interests of certain minority groups that try to take over the state institutions, using them against the society interests, shall be forbidden.

(5) The political parties are legal entities of private law.

(6) The incorporation of political parties on ethnic or religious criteria is forbidden.

(7) The operation of political parties acting against the national interests shall be forbidden.

(8) All parties registered, according to law, have the same rights, including in what concerns the representation in the electoral bureaus and access to airtime.

(9) The financing from the national public budget of the political parties shall be forbidden.

(10) The political parties shall be exclusively financed from the fees paid by their members. The fee is the same for all members of a party.

(11) The conditioning of incorporation and operation of political parties by the number of their members shall be forbidden.

(12) The conditioning of the political parties operation by obtaining a certain number of votes during the elections shall be forbidden. 

 

13. Article 10 shall be amended, as follows:

Following the paragraph (1), one new paragraph shall be inserted, having the following content

(2) Romania shall not participate to wars of aggression, invasion or colonization.

 

14. Article 11 shall be amended and includes the following:

"(1) The Romanian state undertakes to fulfill as such and in good faith, generally accepted rules of international law, as well as the obligations arising from treaties that is part of.

(2) The treaties that the Romanian state is going to be part of are approved by the Romanian people, by means of referendum. These treaties shall not have hidden clauses.

(3) If the treaty that the Romanian state is going to be part of contains provisions that are contrary to the Constitution, it shall not be ratified, unless the Constitution review took place.

(4) The treaties that the Romanian state is part of, approved and effective are part of the domestic law

(5) When interpreting the constitutional provisions on the citizens' rights and obligations, the provisions of the Universal Declaration of Human Rights and of the other treaties that the Romanian state is part of shall be taken into account."

(6) The international treaties that Romania is part of at the date of the hereby law comes into force, containing provisions that are contrary to the national interests, shall be subject to the people's approval, by means of national referendum, initiated by citizens, according to law" 

 

15. Article 12 shall be amended, as follows:

Paragraphs (2), (3) and (4) shall have the following content:

"(2) The national days of Romania are May 9th and December 1st.

(3) The national anthem of Romania shall be "Trei culori" (Three Colors), music and lyrics by Ciprian Porumbescu.

(4) The coat of arms and the state seal shall be established by law."

 

16. Article 13 shall be amended, as follows:

Following the paragraph (1), four new paragraphs shall be inserted, having the following content:

(3) Learning, knowing and use of Romanian language in relation to the other Romanian citizens shall be mandatory for all Romanian citizens.

(4) The native language may be used in the relationships between citizens belonging to the same ethnicity

"(2) The public debates within the deliberative bodies of the state and local authorities shall be conducted in Romanian. (5) Any Romanian citizen has the right to claim that, in the relationships with him/her, the other Romanian citizens to use the Romanian language." 

 

17. Article 14 shall be amended, as follows:

Following the paragraph (1), one new paragraph shall be inserted, having the following content:"

(2) The capital may be changed by means of national referendum."

 

18. Article 15 shall be amended and supplemented as follows:

Following the paragraph (1), one new paragraph shall be inserted, having the following content:

"(1.1) Legality is subject to individual and national welfare." 

 

Following the paragraph (2), four new paragraphs shall be inserted, having the following content:

"(3) It shall be removed any limitation for offenses committed after August 23, 1944 by the persons that prevented the crimes denunciation, investigation, prosecution.

(4) Acts committed against the national sovereign, independent, unitary and indivisible character of the Romanian state, the betrayal of the country, the acts that led to the undermining of the national economy, of the spiritual heritage and state power, which caused the destruction and conveyance of the national capital, constitute crimes against Romanian people and shall not be subject to time-barring.

 (5) The violation of the rights and fundamental freedoms of the citizens of Romania during the communist regime, or later, and protecting those responsible for these abuses, which should have been judged, are crimes not subject to time-barring.

(6) The state is bound to adopt laws to specify the penalties to be applied to all public officials, elected or appointed, who are guilty of violating the fundamental rights and freedoms of the citizens, guaranteed by the Constitution." 

 

19. Article 16 shall be amended and supplemented as follows:  

Paragraph (3) shall have the following content:

"(3) The public positions, civil or military, may be employed, under the law, by the people who have Romanian citizenship and reside in the country.

Paragraph (4) shall have the following content:

(4) EU citizens resident in Romania that meet the requirements of the law have the right to elect and be elected in local authorities."

Following the paragraph (4), two new paragraphs shall be inserted, having the following content:

"(5) The persons who, according to final court decisions have gained fortunes by breaking the law or could not justify the acquired fortunes, those who have been convicted for crimes against state security, for acts of corruption, conflict of interest or for incompatibility shall not hold public positions.

(6) The persons holding public positions shall be materially and criminally held responsible for the damage caused to the state or citizens during the performance of the job duties, under the law."

 

20. Article 17 shall be amended, as follows:

Following the paragraph (1), one new paragraph shall be inserted, having the following content:

"(2) If a person, in addition to Romanian citizenship, also has another citizenship which creates obligations towards another state, contrary to Romania's interests, he/she shall choose the citizenship that suits him/her."

 

21. Article 19 shall be amended, as follows:

Paragraph (2) is abrogated.

Following the paragraph (4), one new paragraph shall be inserted, having the following content:

 "(5) The Romanian state is bound to take all necessary endeavors in order to obtain the extradition of the Romanian citizens found guilty of any crime and the full repatriation of the values smuggled out of the country."

 

22. Article 20 is abrogated.

 

23. Article 21 shall be amended, as follows:

Paragraph (1) shall have the following content:

"(1) Any person can refer to court for the protection of his/her rights, freedoms and legitimate interests, completely free of charge."

Paragraph (3) shall have the following content:

"(3) The parties have the right to a fair trial and the settlement of the cases in optimal and predictable time."

Paragraph (4) shall have the following content:

"(4) Special administrative jurisdictions are optional and free."

 

24. Article 22 shall be amended, as follows:

Following the paragraph (1), one new paragraph shall be inserted, having the following content:

"(1.1) The right to physical and mental integrity may not be restricted in any way, even in terms of Article 53."

 

25. Article 23 shall be amended, as follows:

Paragraph (4) shall have the following content:

"(4) In exceptionally and motivated cases, the investigation and prosecution in the criminal trial are conducted by the person's deprivation of liberty. The preventive custody is ordered by the competent court, under the law, during the criminal proceedings." 

 

26. Article 24 shall be amended and supplemented as follows:

Paragraph (2) shall have the following content:

"(2) Throughout the trial, the parties are entitled to a lawyer and to have adequate time and facilities for the preparation of defense."

Following the paragraph (2), two new paragraphs shall be inserted, having the following content:

"(3) Throughout the trial, there shall be observed the principle of arms equality between the parties.

(4) The special investigation techniques, such as tapping and telephone communications, environmental or any other type or the use of protected identity investigators, may be used throughout the criminal investigation and trial, over a limited period, only on the approval of the court and under its close supervision."

 

27. Article 26 shall be amended and supplemented as follows:

Paragraph (1) shall have the following content:

"(1) The state guarantees citizens' right to intimate, family and private life. The surveillance of citizens' life by the public authorities or by any other Romanian or foreign natural persons or legal entities shall be forbidden. The citizens' are entitled to monitor the activity of the state bodies, completely transparently. "

Following paragraph (2), one new paragraph shall be inserted, having the following content:

"(3) The state guarantees citizens' right to personal data protection. Citizens may not invoke personal data protection in the event of a public interest defense need of the community."

 

28. Article 27 shall be amended, as follows:

 Paragraph (2) shall have the following content:

(2) The provisions of paragraph (1) may be waived under the law, based on explicit mandate and by severe penalties in case of abuse, for the following situations:

a) carrying out of an arrest warrant or a court order;

b) removing a risk to life, physical integrity or property of a person;

c) protecting the national security or public order;

d) preventing the spread of an epidemic.

Paragraph (3) shall have the following content:

"(3) Searches shall be ordered by the courts and carried out under the conditions and in the forms prescribed by law"

 

29. Article 29 shall be amended, as follows:

Paragraphs (1), (4) and (5) shall have the following content:

"(1) The freedom of thought and opinions, as well as the freedom of the religious beliefs shall not be restricted in any way. No one may be constrained to adopt an opinion or to join a religious belief, contrary to his/her beliefs. No law can introduce limitations on this right. Indictable offenses of opinion, lacking antisocial actions, may not be sanctioned under any circumstances.

(4) In the relationships among the cults any actions of religious enmity shall be forbidden.

(5) Religious cults shall be autonomous from the state. They enjoy the support of the state, by facilitating the religious support in the army, in hospitals, prisons, homes and orphanages."

 

30. Article 30 shall be amended and supplemented as follows:

Paragraph (2) shall have the following content:

"(2) Any censorship shall be forbidden. Actions by which the mass media prevent the publication of information, ideas and opinions that are of interest to the general public shall be prohibited and shall be sanctioned, according to the law."

Paragraph (4) shall have the following content:

"(4) No means of mass communication shall be suspended or canceled, except for law infringement cases, cases in which it has been prevented the publication of public interest information and cases in which the right of reply has been breached."

Following paragraph (8), one new paragraph shall be inserted, having the following content:

(9) The right of reply is guaranteed. The means of mass communication - publication, radio station, TV station, etc. - which has not granted the right of reply, under the law, is sanctioned by suspension and it may lose its license, respectively the operating license."

 

31. Article 31 shall be amended and supplemented as follows:

Following paragraph (2), two new paragraphs shall be inserted, having the following content:

"(2.1) Any person shall be bound to make public, of office, all of the goods, works or services purchased from funds or public resources, including the followed procedure and the costs for each purchase.

(2.2) The draft normative acts to be adopted by the public authorities and institutions, except those that have precedence, shall be subject to public debate at least 30 days prior to their adoption. The means of mass communication are bound to provide broadcast time for these discussions, under the law."

Following paragraph (3), one new paragraph shall be inserted, having the following content:

"(3.1) No exception shall be opposite to the right of access to information of public interest."

Paragraph (4) shall have the following content:

 

(4) The means of mass communication, public and private, shall be bound to provide correct information to the public opinion. Public misinformation and manipulation shall be punished, under the law."

Paragraph (5) shall have the following content:

 

(5) The public press services, radio and television shall be such as to guarantee to the social and political groups the exertion of the right to airtime. Organization and operation of such services shall be established by law."

 

32. Article 32 shall be amended and supplemented as follows:

Paragraph (1) shall have the following content: 

"(1) The right to education is provided for by the compulsory general education, by education in high schools and vocational schools, by higher education, as well as other forms of instruction, training, and continuous training."  

Following the paragraph (1), one new paragraph shall be inserted, having the following content:

"(1.1) Education of all grades shall pursue the full development of the human personality, the maximization of the potential individually, the formation of highly skilled professionals, development of creativity, analytical thinking, innovative abilities, strengthening the respect for the work well done, the respect for the fellow human beings and the nature, the history, traditions and the values of the Romanian people's civilization."  

Paragraph (2) shall have the following content:

"(2) The education of all grades shall be conducted in Romanian language." 

Paragraph (3) shall have the following content: 

"(3) The right of the persons to learn their mother tongue, and the right to be educated in this language are guaranteed; the procedures for the exertion of these rights shall be regulated by law." 

Following the paragraph (4), one new paragraph shall be inserted, having the following content:   

"(4.1) Public education is ideologically neutral, under the law."

To paragraph (5), one new point shall be inserted, having the following content: 

"The State sets up the quality standards in education for each level and form of education and monitors their observance." 

Following the paragraph (6), two new paragraphs shall be inserted, having the following content: 

"(6.1) The freedom of education and scientific research shall be guaranteed. 

 (6.2) The state provides the legal, economic, technical, environmental, musical, moral and sports education, throughout the educational process, starting with the compulsory general education, continuing with education in high schools and vocational schools, until the higher education completion."

Following paragraph (7), five new paragraphs shall be inserted, having the following content: 

"(8) The State shall grant social aid and other subsidies from the national public budget exclusively to persons who have graduated from at least gymnasium and obtained a vocational qualification completed with diploma. 

(9) The State shall ensure their schooling and professional qualifications in the places of detention for persons convicted for certain crimes. For such persons, the completion of the professional qualification started during imprisonment is mandatory. 

(10) For compulsory general education, the state provides school existence in every locality, where there is a minimum number of students, established by law."   

(11) The State shall be bound to recover the expenses made by schooling the persons leaving the country before practicing at least five years in the fields they have been educated for. 

(12) The State shall take measures so that to stimulate the performance in education, by paying the teaching staff according to the results of their work.


33. Article 33 shall be amended and supplemented, as follows:

Following paragraph (1), two new paragraphs shall be inserted, having the following content:

(1.1) Cultural richness and refining of the Romanians shall be a society purpose.

(1.2) It shall be prohibited under criminal penalty, the degradation of conscience by information intoxication and obedience to degenerative living conditions.

Paragraph (3) shall have the following content:    

"(3) The State shall ensure the spiritual identity preservation, the national culture support, arts stimulation, national cultural heritage protection and preservation, to promote cultural and artistic values of Romania in the world."

 

34. Article 34 shall be amended and supplemented, as follows:

Paragraph (1) shall have the following content: 

"(1) The right to physical and mental health, as well as to healthy food shall be guaranteed."

Following paragraph (1), one new paragraph shall be inserted, having the following content: 

"(1.1) For exercising the right provided by the previous paragraph, the state shall be bound to take measures in order to ensure that citizens' access to natural nutrition, clean water and clean air."

Following the paragraph (3), four new paragraphs shall be inserted, having the following content:

"(4) The patients shall have the right to choose their doctor from the list of those available at the health unit they address to. 

(5) Romania's accession to international agreements allowing the trading of seeds and genetically modified food products shall be forbidden, if this creates economic dependence from their producers. 

(6) The Romanian state is bound to ensure the development of a competitive national pharmaceutical industry, able of providing citizens with cheap and quality medicines.

 

7) The state shall encourage and grant the right to free practice to the medical internationally validated alternatives."

 

35. Article 35 shall be amended and includes the following:

"(1) The State acknowledges and guarantees the right of any person to a healthy natural and functional ecologic environment, by:

a) ensuring the legislative, institutional and educational framework, to guarantee the exertion of this right;

b) the protection, sustainable use and restoration of the natural environment, life nature and the other natural resources conservation;

c) the maintenance of the natural and cultural landscape, having a preservation value;

d) calling to account of the natural persons and legal entities for the damages caused to the natural environment. (2) The State shall be bound to act at international level for the preservation, protection and improvement of the environment and biodiversity through the creation and maintenance of protected areas.

(3) The State shall be bound to provide the population education and training in the spirit of environmental compliance and protection.

(4) The natural persons and legal entities shall be bound to protect the environment.

(5) The citizens have the right of access to the nature. The State shall be bound to ensure the preservation as public property of a natural space, large enough, of which the country's citizens to be able to enjoy, free of charge.

(6) Ill treatments applied to animals shall be forbidden.

 (7) The measures for the protection and improvement of the environment are part of the National Program of Romania's Development, assumed by the candidate for the position of President of Romania."

 

36. Article 36 shall be amended and supplemented as follows:

Paragraph (2) shall have the following content:

"(2) The legally incapacitated persons of medical reasons, or the persons condemned to loss of electoral rights, by final court decision, shall not have to right to vote."

Following paragraph (2), three new paragraphs shall be inserted, having the following content:

"(3) The vote shall be exercised at the polls, by protected IT systems or by mail, according to the law.

(4) Within the structure of electoral offices established, according to the law, for the good organization and carrying out of the elections and the referendum, at national level, at the level of constituency and at the level of polling station, there shall also be entered one representative of  the community associations, designated by their governing bodies.

(5) The State shall be bound to provide permanent legal education for citizens, by knowledge of provisions of the Constitution, of the organization and functioning of state and local authorities, of the fundamental rights, freedoms and duties of the citizens, of the provisions of the election legislation. This education is carried out throughout the education at all levels as well as by a permanent show, daily, at the national public TV station, as well as by the other components of the Press, Radio and Television National Public Service, according to the law"
 

37. Article 37 shall be amended and supplemented as follows:

Paragraph (1) shall have the following content:

(1) Eligibility is granted to all citizens having the right to vote, who fulfill the conditions laid down in Article 16 paragraphs (3) and (5).

Paragraph (2) shall have the following content:

"(2) Candidates must have reached, by or on the election day, the age of at least 23 years in order to be elected for the Parliament of Romania or for the local public administration bodies and the age of at least 35 years in order to be elected for the position of President of Romania, the President of Judicial Authority, President of the Mass-Media Authority, President of the Financial Authority, President of Electoral Authority, President of the Statistics Authority, President of Moral Authority, President of Scientific Authority, the Ombudsman, the President of the Court of Auditors, President of the Constitutional Court, the President of the Legislative Council, head of the Press, Radio and Television Public National Service, the head of the Romanian Intelligence Service."

Following paragraph (2), five new paragraphs shall be inserted, having the following content:

"(3) No person shall perform the same elective position more than two terms of office, which may also be consecutive, according to the law.

(4) The person elected for a public position on the lists of a political party, which leaves on its own initiative the party on the list which he/she has been chosen, loses the term of office, forthwith, according to the law.

(5) The conditioning of the participation in the elections by the payment by the candidates of some amounts of money, or the formation of bank deposits shall be forbidden.

(6) The introduction of electoral thresholds to validate the election for elective positions shall be forbidden.

(7) The conditioning of the candidacies for elective public positions by the presentation of certain lists of supporters shall be forbidden".
 

38. Article 38 shall be amended and includes the following:

"Romanian citizens have the right to elect and be elected to the European Parliament, in accordance with the provisions of the law and in compliance with the provisions of the constitutive treaties of the European Union."
 

39. Following article 38, a new article is inserted, 38.1., thus:

The name of the article shall be: "The election of Romanian members in the European Parliament"

The article shall have the following content:

"(1) The members of Romania in the European Parliament shall be elected by universal, equal, direct, secret and free suffrage, on the basis of poll vote, according to the principle of proportional representation, and on the basis of independent candidacies, in accordance with the law."
 

40. Following article 38.1, a new article is inserted, 38.2., thus:

The name of the article shall be: "Candidacies for the election of members of Romania in the European Parliament"

The content of the article shall be:

"(1) Nominees for the position of member of Romania in the European Parliament shall meet the following requirements:

a) have upper training;

b) to fulfill the conditions laid down in Article 37 paragraph (1);

c) to be at least 35;

d) they must have came to the fore as good professionals and citizens of perfect morality;

e) they must have come to the fore as active fighters for the protection of the rights and freedoms of the Romanian citizens;

f) to be appointed by political parties, legally registered in Romania or to run as independent.

g) to present the Legislative Program for electors, for which they undertake to act as member of Romania in the European Parliament, if elected.

(2) The Legislative Program shall constitute the nominee's election contract. The program shall specify the draft laws which the nominee commits to support in the European Parliament, in the interest of Romanian citizens. It shall be signed by the nominee for the position of member of Romania in the European Parliament, shall be printed and made available to the electors of the college where he/she runs, throughout the election campaign. A copy of this document shall be submitted to the Electoral Authority, the Moral Authority and the Ombudsman, at least 30 days prior to the commencement of the election campaign."
 

41. Article 39 shall be amended and includes the following:

"(1) The right of citizens to meet, peacefully, on the public domain of localities, in public meetings, rallies, demonstrations, processions, protests, or any other meetings, shall be guaranteed.

(2) The mayors of the localities shall be bound to provide the normal conditions for the normal conduction of citizens' public meetings.

(3) Places belonging to the public domain, where no public meetings may be conducted, shall be established by law. Under the provisions of the law, the city halls are bound to display, at their head offices, the list of sites belonging to the public domain, where no public meetings may be conducted.

(4) The organizers of the public meetings shall notify the town halls, at least 3 days before, the place and the time interval in which these meetings shall be carried out.

(5) No law and no person may prohibit the conduction of public meetings if this is intended to be carried out in a place not forbidden by law, without overlapping with another meeting, previously announced.

(6) Abetting a part of the population against another party peacefully protesting on the public domain shall be prohibited under criminal penalty.

(7) The use of force against peaceful manifestations of the citizens on the public domain shall be forbidden.

(8) The State shall be bound to stimulate and support civic spirit of the citizens, the public expression of the views relating to the society matters and their active participation in public decisions."
 

42. Article 40 shall be amended and supplemented as follows:


The name of the article shall be: "Freedom of association:

The article shall have the following content:

"(1) The freedom of association in political parties, trade unions, employers' associations and other forms of association is guaranteed.

(2) Any political parties or organizations whose purposes or actual activities are directed against political pluralism, the principles of the rule of law, fundamental rights and freedoms of citizens, as defined by the Constitution, or against the sovereignty, integrity or independence of Romania shall be unconstitutional.

(3) The following shall not be part of political parties, during their terms of office: the President of Romania, the President of the Judicial Authority, President of the Mass-Media Authority, President of the Financial Authority, President of Electoral Authority, President of the Statistics Authority, President of Moral Authority, President of Scientific Authority, the Ombudsman, the President of the Court of Auditors, President of the Constitutional Court, the President of the Legislative Council, head of the Press, Radio and Television Public National Service, the head of the Romanian Intelligence Service, magistrates, military staff in activity, the police and the other categories of civil servants. During their term of office, such persons shall not support any political party.

 (4) No law or other normative document shall not restrict or impose terms on the right of freedom of association, in addition to the restrictions laid down in paragraphs (2) and (3).

(5) Secret associations shall be forbidden. The character is secret when real objectives of the association are not stated in the rules of association and when the association projects having a negative social impact are hidden.

(6) The associations of clan type, which have as their purpose giving their members an advantage over the rest of the country's population, shall be forbidden."
 

43. Article 41 shall be amended and supplemented as follows:

Following the paragraph (1), one new paragraph shall be inserted, having the following content:

"1.1 The state shall be bound to build a national economy to provide jobs for all citizens able to work and who want to work."

Following the paragraph (2), one new paragraph shall be inserted, having the following content:

"(2.1) The State shall be bound to adopt laws that would prevent the conclusion of employment relationships that are abusive to the employees."

Paragraph (5) shall have the following content:

"(5) The right to collective labor negotiations and the binding force of the collective contracts and agreements shall be guaranteed. Failure to comply with the quality rules or good cooperation rules with the working teams causes the cancellation of the rights granted by the collective employment contract."

Following the paragraph (5), one new paragraph shall be inserted, having the following content:

"(6) All employees have the right to equal treatment and respect for the dignity of their work."
 

44. Article 42 shall be amended and includes the following:

"(1) Forced labor shall be forbidden, except as provided for in paragraph (2).

(2) Forced labor, carried out under biologically and morally acceptable conditions, shall be permitted in the following situations:

a) activities to carry out the military duties, as well as those carried out, according to the law, instead of those duties, for religious or consciousness reasons;

b) the work of a sentenced person, carried out under normal conditions, during the detention or conditional release period;

c) any services required to deal with a calamity or any other danger, as well as those which are part of normal civil obligations as established by law.

(3) Voluntary work, or chosen by a tax payer as an alternative to the payment of debts to the state budget, or local public authorities, does not constitute forced labor."
 

45. Article 43 shall be amended, as follows:


Paragraph (2) shall have the following content:

"(2) The law shall determine the categories of personnel, situations, conditions and limits on the exertion of this right, as well as the guarantees necessary to provide the essential services for the society."


46. Article 44 shall be amended and supplemented as follows:

The name of the article shall be: The property right.

Paragraph (1) shall have the following content:

"(1) The right of property, legally and legitimately established, as well as the debts incurring on the state, legally and legitimately constituted are guaranteed."

Following the paragraph (1), one new paragraph shall be inserted, having the following content:

"(1.1) The property is public or private."

Paragraph (2) shall have the following content:

"(2) The property is guaranteed and equally protected by law, irrespective of its holder."

Paragraph (6) shall have the following content:

"(6) Compensations provided under paragraphs (3) and (5) shall be established according to the law, taking into account the market prices."

Paragraph (8) shall have the following content:

"(8) Legally acquired assets may not be confiscated."

Paragraph (9) shall have the following content:

"(9) Any goods intended for, used or resulting from a criminal or minor offense, as well as those whose origin is not justified, shall be seized, in accordance with the provisions of the law.  By the justification for origin of goods shall be understood the obligation of the person concerned to prove legality of the means used for the acquisition or increase of goods."

Following paragraph (9), nine new paragraphs shall be inserted, having the following content:

"(10) Public property belongs to the Romanian people, or local communities, and is managed by the state or by local authorities.

11) The riches of the subsoil, of any nature, mines, lands and forests in the land of the people, the air space, ways of communication, use and public interest, waters, natural energy sources, beaches, territorial waters, natural resources of the economic zone and the continental shelf, the base material of the authorities and public institutions, as well as other assets established by law, shall be the exclusive object of the public property.

 (12) The assets created through voluntary work, not paid, of the members of Community associations, as well as the assets acquired from community associations funds, shall be subject to public property. These goods belong to local communities and are managed by local authorities.

(13) Public-owned assets shall be inalienable. In accordance with the provisions of the law, they can be put into service or management by self-managed public companies or public institutions, or may be leased or rented.

(14) The law 15/1990 on the reorganization of state economic units as self-managed public companies and trading companies is and remains fully abrogated, as well as all normative acts adopted during its application. The State shall be bound to recover entire capital transferred from the public to private property by applying the provisions of the hereby law.

(15) On purchasing land located outside city limits, shall have the right of preemption, in the following order: co-owners; neighbors natural persons who hold in property not more than 20 hectares of land located outside city limits; other owners of lands located outside city limits, who own not more than 20 hectares of land located outside city limits; other natural persons who hold in their property not more than 20 hectares of land located outside city limits; the Romanian State.

(16) Any lands bought by the Romanian state shall enter into the land in public ownership and managed by the state. Lands under public property located outside city limits may be leased or chartered only to neighbors natural persons who hold property of not more than 20 hectares of land located outside city limits and who undertake to exploit the land leased or chartered by their own forces, as well as to agricultural cooperatives which carry on their activities on the territory of the locality where the lands leased or chartered by the Romanian State are located, who undertakes to exploit the leased or chartered lands by their own forces.

(17) Agricultural lands that have not been paid taxes for three consecutive years, those which have been unexploited for three consecutive years, as well as those which have been subjected to chemical poisoning shall be expropriated and recorded in public property.

(18) Forest lands that have not been paid taxes for three consecutive years, as well as those illegally cleared shall be expropriated and recorded in public property."
 

 47. Article 45 shall be amended and includes the following:

 "(1) Citizens have the right to carry out any kind of economic activity, which is not prohibited by law, as natural persons or associated as legal entities, authorized, according to the law.

(2) No law or other normative document shall not condition the approval of conducting economic activities by obtaining the permits, of any kind, from the state or local executive authorities.

(3) Natural persons and legal entities shall not be required to pay taxes for the authorization of conducting economic activities in Romania.

(4) The authorization of conducting economic activities shall be the sole responsibility of the courts.

(5) The state and local executive authorities supervise the way the natural persons and legal entities comply with the obligations laid down by operating permits as economic operators and require the courts the law punishment of those who are guilty of breaching the law and the court decisions, including the cancellation of operating permits

(5) The Romanian State shall be bound, by the system of distribution and redistribution of national income, to ensure that all the country's citizens have the chance to become capital owners, to create and manage small, medium and large enterprises, aimed at making efficient the natural resources in the country and to produce goods and services of high quality and competitiveness."
 

48. Following article 46, a new article is inserted, 46.1., thus:

The article name shall be "Right to housing"

The article shall have the following content:

"(1) The Romanian state shall support its own citizens to acquire and to exercise their right of private property to a dwelling.

(2) The dwelling is made up of the construction in which the citizen, together with his/her family, has his/her permanent address, to which there are added the household annexes and the related land.

(3) The dwelling shall not be pledged and shall not be the subject of forced execution for the payment of the debts incurred by the owner.
 

49. Article 48 shall be amended, as follows:

Following the paragraph (1), one new paragraph shall be inserted, having the following content:

"(1.1) Marriage may be terminated only between man and woman, who are both at least 18 years old."
 

50. Article 49 shall be amended, as follows:

The name of the article shall be: "Protection of Minors"

Paragraphs (1) and (2) shall have the following content:

"(1) Minors shall enjoy a special protection and assistance regime in the pursuit of their rights.

(2) The State shall grant allowances for minors and aids for the care of the diseased or disabled minor. Other forms of social protection of minors shall be established by law."

Paragraph (4) shall have the following content:

"(4) Minors under the age of 15 may not be employed in employment relationships."
 

51. Article 50 shall be amended and includes the following:

 "People with disabilities shall enjoy special protection. The state shall provide the performance of a national policy of equality of opportunity and inclusion, prevention and treatment, so that the disabled people to effectively participate to the community life, while observing the rights and duties of their parents and legal tutors. The state shall take measures to ensure that it no abuses are committed on the determination of the quality of disabled person."
 

52. Article 51 shall be amended, as follows:

Paragraph (1) shall have the following content:

"(1) Citizens have the right to address to the public authorities by petitions. If the complaint is found to be accurate, it must take advantage for all the people in similar situation, regardless of whether they are or are not among those who have signed the petition.

To paragraph (4), one new point shall be inserted, having the following content:

"Failure to comply with this obligation entails the immediate dismissal from the public position of the guilty person, according to the law."
 

53. Article 52 shall be amended and completed, as follows:


Paragraph (2) shall have the following content:

"(2) The conditions and limits on this right exertion shall be regulated by law."

Paragraph (3) shall have the following content:

"(3) The state bears patrimonial liability, in full and non-discriminatory manner, for damages caused by judicial or administrative errors. The state responsibility is determined in accordance with the provisions of the law and shall not remove the responsibility of magistrates or officials who have committed the judicial and administrative errors.

Following the paragraph (3), one new paragraph shall be inserted, having the following content:

"3.1 The state shall be bound to proceed, forthwith, in regression to the authors of administrative or judicial errors causing damages."
 

54. Article 54 shall be amended, as follows:

Following the paragraph (1), three new paragraphs shall be inserted, having the following content:

"(1.1) Promoting the interests of certain natural persons or legal entities foreign conflicting with the interests of the Romanian citizens shall be forbidden.

(1.2) Anti-Romanian behavior is punishable, according to the law.

(1.3) The propaganda for the subordination of Romania constitutes offense against the Romanian people and shall be punished, according to the law."

Following the paragraph (2), one new paragraph shall be inserted, having the following content:

"(3) The infringement of the oath shall be punished by the rightful termination of the term of office or dismissal, as the case may be, according to the law."
 

55. Article 55 shall be amended and supplemented as follows:

Paragraph (1) shall have the following content:

"(1) Citizens have the right and obligation to defend Romania, against any form of aggression, including against economic and propaganda aggression."

Paragraph (2) shall have the following content:

"(2) The conditions for carrying out the military duties shall be established by law."

Paragraph (3) shall have the following content:

"(3) The citizens may be incorporated from the age of 20 and up to the age of 35, except for volunteers, in accordance with the provisions of the law."

Following the paragraph (3), three new paragraphs shall be inserted, having the following content:

"(4) The citizens aged between 20 and 35 are members of the popular militia, organized and trained in accordance with the law, to reject the military aggressions against the Romanian state and to remove the consequences of natural disasters.

(5) The military duties of Romanian citizens concern only Romania's defense and the defense of the countries with which Romania has signed mutual defense military treaties.

(6) The Romanian state must continue its tradition of non-aggressive state, to advocate that the principles of humanity, justice and equity, as agreed upon between its own citizens, to be also applied in the relations between the states."
 

56. Article 56 shall be amended, as follows:

Following paragraph (3), two new paragraphs shall be inserted, having the following content:

"(4) No person may be liable to pay the tax on income before income tax is carried out.

(5) The laws and resolutions by which new taxes or levies are established, as well as those which modify, supplement or cancel laws and decisions relating to the taxes or levies shall be adopted by referendum."
 

57. Article 58 shall be amended and supplemented as follows:

The name of the article shall be: "Role and choice"

The article shall have the following content:

(1) The Ombudsman defends the rights and freedoms of the natural persons in their relations with public servants.

(2) The provisions of Articles 62.1, 81, paragraph (1), and paragraphs (2) to (4), 82, 83, 84, 95, 96, 96.1 and 97 shall also apply, as appropriate, to the Ombudsman.

(3) Organization and operation of Ombudsman institution shall be established by law."
 

58. Article 59 shall be amended, as follows:

Following paragraph (2), two new paragraphs shall be inserted, having the following content:

"(3) The Ombudsman shall transmit the complaints received from citizens, as well as own findings concerning the infringement of the citizens' rights and freedoms, on the abuses of public servants, to the competent bodies of Prosecution, requesting them to send to court and to punish those who are guilty of infringement of the citizens' rights and freedoms.

(3) The lack of reaction of the Prosecution's bodies on the complaints of the Ombudsman shall be punished, according to the law."
 

59. Article 60 shall be amended and includes  the following:

The name of the article shall be: "Annual Report"

The article shall have the following content:

"Ombudsman shall submit to the Parliament, the President of Romania and to the President of Judicial Authority the annual report containing its findings relating to the infringement of the citizens' rights and freedoms, to the manner in which the Prosecution's bodies have resolved the complaints submitted by it, relating to the abuses of the public servants against citizens, as well as its recommendations on legislation, or measures of any other nature, for the defense of the citizens' rights and freedoms. The annual report shall also include the analysis of the way those elected for public positions have complied with the terms of the election contract. The report shall be published annually, not later than March 31 of the year following the year to which it relates, on the site dedicated to the Ombudsman and in the Official Journal of Romania."
 

60. The name of Title III shall be amended as follows:

The name shall be: "State authorities"

 

61. The name of Chapter I of Title III shall be amended as follows:

The name shall be: "Legislative authority"
 

62. Article 61 shall be amended and includes the following:

"(1) The Parliament shall exercise legislative power in the Romanian state, within the limits set by the Constitution.

(2) The Parliament cannot adopt laws, decisions or resolutions that are contrary to the result of a valid national referendum.

(3) The people may approve laws, by national referendum, in any field, including laws under which to amend, supplement, or cancel laws adopted by the Parliament.

(4) The Parliament consists of a single Chamber, named Chamber of Representatives."
 

63. Article 62 shall be amended and includes the following:

The name of the article shall be: "Election of the members of Parliament"

The article shall have the following content:

"(1) The members of the Parliament are named members of Parliament and shall be elected by universal, equal, direct, secret and free suffrage, on the basis of poll vote, according to the principle of proportional representation, and on the basis of independent candidacies, in accordance with the law."

(2) The number of the members of Parliament shall be up to 300 people."
 

64. Following article 62, a new article is inserted, 62.1., thus:

The name of the article shall be "Candidacies for the election of the members of Parliament"

The article shall have the following content:

"(1) Nominees for the position of member of Parliament shall meet the following requirements:

a) have upper training;

b) are known as good professionals and citizens of perfect morality;

c) are known as active fighters for the protection of the rights and freedoms of the Romanian citizens;

d) to present the Legislative Program for electors, for which they undertake to act as member of Romania in the European Parliament, if elected.

(2) The Legislative Program shall constitute the nominee's election contract. It shall be signed by the nominee for the position of member of Parliament, shall be printed and made available to the electors of the college where he/she runs, throughout the election campaign. A copy of this document shall be submitted to the Electoral Authority, the Moral Authority and the Ombudsman, at least 30 days prior to the commencement of the election campaign."
 

65. Article 63 shall be amended, as follows:

Paragraphs (1) - (4) shall have the following content:

"(1) The Chamber of Representatives shall be elected for a term of four years, which is to be extended as of right on mobilization, war, siege or emergency case, up to their termination.

 (2) Elections to the Chamber of Representatives shall be conducted on the first Sunday of the month of October of the year in which the Chamber term of office expires, or also on a Sunday, no later than 45 days from the date of the Chamber dissolution.

(3) The newly elected Chamber of Representatives shall meet upon convening by the President of Romania, not later than 20 days after the elections.

(4) The term of office of the Chamber of Representatives shall be prolonged until the legal assembly of the new Chamber of Representatives. During this period the Constitution shall not be reviewed and organic laws shall not be adopted, amended or abrogated."
 

66. Article 64 shall be amended and includes the following:

 "(1) The organization and operation of the Chamber of Representatives shall be established by law." Financial resources of the Chamber shall be provided in the state budget.

(2) The Chamber of Representatives shall choose its Standing Bureau. The President of the Chamber of Representatives shall be elected for the period of the term of office of the Chamber. The other members of the standing bureau shall be elected at the beginning of each session. The members of the standing bureau may be dismissed before the expiration of the term of office.

(3) The members of Parliament may be organized into parliamentary groups, according to the standing orders on the organization and operation of the Chamber of Representatives.

(4) The Chamber of Representatives shall set up Standing Committees and may institute inquiry or other special committees. Within the structure of each board of the Chamber of Representatives shall also be included a representative of the National Union of Community Associations.

(5) The standing bureau and parliamentary committees shall be structured according to the political configuration of the Chamber of Representatives."
 

67. Article 65 is abrogated.
 

68. Article 66 shall be amended and includes the following:

 "(1) The Chamber of Representatives shall have two ordinary sessions every year. First session begins on January 15 and ends on July 31. The second session begins on September 1 and ends on December 15.

(2) The Chamber of Representatives shall also have extraordinary sessions, upon the request of the President of Romania, of the standing bureau of the Chamber of Representatives or of at least one-third of the number of members of Parliament.

3) In the event of mobilization or of war, as well as in the event of imposing the state of siege or emergency, the Chamber of Representatives shall continue to carry on their activities for the entire duration of these events, and if it not in session, it shall be convened as of right within 24 hours from their declaration.

4) The convocation of the Chamber of Representatives shall be appointed by the President thereof."
 

69. Article 67 shall be amended and includes the following:

"The Chamber of Representatives shall bring into force the laws, decisions and resolutions, in the presence of the majority of the members."
 

70. Article 68 shall be amended and includes the following:

"(1) The meetings of the Chamber of Representatives shall be public.

(2) The votes of the members of Parliament, for each law, or decision, adopted by the Chamber of Representatives, shall be in plain site, acknowledged by signature, and are presented on the website dedicated to the Chamber of Representatives and in the Official Journal of Romania."
 

71. The name of Section 2 shall be amended as follows:

The name of Section 2 shall be: "The status of members of Parliament"
 

72. Article 69 shall be amended and includes the following:

"(1) On exerting their term of office, the members of Parliament shall be in the service of the people.

 (2) The members shall be bound to act and vote in accordance with the commitments made during the election campaign, in which they were elected. The member of Parliament breaching his/her commitments made during the election campaign can be dismissed, by referendum, in accordance with the Constitution and the law."
 

73. Article 70 shall be amended and includes the following:

The name of the article shall be: "Term of office of the members of Parliament"

The article shall have the following content:

"(1) The members of Parliament shall enter on the exercise of their term of office at the time of the legal assembly of the Chamber of Representatives, provided that their election is validated and the oath has been taken. The oath shall be established by law.

(2) The quality of member of Parliament ceases:

a) on the date of the legal meeting of the newly elected Chamber;

b) in the event of resignation, or recalling;

b) in the case of permanent inability to exert his/her duties;

c) in case of death."
 

74. Article 71 shall be amended and supplemented as follows:

Paragraph (1) shall have the following content:

"(1) No one may be, at the same time, a member of the Chamber of Representatives and member of the European Parliament."

Paragraph (2) shall have the following content:

"(2) The quality of member of Parliament is incompatible with the exertion of any other public or private position.

Following the paragraph (2), two new paragraphs shall be inserted, having the following content:

(2.1) The members of Parliament may not intervene in the domestic affairs of other authorities and institutions of the state or with other legal entities' business, governed by public or private law.

(2.2) The member of Parliament sentenced for traffic of influence or other acts of corruption loses the term of office and is punished by life imprisonment and property confiscation."

Paragraph (3) is abrogated.
 

75. Article 72 shall be amended and includes the following:

The name of the article shall be: "Responsibility of the members of Parliament"

The article shall have the following content:

 "(1) The members of Parliament shall be legally, individually responsible for the breach of the election contract, if the votes or political opinions expressed during the exertion of their term of office are contrary to the obligations undertaken by the election contract.

(2) The members of Parliament shall be legally, individually responsible, according to the law, for damages caused to the Romanian people by the laws for which they voted, despite the fact that those laws have not been part of the Legislative Program approved by the people.

(3) The responsibility of the members of Parliament for the acts referred to in paragraphs (1) and (2) is not subject to time-barring.

(3) The member of Parliament who has breached the criminal law shall be prosecuted, searched, detained, arrested and sent to court, according to the law.  The prosecution and criminal proceedings before the court shall be made by the Prosecutor's Office attached to the High Court of Cassation and Justice. The case shall be within the competence of the High Court of Cassation and Justice."
 

76. Following article 72, a new article is inserted, 72.1., thus:

The name of the article shall be: "Dismissing the members of Parliament"

The article shall have the following content:

 "(1) Any member of Parliament can be dismissed from office, by referendum, organized in the college where he/she was elected, with a number of votes greater than that for which he/she was elected, at the request of a number of voters, from the college where he/she was elected, equal to at least 25 % of the number of votes with which he/she has been elected.

(2) The member of Parliament shall be dismissed, by the rule of law, from his office in the following cases:

(A) where it is found, after the validation of the term of office, by means of a definitive decision of a court, that the election was made through election fraud or by any other infringement of the law;
(b) he/she has been convicted, by means of a definitive decision of a court to a penalty involving deprivation of liberty or loss of electoral rights;
(c) in case of incompatibility;

d) when he/she resigned from the party or from the political faction on behalf of which he/she has been elected or when he/she joined another political party or other political faction;

e) has been absent, without leave, from 8 meetings of the standing committee of the Chamber of Representatives he/she is part of or from 4 meetings of the Chamber of Representatives' plenary session."

77. Article 73 shall be amended, as follows:

Paragraph (1) shall have the following content:

"(1) The Chamber of representatives shall bring into force constitutional laws, organic laws and ordinary laws."

Letter a) of paragraph (3) shall have the following content:

"a) the electoral system; organization and operation of the Judicial Authority, Mass-Media Authority, Financial Authority, Electoral Authority, Statistical Authority, Moral Authority, Scientific Authority, Constitutional Court, the Court of Auditors, the Ombudsman, National Security Council, Legislative Council, Romanian Intelligence Service."

Letter c) of paragraph (3) shall have the following content:

"c) the status of members of Parliament, the determination of compensation and the other rights thereof."

Letter e) of paragraph (3) shall have the following content:

e) the organization of the government;

Letter l) of paragraph (3) is hereby abrogated.

Letter r) of paragraph (3) shall have the following content:

"r) the status of ethnicities in Romania;"
 

78. Article 74 shall be amended and includes the following:

"(1) The legislative initiative belongs to, as appropriate, the President of Romania, the Ombudsman, the member of Parliament or to a number of at least 100,000 citizens with the right to vote.

(2) The right to legislative initiative shall also be granted to the President of Judicial Authority, President of the Mass-Media Authority, President of the Financial Authority, President of Electoral Authority, President of the Statistical Authority, President of Moral Authority, President of Scientific Authority, President of the Constitutional Court, the President of the Court of Auditors, the President of the Legislative Council, the head of the Romanian Intelligence Service."

(3) Holders of the right of legislative initiative shall submit their legislative proposals to the Chamber of Representatives.

(4) The legislative proposals shall be discussed and voted in plenary session, in two different sessions, at least 30 days apart. The debates and the vote shall take place on articles during the first debate and on articles and as a whole in the second debate. Exceptionally, the Chamber of Representatives may approve, by a majority of the votes of the present members, the decrease of the 30-day period.

(5) If the Parliament shall reject the legislative proposal initiated by the President of Romania, the Ombudsman or by the citizens, the Electoral Authority shall organize referendum, within 45 days from the date of rejection of the project by the Parliament, for the approval of the draft law rejected by the Parliament.

(6) If the people approve the draft law rejected by the Parliament, the Parliament is dissolved and early parliamentary polls shall be organized."
 

79. Article 75 is abrogated.
 

80. Article 76 shall be amended and includes the following:

"(1) Organic laws and the decision on the regulation of organization and operation of the Chamber of Representatives shall be adopted by the vote of two-thirds of the members of the Chamber.

(2) Ordinary laws and decisions shall be passed by the majority vote of the Chamber members.

(3) Upon the request of the President of Romania or on its own initiative, the Chamber of Representatives may pass draft laws or legislative proposals as emergency procedure, established according to the law."

 

81. Article 77 shall be amended, as follows:

Paragraph (2) shall have the following content:

"(2) Prior to promulgation, the President may request the Chamber of Representatives, just one time, the reconsideration of the law.”
 

82. Article 78 shall be amended and includes the following:

"(1) The laws shall be published on the site dedicated to the Chamber of Representatives and in the Official Journal of Romania and shall enter into force 3 days from the date of publication or at a later date provided in its text.

(2) Access to electronic version of Official Journal of Romania is free of charge and cannot be restricted."
 

83. Article 79 shall be amended and includes the following:

"(1) The Legislative Council shall be an autonomous public institution, that approves the draft normative acts for the purpose of a systematic, unification and coordination system of the whole legislation. The approvals of the Legislative Council refer to the observance of the principles of legislative systematization, unification and coordination laid down by law.

(2) The Legislative Council shall cooperate with the initiators of draft normative acts to complete drafting these acts, in such a way that they comply with the principles of legislative systematization, unification and coordination.

(3) The Legislative Council shall keep the official record of the Romanian legislation.

(4) The Legislative Council shall be headed by a Chairman elected by the people.

(5) The provisions of Articles 62.1, 81, paragraph (1), and paragraphs (2) to (4), 82, 83, 84, 95, 96, 96.1 and 97 shall also apply, as appropriate, to the Chairman of the Legislative Council.

(6) If the position of Chairman of the Legislative Council becomes vacant or if the Chairman of the Legislative Council is suspended from office or if he/she is temporarily incapable to exercise his/her powers, the interim shall be provided by a member of Parliament appointed by the Chamber of Representatives, by the majority vote of its members.

(7) Organization and operation of the Legislative Council shall be established by law."
 

84. The name of Chapter II of Title III shall be amended as follows:

The name shall be: "Executive Authority"
 

85. In Chapter II of Title III, Section 1 shall be inserted, with the name "President of Romania"


86. Article 80 shall be amended and includes the following:

"(1) The President of Romania shall lead the Executive Authority of the Romanian state, within the limits set by the Constitution.

(2) The President of Romania shall represent the people and the Romanian state and is the safeguard of democracy, sovereignty and national independence, unity and territorial integrity of the country.

(3) The President of Romania shall be responsible to the people for the proper operation of the government and of all public institutions which are part of the Executive Authority of the state.

(4) The President of Romania shall guard the observance of the Constitution and the proper functioning of all state authorities. For this purpose, the President shall act as a mediator between the state authorities, as well as between the state and the people."
 

87. Article 81 shall be amended, as follows:

Following the paragraph (1), four new paragraphs shall be inserted, having the following content:

"(1.1) The nominees for the position of President of Romania shall meet the following requirements:

a) to provide electors with documents certifying the last and first name of their parents and grandparents, as well as his/her statutory declaration from which to result whether he/she has knowledge of the positions held in the Romanian state, or in another state, by his/her parents and grandparents.

b) to have upper training;

c) he/she must have come to the fore as good professionals and as citizen of perfect morality;

d) he/she must have came to the fore as active fighter for the protection of the rights and freedoms of the Romanian citizens;

e) to present to the electorate his/her professional, political and civic activity, carried out up to the date of filing the candidacy for the position of President of Romania;

f) to present to the electorate the Legislative Program, for which he/she undertakes to act, as the President of Romania, if elected.

g) to present to the electorate the National Program for the Development of Romania over the next 4 years, for which performance he/she undertakes to act, as the President of Romania, if elected;

h) to present to the electorate the Government structure and the list of members of the Government, as well as the list of nominees for the positions of prefect, with whom he/she undertakes to achieve the Legislative Program and the National Program for the Development of Romania.

(1.2) The National Program for the Development of Romania, assumed by the nominee to the position of President of Romania, shall mandatory include the annual dynamics of the following economic and social indicators:

a) Gross Domestic Product;

b) The amount and structure of incomes and expenditures of the national public budget;

c) The value of productive investments;

d) The number of work places;

e) The consumer price index;

f) Minimum wages and average wages in the economy;

g) The average pension paid by the National Fund of Public Pensions;

h) The number of country's inhabitants;

i) The birth rate index;

j) The external debt;

k) The public debt.

(1.3) the documents referred to in paragraph (1.1), letters (f) and (g), shall constitute the election contract of the nominee. They shall be signed by the nominee to the position of President of Romania, shall be printed and made available to electors, throughout the election campaign. A copy of this document shall be submitted to the Electoral Authority, the Moral Authority, Statistical Authority, Scientific Authority and the Ombudsman, at least 30 days prior to the commencement of the election campaign.

(1.4) The elections for the position of President of Romania shall be conducted on the first Sunday of the month of October of the year in which the term of office of the President expires, or also on a Sunday, no later than 60 days from the date of the occurrence of the President position vacancy."
 

88. Article 82 shall be amended, as follows:

Paragraph (2) shall have the following content:

"(2) The nominee whose election has been validated shall take, in front of the Chamber of Representatives, the following oath:

I swear to devote all my strength and skill for the spiritual and material welfare of the Romanian people, to observe the Constitution and laws of the country, to defend the citizens' democracy, rights and freedoms, sovereignty, independence, unity and territorial integrity of Romania. So help me God!"
 

89. Article 83 shall be amended, as follows:

Paragraph (1) shall have the following content:

"(1) The term of office of the President of Romania shall be 4 years, and he/she shall exercise his term of office starting with the day of taking the oath.

Paragraph (3) shall have the following content:

"(3) The term of office of the President of Romania may be extended, by law, in the event of war or disaster. "
 

90. Article 84 shall be amended, as follows:

Paragraph (2) shall have the following content:

"(2) During the term of office exertion, the President of Romania shall enjoy immunity."
 

91. Article 85 shall be amended, as follows:

The name of the article shall be: "Duties of the President of Romania"

The article shall have the following content:

"(1) The President of Romania shall carry out the following duties:

a) to appoint and dismiss the prime minister and the members of the Government of Romania;

b) to preside the meetings of the Government debating upon matters of national interest with regard to foreign policy, defense of the country, providing of public order, and at the request of the former, in other situations;

c) to sign international treaties in the name of Romania, negotiated by the Government, and then to submit them to people for ratification;

d) to accredit and recall the diplomatic representatives of Romania, and to approve the setting up, closing down or change of the rank of diplomatic missions;

e) to accredit the diplomatic representatives of other states in Romania;

f) is the commander of the armed forces and fulfills the position of president of the National Security Council;

g) shall declare partial or total mobilization of the armed forces, which he/she shall submit to the Chamber of Representatives, no later than 24 hours after the declaration;

h) in the event of an armed aggression against the country, the President of Romania shall take measures to repel the aggression and he/she shall promptly bring them to the Chamber of Representatives, which, if not in session, shall be convened as of right within 24 hours from the outbreak of the aggression;

i) shall set up, according to the law, the state of siege or emergency in the whole country or in some territorial-administrative units and require the Chamber of Representatives the approval of the measure thus adopted, within up to 5 days from adoption thereof;

j) to address to people by messages on the main political issues of the nation;

k) to dissolve the Chamber of Representatives, in the event that this refuses to approve or reject, within 60 days from the initiation, a draft law proposed by the President of Romania, by the Ombudsman, or the citizens;

l) to confer decorations and titles of honor, established according to the law;

m) to grant the marshal, general and admiral ranks, in accordance with the conditions laid down by law;

n) to make appointments to public offices, in accordance with the conditions laid down by law;

o) to grant the individual amnesty, provided that the act of clemency to be thoroughly justified and with the necessary responsibility, according to the law.
 

92. Article 86 is abrogated.

93. Article 87 is abrogated.

94. Article 88 is abrogated.

95. Article 89 is abrogated.

96. Article 90 is abrogated.

97. Article 91 is abrogated.

98. Article 92 is abrogated.

99. Article 93 is abrogated.

100. Article 94 is abrogated.

 

101. Article 95 shall be amended and includes the following:

"(1) In case of having committed acts infringing upon Constitutional provisions, the President of Romania shall be suspended from office by the Chamber of Representatives, by the majority vote of its members.

(2) The proposal of suspension from office may be initiated by at least one-third of the number of the members of Parliament and the President shall be notified without delay. During the period of suspension, the immunity provided by article 84 paragraph (2) shall also be suspended.

(3) If the proposal of suspension from office has been approved, within at least 30 days there shall be organized a referendum for the President dismissal.

(4) If the people, by referendum, reject the proposal for the President's dismissal, the Chamber of Representatives shall be dissolved and early parliamentary and presidential elections shall be conducted, within 45 days from the date of validation of the referendum result."
 

102. Article 96 shall be amended, as follows:

Paragraphs (1) and (2) shall have the following content:

"(1) The Chamber of Representatives, by the vote of at least two-thirds of its members' number, may decide the incrimination of the President of Romania for high treason.

(2) The incrimination proposal shall be initiated by the majority of the members of Parliament and the President of Romania shall be notified, without delay, so that he/she could give explanations on the imputations brought against him/her."

Paragraph (4) shall have the following content:

"(4) The case shall be within the competence of the High Court of Cassation and Justice."

Following the paragraph (4), three new paragraphs shall be inserted, having the following content:

(5) If the High Court of Cassation and Justice shall reject the decision of incrimination of the President of Romania, the Chamber of Representatives shall be dissolved and early parliamentary and presidential elections shall be conducted, within up to 45 days from the date of the final decision of the High Court of Cassation and Justice.

(6) If the High Court of Cassation and Justice shall decide the sentence for treason of the President of Romania, within maximum 30 days there shall be conducted a referendum to dismiss the President from office.

(7) If the people, by referendum, reject the proposal of President's dismissal, the Chamber of Representatives shall be dissolved and early parliamentary and presidential elections shall be conducted, within 45 days from the date of validation of the referendum result, and the judges of the High Court of Cassation and Justice who have voted for the conviction of the President of Romania shall be dismissed from office."
 

103. Following article 96, a new article is inserted, 96.1., thus:

The name of the article shall be: "President's dismissal"

The article shall have the following content:

"The President of Romania shall be dismissed from office, by referendum, with a number of votes greater than that for which he was elected, at the request of at least 250,000 citizens having the right to vote."
 

104. Article 97 shall be amended, as follows:

Paragraph (2) shall have the following content:

"(2) Within 60 days from the date on which the Presidency of Romania fell vacant, the Electoral Authority shall organize elections for the position of President."
 

105. Article 98 shall be amended and includes the following:

"(1) If the position of President of Romania shall become vacant or if the President of Romania shall be suspended from office or if he/she is temporarily incapable of fulfilling his/her duties, the interim shall be carried out by the chairman of the Chamber of Representatives.

(2) The duties referred to by Article 2.1, paragraph (3), Article 74, paragraph (1), and Article 85 letters a), j) and k) may not be exerted during the interim of the presidential position."
 

106. Article 99 shall be amended and includes the following:

"If the person providing the interim for the President of Romania position has committed acts by which he/she breaches the Constitutional provisions, Article 94 and Article 98 shall apply, the interim being provided by a member of parliament, appointed by the Chamber of Representatives."
 

107. Paragraph (2) of Article 100 shall be abrogated.
 

108. Article 101 shall be amended, as follows:

The name of the article shall be: "Salary and the other rights"

The article shall have the following content:

"(1) The salary and the other rights of the President of Romania shall be established by law.

 (2) The salary of the President of Romania shall be no more than 50 times higher than minimum gross salary per economy.

(3) No other public servant shall have a salary higher than that of the President of Romania."
 

109. Chapter III of Title III becomes Section 2 in Chapter II of Title III
 

110. Article 102 shall be amended, as follows:

Paragraph (1) shall have the following content:

"(2) The Government shall conduct the domestic and foreign policy of the country, and shall exercise the general management of public administration, in accordance with the term of office entrusted to the President of Romania."

Paragraph (3) shall have the following content:

"(3) The Government consists of the prime minister, ministers and other members as established by law.”
 

111. Article 103 shall be amended as follows:

The name of the article shall be "Appointment of members of the Government"

The article shall have the following content:

"(1) The members of the Government shall be appointed in the office, by the President of Romania, on the grounds of merit, professional competence and morality.

"(2) The nominees for the position of member of Government shall meet the following requirements:

a) to provide electors with documents certifying the last and first name of their parents and grandparents, as well as his/her statutory declaration from which to result whether he/she has knowledge of the positions and titles held within the Romanian state, or within another state, by his/her parents and grandparents.

b) to have upper training;

c) he/she is known as good professionals and as citizen of perfect morality;

d) he/she is known as active fighter for the protection of the rights and freedoms of the Romanian citizens;

e) to present to the electorate his/her professional, political and civic activity, carried out up to the date of filing the candidacy for the position of member of Government;

f) to present to the electorate a statement by which they undertake to act so that to achieve the performance of the Legislative Program and of the National Program for the Development of Romania, undertaken by the nominee to the position of President of Romania and the Government they are going to be part of.
 

112. Article 105 shall be amended and includes the following:

 "The duties of a member of the Government shall be incompatible with the exercise of any other public or private function."
 

113. Article 107 shall be amended and it shall have the following content:

“(1) The Prime Minister shall direct Government actions and co-ordinate activities of its members, under observance of the powers and duties incumbent on them.

(2) The Prime Minister shall submit to the President of Romania reports on the activity of the government, according to the calendar set by the President.

(3) If the Prime Minister finds himself in one of the situations referred to in Article 106, or in case of his inability to exercise his powers, the President of Romania shall designate another member of the Government as interim prime - minister, in order to fulfill the duties of a Prime Minister until the formation of the new government. During the period of inability to exercise powers, the interim shall cease if the Prime Minister resumes his activity in the government.

(4) The provisions of paragraph (3) shall apply accordingly to the other members of the government as well, for a period of not more than 45 days."
 

114. Article 108 shall be amended and it shall have the following content:

“(1) The Government shall adopt decisions to organize the enforcement of laws and the National Development Program of Romania, which was approved by the people. The Government decisions cannot add to the law or modify its spirit.

(2) The decisions adopted by the Government shall be signed by the prime minister, countersigned by the Ministers who are bound to act to carry them into execution, shall be approved by the President of Romania and shall be published in the Official Journal of Romania. The failure to publish causes the non existence of the decision. The decisions of a military character shall be conveyed only to the concerned institutions."
 

115. Article 109 shall be amended and it shall have the following content:

"(1) The Government is politically responsible only before the President of Romania for its entire activity. Each member of the Government is politically and jointly answerable with the others for the activity and acts of the government.

(2) The criminal liability of Government members shall be established by law. The institution of proceedings against a member of the Government entails suspension from office. The case shall be within the competence of the High Court of Cassation and Justice.

(3) Members of the Government may not interfere in the affairs of other authorities and institutions of the state and may not interfere in other legal persons' affairs, of public or private law.

(4) Members of the government convicted of traffic of influence or other acts of corruption shall be punished with imprisonment for life and wealth confiscation."
 

116. Article 110 shall be amended and it shall have the following content:

"(1) The Government shall exercise its office until the date of presidential elections validation.

(2) The Government shall be dismissed if the Prime Minister finds himself in one of the situations referred to in Article 106, or in case of his inability to exercise his powers for more than 45 days.

(3) The Government whose term of office ceased in accordance with paragraphs (1) and (2) shall continue to fulfill only the acts required for the administration of public affairs, until the members of the new government take their oath.
 

117. Chapter IV of Title III becomes Section 3 in Chapter II of Title III

The name of Section 3 shall be: "The relations between the Legislative authority and Executive authority"
 

118. Article 111 shall be amended, as follows:

Paragraph (1) shall have the following content:

"(1) The Government shall be bound to present any information and documents requested by the Chamber of Representatives or parliamentary committees, through their respective presidents. In case a legislative initiative involves the amendment of state budget provisions, the request for information shall be compulsory."
 

119. Article 112 shall be amended and it shall have the following content:

"(1) The Government and each of its members are bound to answer to questions or interpellations raised by parliamentary members, under the conditions laid down in the Regulation on the organization and functioning of the Chamber of Representatives.

(2) The Chamber of representatives can adopt a simple motion which expresses its position with regards to a problem of internal or external policy or, as the case may be, in relation to a problem which was the subject of an interpellation."
 

120. Article 113 is abrogated.

121. Article 114 is abrogated.

 

122. Article 115 shall be amended, as follows:

Paragraph (1) shall have the following content:

"(1) The Chamber of Representatives may pass a special law enabling the President to issue emergency ordinances in areas outside the scope of organic laws."

Paragraph (4) shall have the following content:

"(4) The President of Romania may adopt emergency ordinances only in extraordinary situations, whose regulation may not be delayed, having the obligation to justify the emergency within their contents."

Paragraph (5) shall have the following content:

"(5) The emergency ordinance shall come into force only after its submission for debating in the emergency procedure to the Chamber of Representatives and after its publication in the Official Gazette of Romania. The House of Representatives, if not in session, shall be mandatorily summoned within 5 days after the submission date."
 

123. Chapter V of Title III becomes Section 4 in Chapter II of Title III

The name of Section 4 shall be "Central Public Administration"

The new section replaces former Section 1 of former Chapter V of Title III.
 

124. Article 116 shall be amended, as follows:

Paragraph (2) shall have the following content:

"(2) Other specialized bodies may be organized in subordination to the Government or Ministries, according to the law."
 

125. Article 117 shall be amended and supplemented as follows:

After paragraph (1), seven new paragraphs shall be inserted, having the following content:

"(1.1) Ministries shall be organized on the following areas of activity:

a) education;

b) health;

c) culture;

d) labor and social protection;

e) economy;

f) public finance;

g) agriculture;

h) regional development;

i) environment;

j) transport and communications;

k) national defense;

l) internal affairs;

m) foreign affairs.

(1.2) For the performance of their duties, the ministers issue orders which shall be published on the web sites of ministries and in the Official Gazette of Romania.

(1.3) A Technical-Scientific Council works within each ministry, as advisory body of the minister in charge.

(1.4) The Technical-Scientific Council is composed of 7 experts in the ministry's field of activity, of which 3 are proposed by professional organizations in the ministry's field of activity, and 4 shall be proposed by the National Union of Community Associations, all being certified for the position by the President of Romania.

(1.5) The candidates for the position of Technical-Scientific Council member are highly qualified technical specialists, public personalities, who are noted as authors and promoters of projects designed to improve the activity from the field coordinated by the ministry.

(1.6) The mandate of the Technical-Scientific Council members is 6 years and may be renewed only once, by a decision of the President of Romania.

(1.7) the Technical-Scientific Council endorses all minister's orders. The Technical-Scientific Council notices shall be published on the ministry site and in the Official Journal of Romania."

Paragraph (3) is abrogated.
 

126. After article 117, a new article is inserted, as follows:

The name of the article shall be: "The Personnel"

The article shall have the following content:

"Article 117.1

(1) The staff from the authorities of the state and of the public institutions under the authority thereof is employed by competition, or exam, on the grounds of merit and of professional competence, according to the law.

(2) Under criminal and administrative penalty, the appointment, promotion, or the sanctioning of employed staff of the state authorities and of subordinated public institutions, based on political criteria or with political support, is forbidden."
 

127. Article 118 shall be amended, as follows:

Paragraphs (1) and (2) shall have the following content:

"(1) The Army shall be exclusively subordinated to the will of the people in order to guarantee the sovereignty, independence and unity of the state, the country's territorial integrity and constitutional democracy. The participation of the Romanian army to military operations carried out outside its national territory or of the boundaries of countries with which Romania has signed common defense military treaties is forbidden, unless these military operations are aimed at freeing territories temporarily occupied by external aggressors and neutralizing the military capabilities of the aggressors.

(2) The structure of the national defense system, the preparation of the population, the national economy and territory for defense, as well as the status of the military shall be regulated by law."
 

128. Following article 118, a new article is inserted, 118.1., thus:

The name of the article shall be: "National Security"

The content of the article shall be:

"Article 118.1

(1) Romania's national security refers to the condition of legality, of balance and social, economic and political stability necessary for the existence and development of the Romanian people and its national, sovereign, independent, unitary and indivisible state, as well as the climate of free exercitation of fundamental rights, freedoms and duties of the citizens, according to democratic principles and rules laid down by the Constitution.

(2) Under the conditions of contemporary socio-economic and political realities, the main threats to national security are:

a) physical, intellectual, moral and biological decay of the population, generated the aggressions of mafia-like structures which may usurp state institutions and may be used for robbing, manipulating and humiliating citizens and their state;

b) economic subordination of the country, its conversion into neo-colony, the source of raw materials and cheap labor, a market outlet for foreign products of low utility;

c) combining the two phenomena, defined in letters a) and b).

(3) The measures taken to defend national security cannot justify infringements of the rights and freedoms of citizens that do not breach national laws. It shall be prohibited to fire or carry out other physical molestation or intimidating actions on peaceful protesters.

(4) The Romanian Intelligence Service is the only public institution with legal personality, specialized in the field of internal and external information regarding Romania's national security, part of the national defense system.

(5) The Romanian Intelligence Service organizes and performs tasks for the collection, verification and capitalization of information necessary for the knowledge, prevention and counter-attack of any actions which constitute, in accordance with the Constitution and the law, threats to national security.

(6) The Romanian Intelligence Service shall be bound to promptly place at the disposal of the National Security Council members, all the information in its possession, relating to actions which, in accordance with the Constitution and the law, constitute threats to national security.

(7) In the event that the National Security Council does not take the appropriate measures to fight threats to national security as reported by the Romanian Intelligence Service and, as a result, the Romanian state or its citizens are themselves injured, the Romanian Intelligence Service is bound to inform the people about this. The failure to comply with this obligation is punishable, according to the law.

(8) The Romanian Intelligence Service shall be bound to make available to the public all the information in its possession relating to the former communist secret police and to the sale to the Romanian state of real and financial assets acquired abusively through law 15/1990.

(9) The Romanian Intelligence Service may not carry out activities other than those specified by the Constitution, and may not intervene in the domestic affairs of other state authorities and institutions and may not interfere in other legal persons' affairs, of public or private law. It shall be prohibited to use information obtained by the Romanian Intelligence Service for purposes other than those provided for by the Constitution.

(10) The Romanian Information Service shall be headed by a director, elected by the people.

(11) The provisions of Articles 62.1, 81, paragraph (1), and paragraphs (2) to (4), 82, 83, 84, 95, 96, 96.1 and 97 shall also apply, as appropriate, for the head of the Romanian Intelligence Service.

(12) The Head of the Romanian Intelligence Service assigns personnel for the Service, employed by competition or exam, according to the law.

(13) If the function of the Romanian Intelligence Service head becomes vacant or if the Romanian Intelligence Service head is suspended from office or if he is temporarily incapable of exercising his powers, the interim shall ensure a member of parliament appointed by the Chamber of Representatives, by a majority vote of its members.

(14) The organization and functioning of the Romanian Intelligence Service shall be established by law.

(15) The activity of the Romanian Intelligence Service is controlled by the National Security Council and the National Assembly, according to the law"
 

129. Article 119 shall be amended, as follows:

The name of the article will be "National Security Council"

The article shall have the following content:

(1) The National Security Council is a decision-making body of the Romanian authorities, which unitarily organizes and co-ordinates activities concerning the country's defense and national security, participation in maintaining international security and the collective defense in the military alliance systems, as well as to actions for maintaining or restoring peace.

(2) The National Security Council issues decisions that are binding for the public administration authorities and public institutions. The decisions of the National Security Council shall be taken by a majority of votes of two-thirds of the Council members. Ministers or other civil servants who are responsible for the problems brought to the attention of the council shall participate to the National Security Council meetings, without having the right to vote.

(3) The National Security Council consists of: The President of Romania, the Chamber of Representatives President, the Judicial Authority President, the Media Authority President, the Financial Authority President, the Electoral Authority President, the President of the Authority electoral Statistical moral, the Statistics Authority President, the Moral Authority President, the Scientific Authority President, the Court of Accounts President, the Constitutional Court President, the Ombudsman, the Romanian Intelligence Service Head.

(4) The organization and functioning of the National Security Council shall be established by law.


130. Following article 119, a new article is inserted, 119.1., thus:

The name of the article shall be "The Prefect"

The article shall have the following content:

 "(1) The President of Romania shall appoint a Prefect in each county and in the city of Bucharest, in accordance with the provisions of the law.

(2) The candidates for the office of prefect must have upper training, high professional competence, be known as being familiar with economic and social realities of the county for which he candidates, as well as promoters of projects for the improvement of these realities and must have their domicile in the counties for which he candidates, of at least 10 years.

(3) The position of prefect is incompatible with any other public or private office.

(4) The mandate prefect is of 4 years and may be renewed only once.

(5) The Prefect is the representative of the President of Romania at local level and shall direct de-concentrated public services of the ministries and other central public administration bodies in the territorial-administrative units.

(6) The powers of the prefect shall be established by law.

(7) Between prefect, on the one hand, local councils, city councils, county councils and governor of township counties, on the other hand, there is no relationship of subordination.

(8) The Prefect may challenge, in the administrative court, an act of the county or local council, of the governor of town or of the mayor, in case he deems it unlawful. The attacked act may be suspended only by the competent authority, in accordance with the law."
 

131. Section 2 of Chapter V of Title III becomes Title III. 1 of the Constitution, under the name of "Local authorities"
 

132. Chapter VI of Title III becomes Chapter III of Title III, with the name "Judicial authority"
 

133. Article 120 is abrogated.

134. Article 121 is abrogated.

135. Article 122 is abrogated.

136. Article 123 is abrogated.

 

137. The name of Section 1 of Chapter III will be: "Administration of justice"


138. Article 124 shall be amended, as follows:

The name of the article shall be: "The role and organization"

Paragraph (1) shall have the following content:

"(1) The judicial authority renders justice on behalf of human fulfillment, of the social good and justice, in compliance with law and the truth."

After paragraph (2), ten new paragraphs shall be inserted, having the following content:

(2.1) The judicial authority shall be organized on courts, prosecutor's offices, bars of lawyers and notary public offices, according to the law.

(2.2) The judicial authority shall be headed by a president elected by the people

(2.3) The President of the Judicial Authority is a guarantee of judicial independence, quality and correctness.

(2.4) The Judicial Authority President shall appoint judges, prosecutors, lawyers and notaries, based on a proposal from the Judicial Authority Council.

(2.5) The provisions of Articles 81, paragraph (1), and paragraphs (2) to (4), 82, 83, 84, 95, 96, 96.1 and 97 shall also apply, as appropriate, for the Judicial Authority President.

(2.6) Candidates for the position of Judicial Authority President must meet the following requirements:

a) to provide to the elector documents certifying the surname and first name of their parents and grandparents, as well as their affidavit which specifies if they have knowledge of the positions held in the Romanian state, or in another State, by their parents and grandparents.

b) to have the highest legal education;

c) they must have been noted as good professionals and citizens of perfect morality;

d) they must have been noted as active fighters for the protection of the rights and freedoms of Romanian citizens;

e) to present to the electorate their professional, political and civic activity carried out up to the submission date of the candidacy for the office of Judicial Authority President;

f) to present to the electorate the Legislative Program for whose development they undertake to act as Judicial Authority President, if they will be elected.

(2.6) The document referred to in paragraph (2.6), letter f), shall constitute the election contract of the candidate. It shall be signed by the candidate for the position of Judicial Authority President, shall be printed and made available to the electorate, throughout the election campaign. A copy of this document shall be submitted to the Electoral Authority, the Moral Authority and the Ombudsman, at least 30 days prior to the commencement of the election campaign.

(2.7) The elections for the office of Judicial Authority President shall be carried out on the first Sunday of October of the year in which the Romanian President's term of office expires, or still on a Sunday, no later than 60 days following the date on which the Judicial Authority President holiday takes place."

(2.8) If the function of the Judicial Authority President becomes vacant or if the Judicial Authority President is suspended from office or if he is temporarily incapable of exercising his powers, the interim shall ensure a member of parliament appointed by the Chamber of Representatives, by a majority vote of its members.

(2.9) For the performance of his duties, the Judicial Authority President issues orders which shall be published on the web sites of the Judicial Authority President and in the Official Journal of Romania.

(2.10) The organization and operation of the Judicial Authority shall be established by law."

Paragraph (3) is abrogated.
 

139. Article 125 shall be amended and supplemented as follows:

Paragraphs (1) and (2) shall have the following content:

 "(1) Judges are independent and subject only to truth and law.

(2) The proposals for the appointment, promotion, transfer and punishing of judges are the competence of the Judicial Authority Council, in accordance with the provisions of the law."

Following the paragraph (2), two new paragraphs shall be inserted, having the following content:

(2.1) The candidates for the office of a judge must have upper legal training and high professional competence. The criteria for the appointment and promotion of judges shall be established by law.

(2.2) The judges who have been guilty of wrong decisions are dismissed from office and they can no longer practice this profession. The revocation decision shall be taken by the Judicial Authority President, after consultation with the Judicial Authority Council, according to the law."

Paragraph (3) shall have the following content:

"(3) The office of a judge is incompatible with any other public or private office."

Following the paragraph (3), one new paragraph shall be inserted, having the following content:

 "(3.1) The judges status shall be approved by the law."
 

140. Article 126 shall be amended and supplemented as follows:

Paragraph (1) shall have the following content:

"(1) Justice shall be administered by the High Court of Cassation and Justice through courts by jury and other courts established by the law."

Paragraph (3) shall have the following content:

"(3) The High Court of Cassation and Justice shall ensure a uniform interpretation and application of the law by the courts of law, without causing prejudice to the independence of judges, according to its competence."

Paragraph (4) shall have the following content:

"(4) The structure of the High Court of Cassation and Justice and the rules of its operation shall be established by law. Only judges with a minimum seniority of 15 years in lower courts may be included in the structure of this court".

Following the paragraph (4), one new paragraph shall be inserted, having the following content:

"(4.10) The organization and operation of the Courts by Jury shall be established by the law."

Paragraph (5) shall have the following content:

"(5) It is forbidden to set up second appeal courts."

Following paragraph (6), three new paragraphs shall be inserted, having the following content:

(7) If the victim of an administrative abuse obtains reimbursements as a result of an administrative court, the state shall be bound to take recourse action against the guilty civil servant, for the recovery of damages

(8) Judges shall be bound to ensure a language understandable to the parties in the process is used during the process.

(9) All the files are divided randomly among the courts. Fraud or fraud attempts on the system for the distribution of files shall be the sanctioned according to the law.
 

141. Article 127 shall be amended and it shall have the following content:

 "(1) The proceedings shall be public.

(2) The discussions from the proceedings shall be recorded in writing by the Registrar, as well as on video.

(3) The public part of the folder may be read by any citizen with the right to vote.

(4) The file evidences may be used, at any time, for the analysis of judges and prosecutors performance.

(5) The file contents will be made available to the public, on the Internet.

(6) The destruction of files is forbidden, for 50 years after the process was concluded, when a special commission will decide which files will be further preserved.

(7) By means of a system of rotation and random checks, established according to the law, the public television will broadcast live processes from courts of law."
 

142. Article 128 shall be amended, as follows:

Paragraph (2) shall have the following content:

"(2) The citizens have the right to talk in their mother tongue in court, in accordance with the provisions of the law."


143. Article 129 shall be amended and it shall have the following content:

"The stakeholders and the Prosecution have the right to exercise challenge methods against decisions of the court, without exception, in accordance with the provisions of the law."
 

144. Article 130 shall be amended and it shall have the following content:

"The courts of law shall have police placed at their disposal, which shall be organized in accordance with the law"
 

145. The name of Section 2 of Chapter III shall be: "Prosecution".
 

146. Article 131 shall be amended and supplemented as follows:

The name of the article shall be: "Prosecution's role"

Paragraphs (1) and (2) shall have the following content:

"(1) In judicial activity, the Prosecution defends legality and represents the general interests of society.

(2) The Prosecution shall exercise its powers through prosecutors, constituted into prosecutor's offices, in accordance with the provisions of the law."

Following the paragraph (3), two new paragraphs shall be inserted, having the following content:

"(3.1) The competence of prosecutor's offices and the procedure for exercising it are provided for only by law.

(3.2) Romania's General Prosecutor's Office, which is attached to the High Court of Cassation and Justice, ensures a uniform interpretation and application of the law by the other prosecutor's offices, without causing prejudice to the independence of prosecutors, according to its competence. Only prosecutors with a minimum seniority of 15 years in prosecutor's offices attached to lower courts of law may carry out their activities within it.
 

147. Article 132 shall be amended and shall have the following content:

"(1) Public Prosecutors are independent and subject only to truth and law.

(2) The proposals for the appointment, promotion, transfer and punishing of prosecutors are the competence of the Judicial Authority Council, in accordance with the provisions of the law.

(2.1) The candidates for the office of a prosecutor must have upper legal training and high professional competence. The criteria for the appointment and promotion of prosecutors shall be established by law.

(2.2) The prosecutors who have been guilty of failure to comply with the obligation of taking legal action ex officio, failure to complete files, or of wrong decisions are dismissed from office and they can no longer practice this profession. The revocation decision shall be taken by the Judicial Authority President, after consultation with the Judicial Authority Council, according to the law.

(5) The prosecutor's status shall be approved by the law."
 

148. After Section 2, a new section shall be inserted, Section 3, as follows:

The name of the Section shall be: "Attorneyship"

Section (3) shall have the following content:

"The attorney's role

ARTICLE 132.1.

(1) Natural and legal persons have the right to be assisted, free of charge, by attorneys, before the courts of law, in accordance with the provisions of the law.

(2) The attorneys are constituted in bars, which are attached to the courts of law, under the coordination of the National Union of Bars of Romania, according to the law.

(3) The incorporation and operation of attorney bars outside the National Union of Bars of Romania are prohibited.

(4) The requests for assistance sent to bars by the parties to the proceedings are distributed to attorneys by drawing lots, organized in accordance with the law. The parties to the proceedings shall have the right to refuse selected attorneys, up to 5 times. An attorney denied in more than half of the cases within a year shall be removed from the bar.

(5) Any party to the proceedings shall have the right to defend itself.

The attorney's status

ARTICLE 132.2.

(1) The attorneys are independent and subject only to truth and law.

(2) The proposals for the appointment, promotion, transfer and punishing of attorneys are the competence of the Judicial Authority Council, in accordance with the provisions of the law. The criteria for the appointment and promotion of attorneys shall be established by law.

 (3) The candidates for the position of attorney must have upper legal education, high professional competence, seniority in legal activities or in upper legal education, established by law.

(4) The attorneys who have violated their legal duties are dismissed from office and they can no longer practice this profession. The revocation decision shall be taken by the Judicial Authority President, after consultation with the Judicial Authority Council, according to the law.

(5) The office of an attorney is incompatible with any other public or private office."

(6) The attorney's status shall be approved by the law."
 

149. After Section 3, a new section shall be inserted, Section 4, as follows:

The name of the section shall be: „State notary office”

Section (4) shall have the following content:

"The notary's role

ARTICLE 132.3

(1) The notarial activity provides the natural persons and legal entities the civil or commercial non-litigious relations, as well as the rights exertion and interests’ protection, under the law. The notary activity is a public service offered by the Romanian state to its citizens, free of charge.

(2) The notarial activity shall be performed by notaries, by notarial acts and notarial judicial consultations, under the law.

(3) The notaries are constituted in notary public offices, which are attached to courts, and coordinated by the National Union of Notaries in Romania and Notary Chambers, attached to law courts and courts of appeal, according to the law.

(4) The notary position shall only be exerted by the notaries members of the National Union of Notaries Public from Romania.

(5) The incorporation and operation of organization forms of the notary profession, other than the notarial offices coordinated by the National Union of Notaries Public from Romania and Chambers of Notaries Public shall be forbidden.
 

The status of notaries

ARTICLE 132.4.

(1) The notaries are independent and subject only to truth and law.

(2) The proposals for the appointment, promotion, transfer and punishing of notaries are the competence of the Judicial Authority Council, in accordance with the provisions of the law. The criteria for the appointment and promotion of notaries shall be established by law.

 (3) The candidates for the position of notary must have upper legal education, high professional competence, seniority in legal activities or in upper legal education, established by law.

(4) The notaries who have violated their legal duties are dismissed from office and they can no longer practice this profession. The revocation decision shall be taken by the Judicial Authority President, after consultation with the Judicial Authority Council, according to the law.

(5) The office of a notary is incompatible with any other public or private office."

(5) The notary's status shall be approved by the law."
 

150. Article 133 shall be amended and it shall have the following content:

"(1) The Judicial Authority Council is an advisory body of the Judicial Authority President.

(2) The Judicial Authority Council shall be composed of 33 members, of whom:

a) 24 shall be elected in general meetings of judges, prosecutors, attorneys and notaries, and are validated by the Judicial Authority President; they are part of four sections, one for judges, one for prosecutors, one for attorneys and one for notaries; the first section is composed of 9 judges, the second of 5 prosecutors, the third of 5 attorneys, the fourth of 5 notaries;

b) 5 representatives of the National Union of Community Associations, specialists in the field of law, which have a good professional and moral reputation, validated by the Judicial Authority President;

c) The High Court of Cassation and Justice President, the General Prosecutor of Romania, the President of the National Union of Bars of Romania and the President of the National Union of Notaries of Romania."

(3) The Judicial Authority President shall be chosen by the members of the Council, for a term of office of one year, which may not be extended or renewed, from the members referred to in paragraph (2) (a) and shall be validated by the Judicial Authority President.

(4) The term of office for members of the Judicial Authority Council is of 4 years.

(5) The decisions of the Judicial Authority Council shall be taken by open vote and shall be published on the site dedicated to the Council and in the Official Gazette of Romania"

 

151. Article 134 shall be amended and it shall have the following content:

 " (1) The Judicial Authority Council shall propose to the Judicial Authority President the appointment of judges, prosecutors, attorneys and notaries, except for trainees, in accordance with the provisions of the law.

(2) The Judicial Authority Council shall propose to the President the promotion, transfer, and sanctioning of judges, prosecutors, attorneys and notaries

(3) The Judicial Authority Council shall perform the role of a court, through its divisions, in the field of disciplinary liability of judges, prosecutors, attorneys and notaries, in accordance with the procedure laid down by law. In these situations, the High Court of Cassation and Justice President, the General Prosecutor of Romania, the President of the National Union of Bars of Romania and the President of the National Union of Notaries of Romania have no right to vote.

(4) The decisions of the Judicial Authority Council in disciplinary matters may be appealed against to another panel of the Judicial Authority Council, made up of a larger number of judges.

(5) The decisions of the Judicial Authority Council shall be published on the site dedicated to the Judicial Authority Council and in the Official Gazette of Romania."
 

152. After CHAPTER III, a new chapter shall be inserted, CHAPTER IV, with the following content:

"CHAPTER IV

Media Authority

The role of the Media Authority

ARTICLE 134.1.

(1) The Authority Media is the guarantor for the correct information of the citizens in the process of forming their professional, civic, political and electoral options.

(2) The Media Authority shall exercise the attributes of national sovereignty in the media service sector, with the mission to apply national legislation in this field.

(3) All the mass media means - press agencies, publications, radio and television stations - are bound to build an official website, on which they should publish their ownership structure and the balance sheet at 31 December of each year, audited, according to the law, no later than 31 March of the following year.  These data are also published in the Official Gazette of Romania.

(4) It shall be prohibited to use media products supplied by the means of communication for the purposes of misinforming and manipulating citizens in the process of forming their professional, civic, political and electoral options.

(5) Television stations whose programs include programs intended for presenting political and electoral programs shall be bound to present the programs of all political parties, recorded, according to the law, as well as the programs of all the candidates in the election, in equal amount, without any discrimination.

(6) Television channels that organize debates regarding the current activity of political parties, state authorities, or local authorities, are bound to invite to these debates representatives of all registered political parties, depending on the number of members, without any discrimination, according to the law.

(7) The national public television channel is bound to organize debates regarding the current activity of legally registered political parties, state authorities and local authorities, to which representatives of all registered political parties are invited, based on the number of members, without any discrimination, according to the law.

(8) The National Media Council operates within the Media Authority, as an advisory body of the Media Authority President.

(9) The National Media Council is made up of 7 experts in the field of mass communication means, of which 3 are proposed by professional organizations in the field of mass communication means, from Romania, legally constituted, and 4 shall be proposed by the National Union of Community Associations, all being certified for the position by the National Media President.

(10) The candidates for the position of National Media Council member are highly qualified technical specialists, public personalities, who are noted as authors and promoters of projects designed to improve the activity from the field of mass communication means.

(11) The mandate of the members of the National Media Council is of 6 years and may be renewed only once, by a decision of the National Media President.

(12) The National Media Council shall endorse all decisions of the National Media President. The National Media Council notices shall be published on the site dedicated to the Media Authority and in the Official Gazette of Romania.

(13) The Media Authority is led by a president elected by the people.

(14) The provisions of Articles 81, paragraph (1), and paragraphs (2) to (4), 82, 83, 84, 95, 96, 96.1 and 97 shall also apply, as appropriate, for the Media Authority President.

(15) Candidates for the position of Media Authority President must meet the following requirements:

a) to provide to the elector documents certifying the surname and first name of their parents and grandparents, as well as their affidavit which specifies if they have knowledge of the positions held in the Romanian state, or in another State, by their parents and grandparents.

a) have upper training;

d) they must have been noted as good professionals and citizens of perfect morality;

e) they must have been noted as active fighters for the protection of the rights and freedoms of Romanian citizens;

e) to present to the electorate their professional, political and civic activity carried out up to the submission date of the candidacy for the office of Media Authority President;

g) to present to the electorate the Legislative Program for whose development they undertake to act as Media Authority President, if they will be elected.

(16) The document referred to in paragraph (15), letter f), shall constitute the election contract of the candidate. It shall be signed by the candidate for the position of Media Authority President, shall be printed and made available to the electorate, throughout the election campaign. A copy of this document shall be submitted to the Electoral Authority, the Moral Authority and the Ombudsman, at least 30 days prior to the commencement of the election campaign.

(2.7) The elections for the office of Media Authority President shall be carried out on the first Sunday of October of the year in which the Romanian President's term of office expires, or still on a Sunday, no later than 60 days following the date on which the Media Authority President holiday takes place."

(2.8) If the function of the Media Authority President becomes vacant or if the Media Authority President is suspended from office or if he is temporarily incapable of exercising his powers, the interim shall ensure a member of parliament appointed by the Chamber of Representatives, by a majority vote of its members.

(12) The Media Authority President assigns personnel for the Authority, employed by competition or exam, according to the law.

(2.9) For the performance of his duties, the Media Authority President issues orders which shall be published on the web sites of the Media Authority President and in the Official Gazette of Romania.

(2.10) The organization and operation of the Media Authority shall be established by law."
 

National public press, radio and television service

ARTICLE 134.2.

(1) The national public press, radio and television service is an autonomous public institution, with legal personality and that carries out its activities under the control of the people, according to the law.

(2) The national public press, radio and television service is headed by a director, elected by people

(3) The provisions under Article 134.1, paragraphs (14) - (20) shall also apply, as appropriate, to the director of the National public press, radio and television service.

(4) The organization and operation of the National public press, radio and television service shall be established by law."
 

153. After CHAPTER IV, a new chapter is introduced, CHAPTER V, with the following content:

"CHAPTER V

Financial Authority

The role of the Financial Authority

ARTICLE 134.3.

(1) The Financial Authority is the guarantor of income and capital security for citizens of this country.

(2) The Financial Authority shall exercise the powers of national sovereignty in the organization and operation of the country's financial system, according to the law.

(3) The legislation relating to the organization and operation of the financial system should ensure the security of incomes acquired by nationals for their participation in creating the gross domestic product of the country, as well as the safety of the capitals accumulated by citizens by saving legally acquired incomes.

(4) The Financial Authority implements the legislation relating to the operation of the financial system and shall supervise the work carried out by the National Bank of Romania, by banks and other credit institutions, by the institutions of the financial capital market, of insurance and reinsurance markets, as well as pension systems.

(5) In the financial capital market of Romania, only real estate values and financial instruments issued against inputs in cash or in kind may be transacted. Transactions of derivative financial instruments are forbidden.

(6) The real estate values and financial instruments can be transacted only on regulated markets and only by tender procedure, with payment in cash at the time of the transactions.

(7) The use of confidential information, as well as any form of speculation, of deception of citizens, by fraudulent contractual clauses, by manipulating prices on the commodity markets, money, financial, insurance or pension capital, for the purposes of obtaining improper uses, of any kind, is punishable by life imprisonment and with wealth confiscation for the perpetrators.

(8) Romanian natural and legal persons may only perform operations of receipts and payments, or crediting, in the national currency, leu.

(9) The banks and credit institutions may not grant loans higher than the value of the equities and deposits of their customers.

(10) The banks and credit institutions may only grant loans for productive investments, for the creation of new production facilities, or for the development and modernization of existing production facilities. Monetary amounts attracted by banks and credit institutions from the population can only be used for granting loans for productive investments.

(11) By way of exception from the provisions of paragraph (10), houses for mutual assistance may grant any kind of credits to their members, according to the law and their statutes.

(12) Interest payable by Romanian natural persons and legal entities may not be greater than 7% per year. The lenders may not claim from borrowers any other payment in addition to the borrowed amount, indexed to the inflation rate, the afferent interest and increases and delay penalties.

(13) The total amount of increases and delay penalties for the payment of debt may not be greater than the amount of the debt indexed to the inflation rate.

(14) It is prohibited to use national public budget revenues to cover losses of banks and credit institutions with private capital.

(15) Romanian natural and legal persons may buy currency, in any quantity, that they may use for payments to foreign natural and legal persons.

(16) Foreign exchange rates are determined only by the demand and offer of currency on the foreign currency market, organized according to the law. The manipulation of exchange rates in any way is forbidden.

(17) The owners of fixed assets used in Romania's economy are bound to calculate and to establish the depreciation fund using the straight-line method, according to the law. The depreciation fund is used exclusively for the creation of new production facilities, or for the development and modernization of the existing production facilities. The violation of this provision shall be punishable by imprisonment for life and with wealth confiscation for perpetrators.

(8) The National Financial Council operates within the Financial Authority, as an advisory body of the Financial Authority President.

(9) The National Financial Council is made up of 7 experts in the field of finances, of which 3 are proposed by legally constituted professional organizations of Romanian economists, and 4 shall be proposed by the National Union of Community Associations, all being certified for the position by the National Financial President.

(20) The candidates for the position of the National Financial Council member are highly qualified technical specialists, public personalities, who are noted as authors and promoters of projects designed to improve the activity from the national financial system.

(21) The mandate of the members of the National Financial Council is of 6 years and may be renewed only once, by a decision of the National Financial President.

(22) The National Financial Council shall endorse all decisions of the National Financial President. The National Financial Council notices shall be published on the site dedicated to the Financial Authority and in the Official Gazette of Romania.

(23) The Financial Authority is led by a president elected by the people.

(24) The provisions under Article 134.1, paragraphs (14) - (20), shall also apply, as appropriate, to the Financial Authority President.

(25) The organization and operation of the Financial Authority shall be established by law."
 

National Bank of Romania

ARTICLE 134.4.

(1) The National Bank of Romania is the central bank of Romania, having legal personality.

(2) The National Bank of Romania has as its object of activity the issue of banknotes and coins, as legal means of payment, on the territory of Romania, as well as the currency market surveillance and calculation and publication of average exchange, for statistical records.

(3) The basic objective of the National Bank of Romania is securing and maintaining price stability.

(4) Within the national territory of Romania no person shall create money, except for the National Bank of Romania.

(5) The quantity of currency in circulation cannot rise faster than Gross Domestic Product (GDP).

(6) The national currency is the Leu, with its subdivision, ban.

(9) The National Bank of Romania shall be bound to use all quantities of cash resulting from monetary shows for the purchase of gold, as a matter of priority from the domestic market, with a view to increasing international reserve of the country made up of gold.

(10) Replacing the national currency with another currency shall be approved by the Romanian people, by referendum.

(11) The National Bank of Romania is managed by a Governor, elected by the people.

(12) The provisions under Article 134.1, paragraphs (14) - (20), shall also apply, as appropriate, to the Governor of the National Bank of Romania.

(13) Within the National Bank of Romania the Supervisory Board operates as well, as the consultative body of the Governor of the National Bank of Romania.

(14) The Supervisory Board is made up of 7 experts in finance, of which 3 are proposed by economists' professional organizations in Romania, legally constituted, and 4 are proposed by the National Union of Community Associations, all being confirmed on position by the President of the Financial Authority.

(15) The nominees for the position of member of the Supervisory Council are highly trained specialists, public personalities, who distinguished themselves as authors and promoters of projects, designed to improve the activity of the financial system of the country.

(16) The term of office of the members of the Supervisory Board is of 6 years and may be renewed once, by the decision of the President of the Financial Authority.

(17) The Supervisory Board endorses all decisions of the Governor of the National Bank of Romania. The approvals of the Supervisory Board shall be published on the site dedicated to the National Bank of Romania and in the Official Journal of Romania.

(18) The organization and operation of the National Bank of Romania shall be established by law."
 

154. After CHAPTER V, a new chapter shall be inserted, CHAPTER VI, having the following content:

"CHAPTER VI

Electoral Authority

ARTICLE 134.5

(1) The Electoral Authority is the guarantor of exercising the people's sovereignty in the elections organized to appoint its representatives to the state and local authorities, as well as in the referendums by which the people directly participates to the adoption of the laws and decisions or expresses his will in matters of national or local interest.

(2) The Electoral Authority shall apply the legislation related to elections and referendums.

(3) The Electoral Authority shall prepare, organize and provide the elections and referendums procedures, according to the law.

(4) Any form of election advertising, during and after election campaigns, except brochures and leaflets where the election contracts of the nominees are printed, shall be forbidden. Failure to observe this provision shall be sanctioned with the elimination from the electoral race and losing the electoral rights, if the act is discovered during the election campaign, with the loss of their term of office and of the electoral rights, if the act is discovered after the elections, according to the law.

(5) Any form of electoral bribery shall be forbidden. Failure to observe this provision shall be sanctioned with the elimination from the electoral race and losing the electoral rights, if the act is discovered during the election campaign, with the loss of their term of office and of the electoral rights, if the act is discovered after the elections, according to the law.

There shall be added the penalties provided by law for bribe giving and taking.

(5) Any form of manipulating the electors' wish, by using mass-media means shall be forbidden. Failure to observe this provision shall be sanctioned with the elimination from the electoral race and losing the electoral rights, if the act is discovered during the election campaign, with the loss of their term of office and of the electoral rights, if the act is discovered after the elections, according to the law. There shall be added the penalties provided by law for manipulation and fraud.

(6) The expenses necessary for the operation of the Electoral Authority, as well as the expenses necessary for the elections and referendums preparation, organization and procedures shall be laid down in the budget of the Electoral Authority, an integral part of the state budget.

(7) Within the Electoral Authority the National Electoral Council also operates, as advisory body for the President of the Electoral Authority.

(8) The National Electoral Council is made up of 7 experts in legal matters, of which 3 are proposed by the professional organizations of the legal advisers in Romania, legally constituted, and 4 are proposed by the National Union of Community Associations, all being confirmed on position by the President of the Electoral Authority.

(9) The nominees for the position of member of the National Electoral Council are highly trained specialists, public personalities, who distinguished themselves as authors and promoters of projects, designed to improve the activity of the electoral system of the country.

(10) The term of office of the members of the National Electoral Council is of 6 years and may be renewed once, by the decision of the President of the Electoral Authority.

(11) The National Electoral Council endorses all decisions of the President of the Financial Authority. The approvals of the National Electoral Council shall be published on the site dedicated to the Electoral Authority and in the Official Journal of Romania.

(12) The Electoral Authority shall be managed by a President elected by the people.

(13) The provisions under Article 134.1, paragraphs (14) - (20), shall also apply, as appropriate, to the President of the Electoral Authority.

(14) The organization and operation of the Electoral Authority shall be established by law."
 

155. After CHAPTER VI, a new chapter is inserted, CHAPTER VII, as follows:

„CHAPTER VII

The Statistics Authority

ARTICLE 134.6

(1) The Statistics Authority guarantees that Romanian people and state is provided with statistical data needed to know the situation and evolution of Romanian economy and society, in order to support the sustainable development plans of the country and its counties.

(2) The Statistics Authority enforces the legislation on the organization and functioning of the official statistics in Romania, according to the fundamental principles of the science of statistics, with EU regulations concerning Community statistics and the European Statistics Practice Code.

(5) The Statistics Authority issues annual opinions on how the social and economic indicators registered in the National Development Programs in Romania have been performed, undertaken in the election campaigns of the candidates for the position of President of Romania and the presidents of other state authorities. The opinions of the Statistics Authority are published in the Official Journal of Romania and on the Authority’s website until June 30 of the year following the year the opinion is issued.

(6) Within The Statistics Authority operates the National Statistics Council, as advisory body of the President of the Statistics Authority.

(7) The National Statistics Council is composed of 7 experts in statistics, 3 of which are proposed by the Romanian Statistics Society and 4 are proposed by the National Union of Community Associations and all are approved, in position, by the President of the Statistics Authority.

(8) Candidates for membership within the National Statistics Council are highly qualified specialists, public figures who have distinguished themselves as authors and promoters of projects intended to improve the statistical system of the country.

(9) The mandate of the members of the National Statistics Council is 6 years and may be renewed once, by decision of the President of The Statistics Authority.

(10) The National Statistics Council approves all the decisions of the President of the Statistics Authority. Approvals of the National Statistics Council are published on the website of the Statistics Authority and the Official Journal of Romania.

(11) The Statistics Authority is managed by a President, elected by the people.

(12) The provisions of Article 134.1, paragraphs (14)-(20) are also applied accordingly to the President of The Statistics Authority.

(13) The organization and operation of the Statistics Authority are established by law.
 

156. After CHAPTER VII a new chapter is inserted, CHAPTER VIII, as follows:

„CHAPTER VIII

Moral Authority

ARTICLE 134.7

(1) The Moral Authority guarantees the integrity in exercising public functions.

(2) the Moral Authority enforces the legislation related to the moral integrity of persons exercising public functions.

(3) The Moral Authority monitors how the persons elected on official positions fulfilled their commitments undertaken in the election campaigns and makes public the results of this monitoring procedure.

(4) The Moral Authority issues opinions on how the persons elected on official positions fulfilled their commitments undertaken in the election campaigns. Opinions are issued annually and are published on the Moral Authority’s website and the Official Journal, until March 31 following the year to which it is related.

(5) The Moral Authority drafts requests to take legal action against the persons elected as officials who have violated the provisions of their contracts, who are in conflict or conflict of interest, or who can’t justify the goods acquired before or during their mandate.

(6) The Moral Authority provides specialized assistance to citizens committees established according to law to promote citizen legislative initiatives and organize referenda.

(7) Within the Moral Authority operates the National Integrity Council as advisory body for the President of the Moral Authority.

(8) The National Integrity Statistics Council is composed of 7 experts in the law field, of which 3 are proposed by the professional associations of lawyers in Romania, legally incorporated, and 4 are proposed by the National Union of Community Associations, all being approved by the President of the Statistics Authority.

(9) Candidates for the position of member within the National Integrity Council are highly qualified specialists, public figures who have distinguished themselves as authors and promoters of projects designed to improve the morality of the country’s political system.

(10) The mandate of the members of the National Integrity Council is 6 years and may be renewed once by the decision of the President of the Moral Authority.

(11) The National Integrity Council approves all the decisions of the President of the Moral Authority. The approvals of the National Integrity Council are published on the website of the Moral Authority and the Official Journal of Romania.

(12) The Moral Authority is managed by a President elected by the people.

(13) The provisions of Article 134.1, paragraphs (14)-(20) are also applied accordingly to the President of the Moral Authority.

(14) The organization and operation of the Moral Authority are established by the law.
 

157. After CHAPTER VIII a new chapter is inserted, CHAPTER IX, as follows:

„CHAPTER IX

The Scientific Authority

Article 134.8

(1) The Scientific Authority guarantees the economic and social foundation of Romania based upon science development.

(2) The Scientific Authority coordinates the entire activity conducted by scientific research institutes, centers and units of Romania, funded by the national budget.

(3) The Scientific Authority coordinates the entire research acivity carried out by the Romanian Academy and branch academies funded by the national budget.

(4) The Scientific Authority drafts the development strategy of Romania, on 5, 10, 20 and 30 years milestones. The development strategy of Romania is updated annually and is published on the Authority’s website and in the Official Journal of Romania, on the last day of each year.

(5) The Scientific Authority issues opinions on how the National Development Programs of Romania undertaken in the election campaigns of candidates for the position of President of Romania and the presidents of other state authorities comply with the Development Strategy of Romania. The opinions of the Scientific Authority are published in the Official Journal and on the Authority’s website, 30 days before the campaign for the election of the President of Romania and the presidents of other state authorities begins.

(6) The Scientific Authority issues opinions on the impact of legislative initiatives submitted for approval to the Chamber of Representatives on the Development Strategy of Romania, according to the law. The opinions are published in the Official Journal and on the Authority’s website.

(7) The Scientific Authority issues opinions on the impact of the projects proposed to be funded from the national budget on the Development Strategy of Romania, according to the law. The opinions are published in the Official Journal and on the Authority’s website.

(8) Within the Scientific Authority operates the National Council for Science, Technology, Innovation and Development, as advisory body of the President of the Scientific Authority.

(9) The National Council for Science, Technology, Innovation and Development is composed of 7 experts in the scientific research field, of which 3 are proposed by professional associations within institutes, research centers and units coordinated by the Scientific Authority, within the universities accredited by Romanian state, and 4 are proposed by the National Union of Community Associations, all being approved in function by the President of the Scientific Authority.

(10) Candidates for the position of member of the National Council for Science, Technology, Innovation and Development are highly qualified experts, public figures, who have distinguished themselves as authors and promoters of projects designed to improve scientific research and its contribution to the development of Romanian economy and society.

(11) The mandate of the members of the National Council for Science, Technology, Innovation and Development is 6 years and may be renewed once by the decision of the President of the Scientific Authority.

(12) The National Council for Science, Technology, Innovation and Development approves all the decisions taken by the President of the Scientific Authority. The approvals of the National Council for Science, Technology, Innovation and Development are published on the website of the Scientific Authority and in the Official Journal of Romania.

(13) The Scientific Authority is managed by a President elected by the people.

(14) The provisions of Article 134.1, paragraphs (14)-(20) are also applied accordingly to the President of the Scientific Authority.

(15) The organization and operation of the Scientific Authority are established by law.
 

158. After Title III, a new title is inserted, Title III.1, as follows:

The name of the title shall be „Local Authorities”

The title will be as follows:

„CHAPTER 1

Basic principles

ARTICLE 134.9

(1) The the country’s municipalities and counties local authorities are organized and operate under the principles of the local autonomy, the local citizens’ control on the local authorities, the separation and balance of these authorities, the compliance of the Constitution and laws of this country.

(2) Enforcing the principles set out at par. (1) shall not prejudice the national, unitary and indivisible character of the Romanian state.

(3) Before taking any decision state authorities consult the local authorities in all matters that concern them directly, according to the law.

(4) The authorities based upon which local autonomy is performed in villages and towns are the local councils elected and the mayors elected, according to the law.

(5) The authorities based upon which local autonomy is performed in counties are the county councils elected and the governors of towns elected, according to the law.

(6) The employees of local authorities and public institutions subordinated to them are employed after an examination or contest, based upon merit and professional competence criteria, according to the law. Any appointment, promotion or sanction of public local authorities’ employees based upon political criteria or with political support is prohibited, under penal and administrative sanctions.

CHAPTER 2

Communal and Municipal Authorities

Section I

Local Council


Role and jurisdiction
ARTICLE 134.10

(1) The local council is a deliberative body that makes decisions on all local interest matters, except those assigned by law to other public, local or central authorities.

(2) The local council may not adopt decisions that are contrary to the result of a valid local referendum.

(3) Citizens may approve decisions by local referendum, in any field, including judgements amending, supplementing or cancelling the decisions taken by the local council, complying with the Constitution and the law.

Choosing the local council

ARTICLE 134.11
(1) The members of the local council are called local councilors and elected by universal, equal, direct, secret and freely expressed vote, on a voting list, according to the principle of proportional representation, and based upon independent elective campaigns, according to the law.

(2) The members of the local council are elected based upon electoral districts, organized by locality.

(3) The number of the members of local councils is established by law, depending on the number of voting citizens within the locality.
(4) Elections for the local council are organized on the first Sunday of June of the year when the mandate term expires, or on a Sunday within maximum 45 days after the dissolution of the council.

Candidates for the election of members of the local council

ARTICLE 134.12

(1) Candidates for the position of local councilor will meet the following requirements:

a) have the residence in the locality where they apply;

b) have at least secondary education studies certified by a diploma;

c) are known as good professionals and citizens with outstanding morality;

d) are known as active fighters to defend the freedom and rights of citizens of the locality;

e) submit the draft decisions of the local council, for the enforcement of which they undertake to act as local councilor, if elected.

(2) The draft decisions, for the enforcement of which they undertakes to act, if elected, represent the electoral contract of the candidate. It will be signed by the candidate for the position of local councilor, it will be printed and made available to the electorate during the entire campaign period. One copy of this document will be submitted to the Electoral Authority and Moral Authority, before starting the electoral campaign.


Mandate duration

ARTICLE 134.13

(1) The local council is elected for a mandate of 4 years starting from the oath of office date.

(2) The local council exercises its mandate until the oath of office of the newly elected council.

(3) The local council is extended, according to the law, in case of war or catastrophe.

Validation of the local councilor mandate

ARTICLE 134.14

Validation of the election as local councilor is made by the court of law of the county where the administrative and territorial unit is located, by a judge appointed by the presiding judge.

Setting up the local councils

ARTICLE 134.15

(1) Local councils are set up within 25 days of the election date. The elected and validated local councilors are summoned by the mayor, within maximum 5 days of validation judgement. At this meeting, the prefect or his representative participate, as well as the mayor or, as the case may be, the candidate who won the election for the position of mayor.

(2) The meeting shall be conducted under legal conditions if at least the majority of the elected and validated local councilors participate.

(3) During the local council meeting, local councilors take oath according to the law.

(4) The local council is declared legally set up if the majority of the validated local councilors took oath. A local council is declared set up by decision adopted by majority of votes of the validated local councilors.

Election of the President of the Local Council

ARTICLE 134.16

(1) The local council elects from its members, through decision taken by open voting of the majority of the local councilors in office, a president of the meeting for a period of 3 months, who will preside the council meetings and sign the decisions taken thereof.

(2) The local councilor elected according to par. (1) can be changed on the initiative of at least 1/3 of the local councilors, by majority vote of the local councilors in office.

Internal organization

ARTICLE 134.17

(1) The organization and operation of the local council are established by internal regulation drafted according to the law.

(1) The local council organizes specialized committees, on the main field activities. They are intended to ensure the basic decisions to be enforced.

(2) Only local councilors may be members of specialized committees. At the meetings of each local council committee a representative of the county’s Community Association also participates.

(3) The specialized committees elect a president and a secretary.

(4) The specialized committees analyze and approve the draft decisions in their respective field activity.

(5) The specialized committees work fully constitued and make decisions with majority of votes.

(6) The organization, operation and duties of the specialized committees are established by the organization and operation rules of the local council, observing the political configuration resulted from local elections.

(7) Local councils may organize on their own initiative or on the initiative of the mayor, as the case may be, special committees for analysis and verification, on determined period. The members of specialized committees for analysis and verification, their objectives and period shall be established by decision of the local council. The members of committees act within the limits set up by decision.

Local council meetings

ARTICLE 134.18

(1) The local council is summoned regularly, on a monthly basis, by the mayor.

(2) The local council may also be summoned in extraordinary meeting, at the request of the mayor, or of at least 1/3 of the council members.

(3) In force majeure and maximum urgency cases, to settle the interests of the town or city residents, local council may be summoned immediately.

Public character of the meetings

ARTICLE 134.19

(1) The local council meetings are public, videotaped and published on the website of the townhall.

(2) The votes of local councilors, for every decision taken by the local council, are open, confirmed by signature and presented on the website of the townhall.

The mandate of local councilors

ARTICLE 134.20

(1) In exercising their mandate, local councilors are in the city service.

(2) Local councilors are bound to act and vote in accordance with the commitments undertaken in the election campaign in which they were elected. The local councilor who violates his commitments undertaken in the election campaign can be dischaged by referendum according to the Constitution and the law.

(3) Local councilors begin the exercise of their mandate upon legal assembly of the local council, subject to validation of the election and oath taking.

(2) The quality of local councilor terminates in the following cases:

a) upon legal assembly of the newly elected council;

b) definitive impossibility to exercise the duties;

c) resignation or discharge;

d) death .

Incompatibilities

ARTICLE 134.21

(1) The quality of local councilor is incompatible with any other public position, including any position in public authorities and publicly owned trade companies.

(2) Local councilors may not interfere in the affairs of other public authorities and institutions or the affairs of other public or private legal entities.

(3) The local councilor who is convicted for lobbyism or other corruption acts loses his mandate and is punished with life prison and his wealth is confiscated.

Liability of local councilors

ARTICLE 134.22

(1) Local councilors are politically accountable only to those who elected them and may not lose their mandate by withdrawing their political support from the parties from which they participated in the elections.

(2) Local councilors are held legally, individually accountable for violating the electoral contract, if the votes or political views expressed in exercising their mandate contradict the obligations undertaken in the electoral contract.

(3) Local councilors are held legally, individually accountable for the prejudices brought to the county by the decisions approved by them.

(4) The liability of local councilors for the acts specified in paragraphs (2) and (3) can’t be made void.

(5) Each local councilor submits, in writing, the annual report on the way he performed the obligations undertaken in the electoral campaign. The report is submitted in the council meeting organized for this purpose, not later than March 31 of the year following the year to which it refers. The report is archived and made available to the electorate, to be consulted, by the secretary of the county. The report is published on the website of the townhall.

Duties of the local council

ARTICLE 134.23

(1) The local council exercises the following duties, according to the law:

a) approves the rules of organization and operation of the local council;

b) approves the establishment, organization, positions and number of employees of the specialized apparatus, institutions and local public services, as well as of local autonomous authorities;

c) approves the local budget, credit transfers, the use of the budget reserve and fiscal year closing account;

d) establishes and approves local taxes, under the law;

e) approves the technical and economic documentation for local investment works, under the law;

f) enforces putting in the service of public institutions or subordinated local authorities of publicly owned goods and goods owned by the administration of the village, town or county;

g) approves the documentation related to city planning and urbanism;

h) approves the construction, maintenance and retrofitting of streets, roads, bridges, as well as of the entire infrastructure belonging to local communication means;

i) assigns or changes the names of streets, markets and local objectives.

j) approves the construction of social houses, the criteria to assign social houses and utilities under its management;

k) decides the cooperation or association with Romanian or foreign legal entities, in order to finance and mutually perform actions, works, services or local projects;

l) decides twinning the village, town or city with municipalities in other countries;

m) decides the cooperation or association with other municipalities in the country or abroad, as well as adhering to local authorities national and international associations, in order to promote common interests.

n) gives Romanian or foreign natural persons, with outstanding merits, the title of honorary citizen of the village, town or city, based upon its own regulations; this regulations also establish the conditions this title may be withdrawn.

(2) The local council performs any other duties requested by the economic and social reality of the county, according to the Constitution and the law.

Dissolution of the local council

ARTICLE 134.24

(1) The local council is dissolved by law or by local referendum.

(2) The local council is dissolved by law:

a) if it is not summoned for two consecutive months;

b) if it fails to take any decision in 3 consecutive ordinary meetings;

c) if the number of local councilors is reduced under half plus one and may not be completed by deputies.

d) if it adopted, in a period of maximum 6 months, at least 3 decisions which were cancelled by the administrative court by final judgement.

(3) The mayor, the secretary of the county or any other interested party notifies the administrative court regarding the cases specified in paragraph (2). The court examines the de facto situation and decides the dissolution of the local council. The court judgement is final and shall be notified to the prefect.

(4) The local council may be dissolved by local referendum, organized under the law. The referendum is organized following the petition addressed to the Electoral Authority of at least 25% of the voting citizens registered on the electoral lists of the county.

(5) Until constitution of a new local council, the mayor or, in his absence, the secretary of the county settles the current problems of the county, town or municipality.

Suspension of the mandate of local councilor

ARTICLE 134.25

(1) The mandate of local councilor is rightfully suspended if the councilor was taken into custody. This custody procedure is immediately notified by the court of the prefect who declares, by order, the suspension of the mandate.

(2) The suspension lasts until termination of the situation specified in paragraph (1). The suspension order is immediately notified to the local councilor.

(3) If the local councilor whose mandate was suspended was found not guilty, he is entitled to compensations, according to the law.

Discharge of the local councilors

ARTICLE 134.26

(1) Any local councilor may be discharged by a referendum held in the electoral district where he was elected, with a number of votes higher than the one he was elected, at the request of a number of voters in the district where he was elected, equal to at least 10% of the number of votes with which he was elected.

(2) The local council is rightfully discharged in the following cases:

a) when it is found, after validation of the mandate by a final judgement, that the election was made by electoral fraud or any other violation of the law;

b) when it has been convicted by final judgment to imprisonment or loss of the voting rights;

c) when he changed his residence to another county;

d) incompatibility situation;

e) when he resigned from the political party where he was elected or when he registered in another political party;

f) he has been absent from 3 consecutive ordinary meetings of the local council.

Initiative of the local council draft decisions

ARTICLE 134.27

(1) The initiative of local council draft decisions falls under the responsibility, as the case may be, of the mayor, local councilors and a number of citizens with voting rights equal to at least 10% of the number of citizens with voting rights of the county.

(2) The holders of the initiative right submit their proposals to the president of the local council.

(4) Draft decisions will be discussed and voted by the local council under full constituency within maximum 60 days from the date of their submission to the president of the local council.

(5) If the local council rejects the draft decision initiated by the mayor or the citizens, the Electoral Authority organizes a local referendum within 45 days from the rejection date of the proposal by the local council, to approve the decision rejected by the local council.

(6) If the citizens who participated in the referendum approve the decision rejected by the local council, the local council is dissolved and anticipated elections are organized, to elect a new local council.

Decision making

ARTICLE 134.28

Decisions are made by majority vote of the members of the local council.

Notifying and publishing the decisions

ARTICLE 134.29

(1) The decisions of the local council are registered by the secretary of the townhall in a special register and are immediately notified to the mayor and the prefect, but no later than 3 days from the date the decisions are made.

(2) Decisions are published, on the date they are made, on the website of the townhall.

(3) Normative decisions are binding and become effective from the date they are made public and individual ones from the notification date.

The local councils of Bucharest municipality districts

ARTICLE 134.30
The provisions of Articles 134.9 - 134.29 are also applied accordingly to the local councils of Bucharest municipality districts.

SECTION 2

Mayor

Role of the mayor

ARTICLE 134.31

(1) The mayor exercises the executive component of the local authority. He is the head of the local public administration and the internal specialty apparatus, which he leads and controls.

(2) The mayor answers before the citizens of the locality, for the good operation of the local public administration under the law.

(3) The mayor leads the local public services.

(4) The mayor represents the locality in the relations with other public authorities, Romanian or foreign natural or legal persons, as well as in justice.

(5) The mayor participates in the meetings of the local council and has the right to express his point of view on all the matters subject to debate.

(6) The distinctive sign of the mayor is a sash in the colors of the national flag.

(7) The sash is worn, mandatorily, for solemn occasions, receptions, public ceremonies and celebration of marriages.

(8) The sash model is established by Government’s decisions.

Election of the mayor

ARTICLE 134.32

(1) The mayor is elected by universal, equal, direct, secret and freely expressed vote.

(2) Mayors are elected by electoral division, by uninominal ballot.

(3) The elections for the position of mayor take place on the same day as the elections for the local council, in the first Sunday of June in the year in which the mandate of the council expires, or also on a Sunday, no later than 45 days from the date when the vacancy for the position of mayor occurred.

(4) The candidates for the position of mayor will fulfill the following conditions:

a) reside in the locality in which they run;

b) have a higher education;

c) are known as good professionals and as citizens of absolute morality;

d) are known as active fighters for the defense of the rights and freedoms of the locality's citizens;

e) present to the electorate the Development plan for the locality over the next 4 years, for the achievement of which they are bound to act, as mayor, if elected.

(5) The locality development program constitutes the electoral contract of the candidate. It shall be signed by the candidate for the position of mayor, shall be printed and made available to the electorate, for the duration of the election campaign. A copy of this document shall be submitted to the Election Authority and the Moral Authority, before the commencement of the election campaign.

(6) The candidate that achieved, in the first round of elections, the majority of votes from the voters on the electoral lists of the locality is declared elected.

(7) In case none of the candidates has achieved this majority, a second round of elections is organized, between the first two candidates established in the order of the number of votes obtained in the first round. The candidate who obtained the highest number of votes is declared elected.

(8) A person may hold the office of mayor of the same locality for a maximum of two terms. These can also be successive.

Validation of the mandate of mayor

ARTICLE 134.33

(1) The result of the elections for the office of mayor is validated by the court house to which the locality is attached, by a judge designated by the presiding judge.

(2) The candidate whose election was validated shall take before the local council the oath established by law.

Duration of the mandate

ARTICLE 134.34

(1) The mayor's mandate is 4 years and is exercised since the taking of the oath.

(2) The mayor exercises his mandate until the newly elected mayor takes the oath.

(3) The mayor's mandate can be extended, by law, in case of war or disaster.

The mayor's mandate

ARTICLE 134.35

(1) In the exercise of the mandate, the mayor is in the service of the locality.

(2) The mayor is bound to act in accordance with the commitments made during the election campaign, in which he was elected. The mayor that breaches the commitments assumed in the election campaign is discharged, by referendum, under the Constitution and the law.

(3) The quality of mayor ends:

a) on the date when the newly elected mayor takes oath;

b) in case of resignation or discharge;

c) in case of definitive incapacity to exercise the duties;

c) in case of death.

Incompatibilities

ARTICLE 134.36

(1) The office of mayor is incompatible with any other public or private office.

(2) The mayor cannot intervene in the affairs of other public authorities and institutions or in the affairs of other public or private legal persons.

(3) The mayor convicted of illegal lobbying and other acts of corruption loses the mandate is punished with life imprisonment and his wealth is confiscated.

Liability of the mayor

ARTICLE 1134.37

(1) The mayor is politically liable only to those that elected him and cannot lose his mandate through the withdrawal of the political support by the party for which he ran for office.

(2) The mayor is legally liable for the breach of the electoral contract, if the dispositions adopted by him in the exercise of his mandate contravene the obligations assumed under the electoral contract.

(3) The mayor is legally liable for the damages to the locality by the dispositions adopted by him in the exercise of his mandate.

(4) The liability of the mayor for the acts mentioned at paragraphs (2) and (3) is indefeasable.

The duties of the mayor

ARTICLE 134.38

(1) The mayor performs the following duties, under the conditions of the law:

a) ensures the observance of the fundamental rights and freedoms of the citizens, the provisions of the Constitution, as well as the implementation of laws, decrees of the President of Romania, the decisions of other State and Government authorities, of the normative orders and instructions of ministers, other heads of the central public administration authorities, of the prefect, of the decisions of the county council, as well as the decisions of the local council.

b) serves as an officer of civil status and guardianship authority and ensures the operation of the profile local public services, the organization and operation of elections, referendum and census

a) exercises the function of chief credit officer, for the budget of the locality;

c) proposes to the local council for approval the establishment and reorganization, organization chart, list of functions, number of personnel and organizational regulations and functioning of the internal specialty apparatus, of the public institutions and autonomous administrations of local interest.

d) drafts of the law for the local budget and the closing account for the budget exercise and submits them for approval to the local council;

e) appoints, executes and disposes the suspension, modification and termination of work relations or, as the case may be, of the work reports for the personnel within the specialty apparatus, as well as for the leaders of the public and services institutions of local interest;

f) issues permits, agreements and authorizations granted under his authority by law and other legal acts;

(2) The mayor also performs other duties established by law.

(3) The mayor drafts the Annual report regarding the fulfillment of the Development plan for the locality, which he undertook in the election campaign in which he was elected. The report is presented in the meeting of the local council organized for this purpose, no later than March 31st of the year following the one to which it refers to. The report is submitted to the secretary of the city hall, who will make it available to the citizens, for consultation. The report is published on the website of the City Hall.

Suspension from duty

ARTICLE 134.39

(1) The mayor is rightfully suspended in case he is convicted with preventive arrest.

(2) The measure of preventive arrest will be notified immediately by the prosecutor's office or by the court of justice, as the case may be, to the prefect who, by order, determines the suspension of the mayor.

(3) The order of suspension will be immediately notified to the mayor.

(4) The suspension is valid until the settlement of the situation specified in paragr. (2).

(5) If the mayor suspended from duty was found innocent, he is entitled to compensations, under the provisions of the law.

(6) In case the provisions of the Constitution and of the law are breached, the mayor is suspended from duty by the local council, by majority vote of its members.

(7) The proposal for suspension from duty can be initiated by at least one third of the number of members from the local council.

(8) If the proposal for the suspension from duty is approved, within at most 30 days a local referendum for the discharge of the mayor is organized.

(9) If the citizens, by referendum, reject the proposal for suspension from duty approved by the local council, the local council is dissolved and early elections are held for the election of a new local council.

Discharge of the mayor

ARTICLE 134.40

(1) The mayor may be removed from duty, by referendum, organized in the electoral division in which he was elected, with a number of votes greater than the number of votes with which he was elected, at the request of a number of voters, in the electoral division in which he was elected, equal to at least 10% of the number of votes with which he was elected.

(2) The mayor is rightfully discharged from duty, in the following cases:

a) when it is found, after the validation of the mandate, by a court decision that remained final, that the election was done by electoral fraud or by any other violation of the law;
b) he has been convicted, by a court decision that remained final, to a custodial sentence or loss of electoral rights;
c) when he changed his residence to a different locality;

d) in case of incompatibility;

e) when he resigned from the political party or from the political body on behalf of which he was elected or when he enrolled in another political party or another political body;

f) when, in the exercise of the duties that are his under the law, he issued 3 normative dispositions within 3 months, which were cancelled by the administrative contentious court in a final judgment.


Vacancy of the position

ARTICLE 134.41

(1) Vacancy of the mayor's position intervenes in the event of resignation, discharge from office, permanent incapacity to exercise duties or death.

(2) Within 30 days from the date on which the vacancy of the mayor's position occurred, the Electoral Authority shall organize elections for a new mayor.

Interim of the position

ARTICLE 134.42

If the position of mayor becomes vacant or if the mayor is suspended from duty or if he is in temporary incapacity to exercise his duties, the interim is provided by a local councilor, appointed by the local council, by majority vote of its members.

Papers of the mayor

ARTICLE 134.43

(1) In the exercise of his duties, the mayor issues provisions of normative or individual nature. These become enforceable only after they are made public or after they were communicated to the interested parties, as appropriate, by the secretary of the locality.

(2) The dispositions of the mayor are published on the website of the City Hall.

Allowance and other entitlements

ARTICLE 134.44

The allowance and other entitlements of the mayor are established by law.

The mayors of Bucharest municipality districts

ARTICLE 134.45

The provisions of articles 134.31 – 134.44 are applied, accordingly, also in the case of the mayors of Bucharest municipality districts.

CHAPTER 3

County authorities

SECTION 1

County council

Role and competence

ARTICLE 134.46

 (1) The county council is a deliberative body that makes decisions in all the issues of county interest, with the exception of those assigned by law in the competence of other public authorities, local or central.

(2) The county council may not make decisions which are contrary to the result of a valid county referendum.

(3) The citizens may approve decisions, by county referendum, in any field, including decisions by which to amend, supplement or repeal decisions taken by the county council, observing the provisions of the Constitution and the law.

Election of the county council

ARTICLE 134.47

(1) The members of the county council are called county councilors and are elected by universal, equal, direct, secret and freely expressed vote, based on voting list, according to the principle of proportional representation, and based on independent candidacies, according to the law.

(2) The members of the county councils are elected by constituencies, organized by county.

(3) The number of members of county councils is established by law, depending on the number of voting citizens of the county.

(4) The elections for the county council take place in the first Sunday of June in the year in which the mandate of the council expires, or also on a Sunday, no later than 45 days from the date when council was dissolved.

Candidacies for the election of the members of the county council

ARTICLE 134.48

(1) The candidates for the position of county councilor will fulfill the following requirements:

a) reside in the county in which they run;

b) have at least a high-school education attested by a baccalaureate diploma;

c) are known as good professionals and as citizens of absolute morality;

d) are known as active fighters for the defense of the rights and freedoms of the county's citizens;

e) present to the electorate the proposals for decisions of the county council, for whose adoption they undertake to act, as county councilor, if elected.

(2) The proposals for decisions for whose adoption they undertake to act, if elected, constitute the candidate's electoral contract. The contract will be signed by the candidate for the function of county councilor, and will be printed and made available to the electorate, for the entire duration of the election campaign. A copy of this document shall be submitted to the Election Authority, before the commencement of the election campaign.

Duration of the mandate

ARTICLE 134.49

(1) The county council is elected for a mandate of 4 years and is exercised since the taking of the oath.

(2) The county council exercises its mandate until the newly elected county council takes the oath.

(3) The county council's mandate can be extended, by law, in case of war or disaster.

Validation of the mandate of county councilor

ARTICLE 134.50

Validation of the election of the county councilors is made by the court near the county, by a judge appointed by the presiding judge.

The establishment of county councils

ARTICLE 134.51

(1) The establishment of county councils is done within 25 days from the date of the election. The elected and validated county councilors are summoned by the governor of town, within maximum 5 days from the judgment of the validation. In the establishment meeting the prefect or his representative, as well as his governor of town or, as appropriate, the candidate declared winner for the office of governor of town, participate.

(2) The meeting shall be conducted under legal conditions if at least the majority of the elected and validated county councilors participate.

(3) In the meeting for the establishment of the county council, the local councilors take the oath prescribed by law.

(4) The county council is declared legally established, if the majority of the county councilors validated were sworn in. The establishment of the county council is determined by decision, adopted with the vote of the majority of validated county councilors.

Election of the president of the county council

ARTICLE 134.52

(1) The county council elects from its members, by decision adopted with the open vote of the majority of county councilors in office, a president of the meeting, for a period of maximum 3 months, who will lead the council's meetings and will sign the decisions adopted by it.

(2) The county councilor elected under par. (1) may be changed from office, at the initiative of at least one third of the number of county councilors, by majority vote of the county councilors in office.

Internal organization

ARTICLE 134.53

(1) The organization and operation of the county council is established by internal regulations, elaborated according to the law.

(1) The county council organizes its specialized committees, on the main areas of activity. These have the role to ensure the foundation for the decisions to be adopted.

(2) Only county councilors can be members of the specialty committees. In the meetings of each committee of the county council participates also a representative of the County Union Community Associations.

(3) The specialty commissions each elect a president and a secretary.

(4) The specialty commissions analyze and approve the decision drafts in their field of activity.

(5) The specialty commissions work in full constituency and make decisions by majority vote of their members.

(6) The organization, operations and duties of the specialty commissions are established by the regulations for the organization and operation of the county council, respecting the political configuration resulted from the local elections.

(7) The county councils can organize, at their own initiative or at the initiative of the governor of the town, as appropriate, special commissions for analysis and verification, for a determined period of time. The composition of the special commissions for analysis and verification, its objectives and development period for its activities are established by decision of the county council. The members of the committees act within the limits established by decision.

Meetings of the county council

ARTICLE 134.54

(1) The county council meets in ordinary sessions, once every two months, summoned by the governor of the town.

(2) The county council can also meet in extraordinary sessions, at the request of the governor of the town or at least one third of the number of council members.

 (3) In case of force majeure and maximum urgency for the resolution of the interests of the county's citizens the county council can be summoned immediately.

The public nature of the meetings

ARTICLE 134.55

(1) The meetings of the county council are public.

(2) The votes of the county councilors, for every decision adopted by the county council, are open, confirmed by signature and are presented on the county's website.

The mandate of the county councilors

ARTICLE 134.56

(1) In the exercise of the mandate, county councilors are in the service of the county residents.

(2) The county councilors are bound to act and vote in accordance with the commitments made during the election campaign, in which they were elected. The county councilor who violates the commitments assumed in the election campaign is discharged, by referendum, under the Constitution and the law.

(3) The county councilors shall begin the exercise of their mandate from the date of the legal assembly of the county council, under the condition of the validation of the election and taking of the oath.

(2) The quality of county councilor ends:

a) on the date of the legal assembly of the newly elected county council;

b) in case of definitive incapacity to exercise the duties;

c) in case of resignation or discharge;

d) in case of death.

Incompatibilities

ARTICLE 134.57

(1) The office of county councilor is incompatible with any other public office, including any office with the autonomous administrations and companies with publicly owned capital.

(2) The county councilors cannot intervene in the affairs of other public authorities and institutions or in the affairs of other legal persons, public or private.

(3) The county councilor convicted of illegal lobbying or other acts of corruption loses the mandate is punished with life imprisonment and confiscation of property.

The liability of the county councilors

ARTICLE 134.58

(1) The county councilors are politically liable only to those that elected them and cannot lose their mandate through the withdrawal of the political support by the party for which he ran for office.

(2) The county councilors are legally liable for the breach of the electoral contract, if the votes or political opinions expressed by them in the exercise of their mandate contravene the obligations assumed under the electoral contract.

(3) The county councilors are legally liable, individually, for the damages caused to the locality by the decisions for which they gave their vote.

(4) The liability of the county councilors for the acts mentioned at paragraphs (2) and (3) is indefeasable.

(5) Each county councilor presents, in writing, the annual report for the manner in which they fulfilled the obligations assumed in the election campaign in which they were elected. The report is presented in the meeting of the council organized for this purpose, no later than March 31 of the year following the year to which it relates. The report is archived and made available to the electorate, for consultation, through the care of the secretary of the county. The report is published on the county's website.

Duties of the county council

ARTICLE 134.59

(1) The county council has the following duties, under the law:

a) approves the regulation for organization and operation of the county council;

b) approves the establishment, organization, organization chart and number of personnel of the internal specialty apparatus, of the public institutions and services of county interest, as well as of the autonomous administrations of county interest;

c) approves the county budget, credit transfers, the use of the budgetary reserve account and the closing account for the budgetary exercise; decides the distribution per communes, towns and municipalities of the share of the amounts deducted from certain revenues of the state budget or other sources;

d) establishes and approves the county contributions and taxes, under the law;

e) approves the technical-economic documentations for the investment works of county interest;

f) decides the commissioning for the subordinate public institutions or autonomous administrations of the goods in public property and county administration;

g) refers, or approves, the county landscaping documentation;

h) approves the construction, maintenance and modernization of roads, bridges as well as the entire infrastructure belonging to the communications routes of county interest;

i) coordinates the activity of local councils of communes and cities in view of performing the public services of county interest;

j) decides the cooperation or association with foreign or Romanian legal persons, in order to jointly finance and perform some actions, works, services or projects of county interest;

k) decides the cooperation or association with other local authorities in the country or abroad, as well as adhering to national and international associations of the local authorities, in order to promote some common interests.

(2) The county council carries out any other duties, required by the economic and social realities of the county, according to the Constitution and the law.

Dissolution of the county council

ARTICLE 134.60

(1) The county council is dissolved by law or by county referendum.

(2) The county council is dissolved by law:

a) in case it doesn't meet for six consecutive months;

b) in case it has not adopted any decision in 3 consecutive ordinary sessions;

c) in case the number of local councilor is reduced to less than half plus one and be completed with alternates.

d) if it has adopted, within maximum 12 months, at least 3 decisions which were cancelled by the administrative contentious court by court judgment that became final.

(3) The governor of the town, secretary of the locality or any other interested party notifies the administrative contentious court in regards to the cases mentioned at paragraph (2). The court examines the facts and decides regarding the dissolution of the county council. The decision of the court is final and is communicated to the prefect.

(4) The county council can be dissolved by local referendum, organized under the law. The referendum is organized following the request to that effect addressed to the Electoral Authority by at least 10% of the number of the voting citizens registered on the electoral lists of the county.

(5) Until the establishment of the new county council, the governor of the town, or, in his absence, the county secretary solves the current county problems.

Suspension of the mandate of county councilor

ARTICLE 134.61

(1) The mandate of county councilor is rightfully suspended in case he was taken into preventive custody. (2) The measure of preventive arrest shall be communicated immediately by the court to the prefect who, by order, determines the suspension of the mandate.

(2) The suspension lasts until termination as provided in paragraph (1). The order of suspension shall be immediately communicated to the county council.

(3) In case the county councilor whose mandate was suspended was found not guilty, he entitled to compensation under the law.

The discharge of the county councilors

ARTICLE 134.62

(1) Any county councilor may be discharged from office, by referendum, organized in the constituency in which he was elected, with a number of votes greater than the number of votes with which he was elected, at the request of a number of voters, in the constituency in which he was elected, equal to at least 10% of the number of votes with which he was elected.

(2) The county councilor is discharged, rightfully, from office, in the following cases:

a) when it is found, after the validation of the mandate, by a court decision that remained final, that the election was done through electoral fraud or by any other violation of the law;
b) he has been convicted, by a court decision that remained final, to a custodial sentence or loss of electoral rights;
c) when he changed his residence to a different county;

d) in case of incompatibility;

e) when he resigned from the political party or the political body from which he was elected or when he enrolled in another political party or another political body;

f) has been absent without leave from 3 consecutive ordinary meetings of the county council.

The initiative of the proposals of decisions of the county council

ARTICLE 134.63

(1) The initiative of the proposals of decisions of the county council belongs, as appropriate, to the governor of the town, county councilors or a number of citizens entitled to vote equal to at least 10% of the number of voting citizens of the county.

(2) The owners of the right of initiative present their proposals for decisions to the county council president.

(4) The proposals for the decisions shall be debated and voted on in the plenary of the county council within a maximum 60 days of their submission to the county council president.

(5) In case the county council rejects the proposal of decision initiated by the governor of the town, or by citizens, the Electoral Authority organizes a county referendum, within 45 days from the date of rejection of the proposal by the county council, for the approval of the decision rejected by the county council.

(6) In case the citizens participating in the county referendum approve the decision rejected by the county council, the county council is dissolved and early elections are organized for the election of a new county council.

Adoption of decisions

ARTICLE 134.64

The decisions are adopted with the majority vote of the members of the county council.

Communication and publication of the decisions

ARTICLE 134.65

(1) The decisions of the county council are recorded, by care of the county secretary, in a special registry and are communicated, without delay, to the governor of the town and the prefect, but not later than 3 days from the date of the adoption.

(2) The decisions are published, on the date of adoption, on the county website.

(3) The decision with a normative nature become binding and produce effects from the date of their notification to the public, and the individual ones, from the date of communication.

The general council of the municipality of Bucharest

ARTICLE 134.66

The provisions of articles 134.46 – 134.65 shall apply, accordingly, also in the case of the general council of the municipality of Bucharest.

SECTION 2

The governor of the town

The role of the governor of the town

ARTICLE 134.67

(1) The governor of the town exercises the executive component of the county authority. He is the head of county public administration and the internal specialty apparatus, which he leads and controls.

(2) The governor of the town is responsible, before the citizens of the county, for the good operation of the county public administration, under the law.

(3) The governor of the town leads the county public services.

(4) The governor of the town represents the county in the relations with other public authorities, Romanian or foreign natural or legal persons, as well as in the judiciary.

(5) The governor of the town participates in the meetings of the county council and has the right to express his point of view on all the issues subject to debate.

Election of the governor of the town

ARTICLE 134.68

(1) The governor of the town is elected by universal, equal, direct, secret and freely expressed vote.

(2) Governor of the towns are elected by constituencies, by uninominal ballot.

(3) The elections for the position of governor of the town take place on the same day as the elections for the county council, in the first Sunday of June in the year in which the mandate of the council expires, or also on a Sunday, no later than 45 days from the date when the vacancy for the position of governor of the town occurred.

(4) The candidates for the position of governor of the town must fulfill the following conditions:

a) reside in the county in which they run;

b) have a higher education;

c) have been noted as good professionals and as citizens of absolute morality;

d) have been noted as active fighters for the defense of the rights and freedoms of the county's citizens;

e) to present to the electorate the Development plan for the county over the next 4 years, for the achievement of which is obliged to act, as governor of the town, if elected.

(5) The county development program constitutes the electoral contract of the candidate. It shall be signed by the candidate for the position of governor of the town, shall be printed and made available to the electorate, for the duration of the election campaign. A copy of this document shall be submitted to the Election Authority and the Moral Authority, before the commencement of the election campaign.

(6) Is declared elected the candidate that achieved, in the first round of elections, the majority of votes from the voters on the electoral lists of the county.

(7) In case none of the candidates has achieved this majority, a second round of elections is organized, between the first two candidates established in the order of the number of votes obtained in the first round. Is declared elected the candidate that obtained the highest number of votes.

(8) A person may hold the office of governor of the town of the same county for a maximum of two terms. These can also be successive.

Validation of the mandate of governor of the town

ARTICLE 134.69

(1) The result of the elections for the office of governor of the town is validated by the court house to which the county is attached, by a judge designated by the presiding judge.

(2) The candidate whose election was validated shall take before the county council the oath established by law.

Duration of the mandate

ARTICLE 134.70

(1) The mandate of the governor of the town’s is 4 years and is exercised since the taking of the oath.

(2) The governor of the town exercises his mandate until the newly elected governor of the town takes the oath.

(3) The governor of the town's mandate can be extended, by law, in case of war or disaster.

The mandate of the governor of the town

ARTICLE 134.71

(1) In the exercise of the mandate, the governor of the town is in the service of the county residents.

(2) The governor of the town is bound to act in accordance with the commitments made during the election campaign, in which he was elected. The governor of the town that breaches the commitments assumed in the election campaign is discharged, by referendum, under the Constitution and the law.

(3) The quality of governor of the town ends:

a) on the date the newly elected governor of the town is sworn in;

b) in case of resignation or discharge;

c) in case of definitive incapacity to exercise the duties;

c) in case of death.

Incompatibilities

ARTICLE 134.72

(1) The office of governor of the town is incompatible with any other public or private office.

(2) The governor of the town cannot intervene in the affairs of other public authorities and institutions or in the affairs of other legal persons, public or private.

(3) The governor of the town convicted of illegal lobbying or other acts of corruption loses the mandate and is punished with life imprisonment and confiscation of property.

Liability of the governor of the town

ARTICLE 1134.73

(1) The governor of the town is politically liable only to those that elected him and cannot lose their mandate through the withdrawal of the political support by the party for which he ran for office.

(2) The governor of the town is legally liable for the breach of the electoral contract, if the dispositions adopted by him in the exercise of his mandate contravene the obligations assumed under the electoral contract.

(3) The governor of the town is legally liable for the damages caused to the locality by the dispositions of adopted by him in the exercise of his mandate.

(4) The liability of the governor of the town for the acts mentioned at paragraphs (2) and (3) is indefeasable.

Duties of the governor of the town

ARTICLE 134.74

 (1) The governor of the town has the following duties, under the law:

a) ensures the observance of the fundamental rights and freedoms of the citizens, the provisions of the Constitution, as well as the implementation of the laws, decrees of the President of Romania, the decisions of the other authorities of the State and Government, orders and instructions of normative nature of the ministers, other leaders of the central public administration authorities, the prefect, as well as the decision of the county council;

a) performs the duty of chief credit offcer, for the county budget;

c) proposes to the county council for approval the establishment and reorganization, organization chart, duty roster, number of personnel and regulations for the organization and operation of the internal specialty apparatus, of the public institutions and autonomous administrations of county interest.

d) prepares the draft of the county budget and the closing account for the budgetary exercise and submits them for the approval of the county council;

e) names, sanctions and disposes the suspension, modification and termination of service relations or, as appropriate, the work relations, for the personnel in the specialty apparatus, as well as for the leaders of the public institutions and services of county interest;

f) issues the permits, agreements and authorizations given to his competency by law and other normative acts;

(2) The governor of the town also fulfills other duties established by law.

(3) The governor of the town presents, in writing, the annual report on the achievement of the Development plan of the county which was assumed during the election campaign in which he was elected. The report is presented in the meeting of the council organized for this purpose, no later than March 31 of the year following the year to which it relates. The report is archived and made available to the electorate, for consultation, through the care of the secretary of the county. The report is published on the county's website.

Suspension from office

ARTICLE 134.75

(1) The governor of the town is suspended, rightfully, in case he is taken into preventive arrest.

(2) The measure of preventive arrest shall be communicated immediately by the prosecutor's office or by the court, as appropriate, to the prefect who, by order, determines the suspension of the governor of the town.

(3) The order of suspension shall be immediately communicated to the governor of the town.

(4) The suspension lasts until termination as provided in par. (2).

(5) If the governor of the town suspended from office was found innocent, he is entitled to compensation, under the law.

(6) In case the provisions of the Constitution and the law are violated, the governor of the town is suspended from office by the county council, by majority vote of its members.

(7) The proposal for suspension from office can be initiated by at least one third of the number of members of the county council.

(8) If the proposal for the suspension from office is approved, within 30 days is organized a local referendum for the discharge of the governor of the town.

(9) If the citizens, by referendum, reject the proposal for suspension from office approved by the county council, the county council is dissolved and early elections are held to elect a new county council.

Discharge of the governor of the town

ARTICLE 134.76

(1) The governor of the town may be discharged from office, by referendum, organized in the constituency in which he was elected, with a number of votes greater than the number of votes with which he was elected, at the request of a number of voters, in the constituency in which he was elected, equal to at least 10% of the number of votes with which he was elected.

(2) The governor of the town is discharged, rightfully, from office, in the following cases:

a) when it is found, after the validation of the mandate, by a court decision that remained final, that the election was done through electoral fraud or by any other violation of the law;
b) has been convicted by final judgment to imprisonment or loss of the voting rights;

c) changed residence to another city

d) in case of incompatibility;

e) when he resigned from the political party or the political body from which he was elected or when he enrolled in another political party or another political body;

f) when, in the exercise of the duties that are his under the law, he issued 3 normative dispositions within 6 months, which were cancelled by the administrative contentious court in a final judgment.


Vacancy of the office

ARTICLE 134.77

(1) Vacancy of the governor of the town's office intervenes in the event of resignation, discharge from office, permanent incapacity to exercise duties or death.

(2) Within 30 days from the date on which the vacancy of the governor of the town's office occurred, the Electoral Authority shall organize elections for a new governor of the town.

Interim of the office

ARTICLE 134.78

If the office of governor of the town becomes vacant or if the governor of the town is suspended from office or if he is in a temporary incapacity to exercise his duties, the interim is ensured by a county councilor, appointed by the county council, by majority vote of its members.

Papers of the governor of the town

ARTICLE 134.79

(1) In the exercise of his duties, the governor of the town issues dispositions of a normative or individual nature. These become executory only after they are made public or after they were communicated to the interested parties, as appropriate, by the secretary of the county.

(2) The dispositions of the governor of the town are published on the county's website.

Allowance and other entitlements

ARTICLE 134.80

The allowance and other entitlements of the governor of the town are established by law.

The general mayor of the municipality of Bucharest

ARTICLE 134.81

The provisions of the articles 134.67 – 134.80 shall apply, accordingly, also in the case of the general mayor of the municipality of Bucharest.
 

159. After Chapter III.1, a new chapter is inserted, Chapter III.2, as follows:

The name of the chapter shall be: "Community associations"

The chapter shall have the following contents:

Establishment and role

ARTICLE 134.82

 "(1) In the localities of the country, community associations are established, of which are part all the voting citizens of the localities. In the municipality of Bucharest, the community associations are established in each sector of the municipality.

(2) The community associations ensure the organizational framework through which the citizens of the country participate directly in the exercise of the sovereignty of the people, in making the political decisions which affect their life and the life of their communities, by which they directly control the activity of the local authorities and state authorities.

Organization and operation

ARTICLE 134.83

(1) The establishment, organization and operation of the community associations are established by law. The community associations are legal entities of public law.

(2) The supreme governing body of the community associations is the general assembly, attended by all its members, directly, or by representatives elected by citizen assemblies organized in the locality's subunits - hamlets, villages, streets, neighborhoods etc. - according to the bylaws of the association.

(3) The general assembly of the community association meets every 4 years, two weeks before the local elections, or whenever necessary, at the request of the President of the association, or at the request of at least 5% of the number of association members.

(4) The general assembly of the association elects, from among its members, a president of the association and a management committee, which lead the activity of the association between two general assemblies and perform the duties stipulated in the association's bylaws. The number of members for the management committee of the association is equal to half plus one of the number of members of the local council.

(5) The persons running for the office of president or member of the management committee of the community association must not be or have been members of a political party.

(6) In each county is established the County Union of Community Associations, which includes the community associations from all the localities in the county. In the municipality of Bucharest is established the Municipality Union of the Community Associations.

(7) The general assembly of the County Union of the Community Associations is composed of the presidents and members of the management committees of the community associations that are part of the union.

(8) The general assembly of the County Union of Community Associations elects, among its members, a president of the union and a management committee of the union, which lead the activity of the union between two general assemblies and perform the duties stipulated in the union's bylaws. The number of members for the management committee of the union is equal to half plus one of the number of members of the county council.

(9) The general assembly of the county union meets every 4 years, three weeks before the local elections, or whenever necessary, at the request of the President of the union, or at the request of at least 10% of the number of union members.

(10) Is established the National Union of Community Associations, which includes the county unions of community associations.

(11) The general assembly of the National Union of the Community Associations is composed of the presidents and members of the county unions of community associations.

(12) The general assembly of the National Union of Community Associations elects, among its members, a president of the union and a management committee of the union, which lead the activity of the union between two general assemblies and perform the duties stipulated in the union's bylaws. The number of members for the management committee of the union is equal to half of the country's counties plus the municipality of Bucharest.

(13) The general assembly of the National Union of Community Associations meets every 4 years, four weeks before the parliamentary elections, or whenever necessary, at the request of the President of the union, or at the request of at least 10% of the number of union members.

(14) Within the National Union of Community Associations, operates the Country Counsel, as an advisory body of the Union.

(15) The Country Counsel consists of 51 members elected by the General Assembly of the National Union of Community Associations from the personalities of the Romanian public life, aged over 50 years, who have not been and are not members of a political party, who were noted as fighters for the rights and freedoms of Romanians, as authors and promoters of projects meant to improve the social and economic life of the country.

(16) The mandate of the members of the Country Counsel is 6 years and may only be renewed once, by decision of the General Assembly of the National Union of Community Associations. During the mandate, the members of the Country Counsel can not perform any other public or private office.

(17) The Country Counsel issues opinions on all the decisions to be taken by the General Assembly of the National Union of Community Assocations, by the president of the union or the management committee of the union. The opinions of the Country Counsel are published on the website of the National Union of Community Associations as well as in the Official Gazette of Romania.

(14) The mayors of the localities are bound to ensure adequate spaces for the meeting of the general assemblies of community associations and their unions, as well as for the development of the activity of their management bodies.

15) The general assembly of the community association may decide to contribute, voluntarily, with their work, or with amounts of money, for the creation or purchase of goods entering and remaining in the public property of the community and in the administration of the local authority.

(16) The expenses incurred by the development of the activity of the community associations, county unions and national unions of the community associations are financed from the state budget, in accordance with the law.

(17) The state authorities and local authorities are bound to make available for the managemenet bodies of the community associations all the data and information they request, in the performance of their constitutional duties.

The duties of community associations

ARTICLE 134.84

The community associations fulfill the following duties:

a) supervise how the persons elected to public offices fulfill the obligations undertaken by electoral contracts, or by work contracts, and notify the Advocate of the People and the Moral Authority any violations of these obligations;

b) notify the prosecution if it finds that a public official has violated the law;

c) collect proposals formulated by their members on solving the problems they face and bring them to the attention of the local authorities and State authorities;

d) provide counsel for their members in the formulation of proposals of decisions which must be adopted by the local council, or by referendum, or in the formulation of legislative initiatives, which must be adopted by Parliament, or by referendum;

e) ensure counsel to their members for the initiation of local, county and national referendums;

f) organize investigations and research on the consequences that the decisions of the local authorities and state authorities have on the lives of the citizens, the localities, the counties, the country, from which reports shall be elaborated, from which reports shall be elaborated which shall be brought to the attention of their members;

g) organize investigations and research on how money of the local budget, county budget and state budget is spent, from which reports are elaborated which are brought to the attention of their members and the Court of Auditors;

h) organize investigations and research on the negative consequences the activities developed by economic agents have on life, natural and cultural heritage of the localities in the country, after which reports are elaborated, which are brought to the attention of their members, the local authorities and state authorities, with responsibilities in dealing with these consequences;

i) organize investigations and research on how the state authorities and local authorities fulfill the duties established by the Constitution and by law, after which reports are elaborated which are brought to the attention of their members and the respective authorities;

j) organize protests of their members against the normative acts adopted by the local authorities or state authorities in violation of the law, against the actions of those authorities who violate the constitutional rights and freedoms of the citizens, as well as against the companies whose activity has a negative impact on life, on the natural and cultural heritage of the localities of the country;

k) issue opinions on draft decisions which are to be adopted by the local or county councils, or by referendum, which they bring to the attention of the respective councils and their members;

l) issue opinions on draft normative acts which are to be adopted by the Government and ministries, which they bring to the attention of the Government and their members;

m) issue opinions on draft laws which are to be adopted by the Parliament, or by referendum, which they bring to the attention of the Parliament and their members;

n) issue opinions on people which are running for public offices, which they bring to the attention of their members, the electorate and the authorities mandated with the appointment to public offices;

o) name their representatives in the committees of evaluation and selection of projects financed from the National Fund for Distributive Capital;

p) name their representatives in the Superior Council of the Magistracy, National Media Council, National Financial Council, National Electoral Council, National Statistic Council, National Integrity Council, National Council for Science, Technology, Innovation and Development, in the technical-scientific councils of ministries, supervisory councils of the National Bank of Romania, National Fund for Distributive Capital, National Fund for Public Pensions, National Fund for Unemployment, National Fund for Health Insurance, the Savings and Consignments House, national and local administrations, in the permanent and special committees of the House of Representatives, of the county councils and local councils, in the electoral bureaus.

 
160. Article 135 is modified and will have the following contents:

"(1) The economy of Romania is a democratic economy, based on the private ownership of the capital, distributed in the mass of the country's citizens, on free initiative and competition, on the encouragement of production work and equitable distribution of the results of the economic activity between the participants to this activity.

(2) The State is bound to take measures to ensure:

a) freedom of trade with the protection of loyal competition;

b) prevent speculation and appropriation of undue income;

c) equitable remuneration of the production factors, through the continued growth of the share of labor remuneration in the total value of income created in the national economy;

d) equitable distribution of the income obtained from employment, through the continued reduction of the ratio between the minimum gross wage and average gross wage achieved in the national economy;

e) the establishment and administration of the National Fund for Distributive Capital, which would collect at least one fifth of the country's Gross Domestic Product and be used for the appropriation of the country's citizens with productive capital: land, buildings, machinery, facilities, equipment, patents, licenses etc.;

f) the establishment and administration of the National Fund for Public Pensions, so that the public pensions be as close as possible to the value of the average wage made by each participant in the minimum contribution period, established by law;

g) protection of the national capital, so that it holds an increasing share in the total capital used in the national economy;

h) stimulation of national scientific and technological research, so that the value of the products and services produced with Romanian technologies hold an increasing share in the country's Gross Domestic Product;

i) exploitation of the country's national resources, publicly owned, in accordance with the national interest, through autonomous administrations and institutions of the Romanian state, with the state's obligation to care for the heritage of natural resources left for future generations;

j) provision of free, high quality public services for all citizens of the country;

k) protection of the environment and maintenance of the ecological balance;

l) the balanced economic development of all localities and counties of the country;

m) application of the economic development policies of the European Union, in accordance with the national interest.”

(3)  The state is bound to keep records of the economic indicators mentioned in paragraph (2), letters c)-h) and to publish the level and dynamics of these indicators in the Romanian Statistical Yearbook.

(4)  Candidates for the office of the President of Romania are bound to include the economic indicators mentioned in paragraph (2) in Romania's National Development Programs subject to approval by the people in the presidential election campaign.

(5) It is forbidden to conclude economic contracts with secret provisions between the Romanian state, autonomous administrations, Romanian public institutions and local authorities, on the one hand, and third parties, on the other hand."

 

161. After article 135, a new article is introduced, 135.1, as follows:

The name of the article shall be: "National Fund for Distributive Capital"

The contents of the article shall be:

"Article 135.1

(1) The National Fund for Distributive Capital is a public institution, with legal personality, which operates subordinated to the Government.

(2) The objectives of the National Fund for Distributive Capital are:

a) creation of a secure and permanent source for making productive investments, generating income and jobs;

b) compensations for the Romanian citizens for the capital that was abusively seized by Law 15/1990 and by the profits made by this capital;

c) the continuous appropriation with capital for the country's citizens, so that, in Romania, would operate a democratic economy, in which the majority of the capital enters and remains in the private ownership of the majority of the citizens.

(3) The income of the National Fund for Distributive Capital is formed from the following sources:

a) the progressive tax on property;

b) income from capital in the administration of the National Fund for Distributive Capital;

c) income cashed by the state through the application of the legal provisions relating to the control of assets;

d) other sources provided by law.

(4) The progressive tax on property is established so that, from the sources mentioned at paragraph (3), to ensure the undertaking at the National Fund for Distributive Capital of the equivalent of one fifth of Romania's Gross Domestic Product, each year.

(5) The revenues collected at the National Fund for Distributive Capital are used to finance productive investment projects, implemented in Romania, elaborated in accordance with the provisions of Romania's Development Strategy. Productive investments are expenses incurred for the creation of new fixed assets, as defined by law.

(6) The revenues collected at the National Fund for Distributive Capital are distributed by Sectoral Operational Programs, according to the law, so that it ensures the balanced and sustainable development of all branches and sectors of activity generating income and jobs.

(7) Each citizen of Romania, aged over 18 years, who is a pensioner of the Romanian citizen, or employed in Romania with a work contract, or that develops independent economic activities authorized in Romania, or who left Romania after December 22 1989, in search of a job, is entitled to become a beneficiary of the National Fund for Distributive Capital and to receive an individual quota equal to the equivalent of the amount of 100,000 lei, one time, to use for financing investment projects, according to the law. The value of the invidual quota can be modified, by law, depending on the inflation and the evolution of Romania's Gross Domestic Product and the number of Romanian citizens.

(8) The citizens can use their individual quotas received from the National Fund for Distributive Capital for financing projects initiated by them, as authorized physical persons, according to the law, or as a contribution to the social capital of some legal persons, in which they are members, as associates or shareholders, contribution used to finance projects initiated by these legal persons. The citizens can use their individual quotas received from the National Fund for Distributive Capital and for the acquisition capital offered for sale by the Fund.

(9) The amounts collected at the National Fund for Distributive Capital are transformed in individual quotas and are made available for the beneficiaries of the Fund, in installments, by projects contests, organized according to the law. The projects contests are organized annually, separately for each Sectoral Operational Program. Are selected and admitted for financing the projects that obtain the highest number of points.

(10) The capital resulted from the implementation of investment projects entering the private property of the persons that initiated the projects financed with money receivd from the National Fund for Distributive Capital.

(11) The entire capital in the private ownership of the Romanian state on the date the present law entered into force, which is not in the patrimony administered by autonomous administrations, passes in the administration of the National Fund for Distributive Capital.

(12) The entire capital illegally sold by the Romanian state until the entry into force of the present law is confiscated and passed in the administration of the National Fund for Distributive Capital.

(13) The National Fund for Distributive Capital is bound to use part of its income to redeem capital legally sold by the Romanian state until the entry into force of the present law. Redemption is done at the price at which the capital was sold, indexed with the inflation ratio and corrected with the investments made by the buyer and the profits appropriated by it. After redemption, this capital is passed in the administration of the National Fund for Distributive Capital.

(14) The National Fund for Distributive Capital is bound to transfer to the administration of the National Fund for Public Pensions the share of the value of the capital passed in its administration, by applying the provisions of paragraphs (11), (12) and (13), equal to the value of the net asset value of the National Fund for Public Pensions, established according to the law.

(15) The National Fund for Distributive Capital is bound to offer for sale the entire capital left in its administration to the beneficiaries of the Fund, who can buy it only with the individual quotas received from the Fund.

(16) The National Fund for Distributive Capital fully finances the value of the projects initiated by the beneficiaries of the Fund, which are approved to be co-financed from other sources also, including from European Union funds, then recover from the respective financiers the parts co-financed by them, according to the law.

(17) The National Fund for Distributive Capital can establish stock companies aimed at creating new production capacities in various branches of the national economy. After the commissioning of the new production capacities, the Fund offers for sale the stock of the respective companies, which can be bought only by the beneficiaries of the Fund, in the limit of the individual quotas received from the Fund.

(18) The assets created or purchased with money received from the National Fund for Distributive Capital can not be alienated.

(19) Young people, aged up to 35 years, who do not have and have not had a home ownership, can opt for half of their individual quota to be used for the partial or full payment of the price of their first home.

(20) The National Fund for Distributive Capital is lead by a Governor, appointed by the President of Romania.

(21) The Governor of the National Fund for Distributive Capital must have higher economic training, high professional competence, an experience of at least 10 years in the banking and financial activities or in the higher economic education and has been noted as author and promoter of projects meant to improve the operation of the Romanian economy.

(22) The office of Governor of the National Fund for Distributive Capital is incompatible with any other office, public or private.

(23) In the exercise of his duties, the Governor of the National Fund for Distributive Capital issues decisions that are published on the website of the National Fund for Distributive Capital and in the Official Journal of Romania.

(24) Within the National Fund for Distributive Capital, operates the Supervisory Board, as an advisory body to the Governor of the National Fund for Distributive Capital.

(25) The Supervisory Board is composed of 7 experts in the field of finance, of which 3 are proposed by the professional organizations of the economists in Romania, legally established, and 4 are appointed by the National Union of Community Associations, all being validated, in office, by the President of Romania.

(26) The candidates for the office of member of the Supervisory Board are highly qualified specialists, personalities of the public life, who have distinguished themselves as authors and promoters of projects meant to improve the operation of the Romanian economy.

(27) The mandate of the members of the Supervisory Board is 6 years and may only be renewed once, by decision of the President of Romania.

(28) The Supervisory Board approves all the decisions of the Governor of the National Fund for Distributive Capital. The opinions of the Supervisory Board are published on the website of the National Fund for Distributive Capital and in the Official Gazette of Romania.

(29) The organization and operation of the National Fund for Distributive Capital are established by law."
 

162. After article 135.1, a new article is introduced, 135.2, as follows:

The name of the article shall be: "National Fund for Public Pensions"

The contents of the article shall be:

"Article 135.2

(1) The National Fund for Public Pensions is a public institution, with legal personality, which operates subordinated to the Government.

(2) The National Fund for Public Pensions is fueled with the contributions for public pensions paid by employees and employers, established by law. If necessary, the Romanian state can support the National Fund for Public Pensions with amounts allocated from the state budget, according to the law. The citizens can participate also in private pension funds, which are optional.

(3) The contributions for public pensions are established and administered so that they ensure for each participant to the fund a pension as close as possible to the value of the average wage earned by him/her in the minimum contribution period, established by law;

(4) The pensions from the National Fund for Public Pensions are calculated and awarded on the basis of the contributivity principle.

(5) The revenues of the National Fund for Public Pensions are used for the payment of the pensions payable to the participants in the Fund.

(6) The liquidities of the National Fund for Public Pensions are kept at the Savings and Consignments House, in interest bearing deposits.

(7) It is prohibited the use of the resources of the National Funds for Public Pensions for financing the national public budget expenditures.

(8) The provisions of paragraphs (20)-(29) of article 135.1 shall also apply, accordingly, to the National Fund for Public Pensions."
 

163. After article 135.2, a new article is introduced, 135.3, as follows:

The name of the article will be: "The National Fund for Unemployment"

The contents of the article shall be:

"Article 135.3

(1) The National Fund for Unemployment is a public institution, with legal personality, which operates subordinated to the Government.

(2) The National Fund for Unemployed is fueled with the contributions for unemployment paid by employees and employers, established by law. If necessary, the Romanian state can support the National Fund for Unemployment with amounts allocated from the state budget, according to the law.

(3) The contributions for unemployment are thus established and administered to ensure for each participant in the fund unemployment benefits for 6 months to a value as close as possible to the value of the average wages made by him/her in the last 3 years of employment.

(4) The revenues of the National Fund for Unemployment are used for the payment of the unemployment benefits payable to the participants in the Fund.

(5) The provisions of paragraphs (6)-(8) of article 135.2 shall also apply, accordingly, to the National Fund for Unemployment."

 

164. After article 135.3, a new article is introduced, 135.4, as follows:

The name of the article shall be: "The National Fund for Health Insurance"

The contents of the article shall be:

"Article 135.4

(1) The National Fund for Health Insurance is a public institution, with legal personality, which operates subordinated to the Government.

(2) The National Fund for Health Insurance is fueled with the contributions for health insurance paid by employees and employers, established by law. If necessary, the Romanian state can support the National Fund for Health Insurance with amounts allocated from the state budget, according to the law. The citizens can participate also in private medical insurance funds, which are optional.

(3) The contributions for health insurance are thus established and administered so as to ensure for each participant in the fund the payment for medical services and medicines they need.

(4) The provisions of paragraphs (6)-(8) of article 135.2 shall also apply, accordingly, to the National Fund for Health Insurance."
 

165. After article 135.4, a new article is introduced, 135.5, as follows:

The name of the article shall be: "The National Fund for Innovation"

The contents of the article shall be:

"Article 135.5

(1) The National Fund for Innovation is a public institution, with legal personality, which operates subordinated to the Government.

(2) The National Fund for Innovation is fueled with the royalties paid for the production of the product and the use of technologies produced by the application of inventions and innovations financed by the Fund. If necessary, the Romanian state can support the National Fund for Innovation with amounts allocated from the state budget, according to the law.

(3) The revenues of the National Fund for Innovation are used for the financing of applied research activities for the transformation of the inventions and innovative ideas in new technologies and products meant for marketing.

(4) The provisions of paragraphs (6)-(8) of article 135.2 shall also apply, accordingly, to the National Fund for Innovation."
 

166. After article 135.5, a new article is introduced, 135.6, as follows:

The name of the article shall be: "The National Fund for the Environment"

The contents of the article shall be:

"Article 135.5

(1) The National Fund for the Environment is a public institution, with legal personality, which operates subordinated to the Government.

(2) The National Fund for the Environment is fueled with the fines paid for environmental alteration.

3) The revenues of the National Fund for the Environment are used for the restoration of the altered environment and for the maintenance of the ecological balance.

(4) The provisions of paragraphs (6)-(8) of article 135.2 shall also apply, accordingly, to the National Fund for the Environment."
 

167. After article 135.6, a new article is introduced, 135.7, as follows:

The name of the article shall be: "The National Floating Currency Fund"

The contents of the article shall be:

"Article 135.7

(1) The National Floating Currency Fund is a public institution, with legal personality, which operates subordinated to the Government.

(2) The Floating National Currency Fund is created, according to the law, by buying currency assets with amounts of money from:

a) the monetary emissions made by the National Bank of Romania;

b) the surpluses of the state budget.

(3) The National Floating Currency Fund is supplemented by the revenues generated by the currency assets held by the Fund.

(4) It is prohibited the contracting of loans for the increase of the National Floating Currency Fund.

(5) It is prohibited the granting of loans from the National Floating Currency Fund.

(6) The currency assets owned by the National Floating Currency Fund are used only for the performance of external payments in exceptional circumstances, when the country is in a state of mobilization, war, emergency or siege.

(7) The currency assets owned by the National Floating Currency Fund is in the public ownership of the Romanian people and are administered by the Romanian state, through the Ministry of Public Finance.

(8) The provisions of paragraphs (7) and (8) of article 135.2 shall also apply, accordingly, to the National Floating Currency Fund."
 

168. After article 135.7, a new article is introduced, 135.8, as follows:

The name of the article shall be: "The Savings and Consignments House"

The contents of the article shall be:

"Article 135.8

(1) The Savings and Consignments House, abbreviated CEC, is a credit institution, with legal personality, whose capital is in public ownership and in the administration of the Romanian state.

(2) The Savings and Consignments House has the fundamental objective of developing the saving spirit and good money management, as well as safekeeping the liquidities of the country's citizens and their investment for increasing the production capacity of the country.

(3) The liquidities of the Savings and Consignments House are used, exclusively, to grant investment credits to small and medium enterprises.

(4) The cash deposits constituted at the Savings and Consignments House are fully guaranteed by the Romanian state, under the law.

(4) The profits made by the Savings and Consignments House are made revenues for the National Fund for Distributive Capital.

(5) The provisions of paragraphs (7) and (8) of article 135.2 shall also apply, accordingly, to the Savings and Consignments House."
 

169. After article 135.8, a new article is introduced, 135.9, as follows:

The name of the article shall be: "The autonomous administrations"

The contents of the article shall be:

"Article 135.9

(1) The autonomous administrations are economic entities, with legal personality, having as main object of activity the production and supply of goods and services of public interest and use, through the administration of capital in public ownership.

(2) The autonomous administrations are constituted in those sectors of the national economy which have the character of natural monopoly or state monopoly or which presents a strategic importance for the Romanian people, as a whole, or for the local communities of the country.

(3) The autonomous administrations are established, by law, subordinated to the Government, or by decision of the local council, subordinated to the mayor of the locality.

(4) The profits made by the autonomous administrations are made revenues for the National Fund for Distributive Capital.

(5) All the companies and national companies which conduct activities constituting a state monopoly are reorganized as autonomous administrations.

(6) The Autonomous Administration is headed by an Administrator, appointed by the President of Romania, for the administrations subordinated to the Government, and by the mayor, for the administrations subordinated to the local council.

(7) The Administrator of the Autonomous Administration must have a higher economic training, high professional competence, an experience of at least 10 years in banking and financial activities or in the higher economic education and has been noted as author and promoter of projects meant to improve the operation of the national economy, or the local economy, as applicable.

(8) The office of Administrator of the Autonomous Administration is incompatible with any other office, public or private.

(9) In the exercise of his duties, the Administrator of the Autonomous Administration issues decisions that are published on the website of the Administration and in the Official Gazette of Romania.

(10) Within the Autonomous Administration, operates the Supervisory Board, as an advisory body to the Administrator of the Administration.

(11) The Supervisory Board is comprised of 7 experts in the field of finance, of which 3 are proposed by the professional organizations of the economists in Romania, legally established, and 4 are appointed by the National Union of Community Associations, or by the Community Association, as applicable, all being validated, in office, by the President of Romania, or by the mayor of the locality, as applicable.

(12) The candidates for the office of member of the Supervisory Board are highly qualified specialists, personalities of the public life, who have distinguished themselves as authors and promoters of projects meant to improve the operation of the national economy, the local economy, as applicable.

(13) The mandate of the members of the Supervisory Board is 6 years and may only be renewed once, by the decisions of those who appointed them.

(14) The Supervisory Board approves all the decisions of the Administrator of the Autonomous Administration. The opinions of the Supervisory Board are published on the website of the Administration and in the Official Gazette of Romania.

(16) The organization and operation of the Autonomous Administration are established by law."
 

170. After article 135.8, a new article is introduced, 135.9, as follows:

The name of the article shall be: "The regime of the state monopoly"

"Article 135.9

(1) Constitutes state monopoly:
a) the production and import, in view of commercialization, of the weapons, ammunition and explosives;
b) the production and import, in view of commercialization, of drugs and narcotics;
c) the extraction and processing, in view of commercialization, of the mineral resources;

d) the exploitation and commercialization of water resources;

e) the exploitation of railways and public roads;

f) the transport, distribution and commercialization of electricity;

g) the exploitation of the forestry fund in public ownership;

h) the production and issuance of postage stamps and fiscal stamps;
i) the manufacture and import, in view of commercialization, of alcohol and distilled spirits;
j) the manufacture and import, in view of commercialization, of the tobacco products and cigarette paper;
k) the organization and exploitation of stakes game systems, direct or covert;
l) the organization and exploitation of the sports forecasts.
(2) It does not constitute state monopoly the manufacture of alcoholic beverages in private households for own consumption.

(3) The administration of state monopolies mentioned in paragraph (1) shall be made by the Romanian state.

(4) The exploitation of activities constituting state monopoly is done by public institutions or profile autonomous administrations, established as subordinated to the Government or the local authorities, on the basis of licenses issued by the competent ministry.

(4) It is prohibited the exploitation of the activities which constitute state monopoly by private entities."

 

171. After article 135.9, a new article is introduced, 135.10, as follows:

The name of the article shall be: "The international reserves of Romania"

The contents of the article shall be:

"Article 135.10

(1) The international reserves of Romania consist of gold held in treasury in the country.

(2) The international reserves of Romania are created, according to the law, by buying gold with amounts of money from:

a) the monetary emissions made by the National Bank of Romania;

b) the surpluses of the state budget.

(3) It is prohibited the contracting of loans for the increase of the international reserves of Romania.

(4) It is prohibited the granting of loans for the increase from the international reserves of Romania.

(5) The international reserves of Romania are used only for the performance of external payments in exceptional circumstances, when the country is in a state of mobilization, war, emergency or martial law.

(6) The international reserves of Romania is in the public ownership of the Romanian people and are administered by the Romanian state, through the Ministry of Public Finance."
 

172. After article 135.10, a new article is introduced, 135.11, as follows:

The name of the article shall be: "The protection of loyal competition"

The contents of the article shall be:

"Article 135.11

(1) The law should prohibit and penalize any agreements between enterprises, any decisions by the associations of enterprises and any concerted practices which have as their object or effect the prevention, restriction or distortion of free competition within the national market and, in particular, those which:

(a) establish, directly or indirectly, purchase or sale prices or any other trading conditions;

(b) limit or control the production, commercialization, technical development or investments;

(c) share markets or supply sources;

(d) applies, in the relations with the commercial partners, unequal conditions to equivalent transactions, thus placing them at a competitive disadvantage;

(e) condition the conclusion of contracts to the acceptance by partners of some

supplementary obligations which, by their nature or in accordance with commercial usages, have no connection

with the object of such contracts.

(2) Any agreements or decisions prohibited under paragraph (1) shall be null and void.

(3) However, the provisions of paragraph (1) may be declared inapplicable in the case of:

— any agreements or categories of agreements between enterprises;

— any decisions or categories of decisions of the associations of enterprises;

— any concerted practices or categories of concerted practices which contribute to the improvement of the production or distribution of products or to the promotion of the technical or economic progress, while allowing consumers a fair share of the results and which:

(a) do not impose on the enterprises in question restrictions which are not indispensable to the attainment of these objectives;

(b) do not offer the enterprises the possibility to eliminate the competition in regards to a substantial part of the products concerned.

(4) The law shall prohibit and penalize any abuse of one or several enterprises of a dominant position in the national market or on a significant part of it.

Such abusive practices may, in particular, consist of:

(a) imposition, directly or indirectly, of purchase or sale prices or any other inequitable trading conditions;

(b) limitation of production, commercialization or technical development to the disadvantage of the consumers;

(c) application in the relations with commercial partners of unequal conditions to equivalent transactions,

thus placing them at a competitive disadvantage;

(d) condition the conclusion of the contracts to the acceptance by partners of some supplementary obligations which, by their nature or in accrodance with commercial usages, have no connection with the object of such contracts.
 

173. After article 135.11, a new article is introduced, 135.12, as follows:

The name of the article shall be: "The protection of consumers"

The contents of the article shall be:

"Article 135.12

(1) The law must provide measures to protect the health, safety and economic interests of the consumers and ensure the exercise the consumers' rights to information, education and organization in view of defending their interests.

(2) The law should provide simple and operative procedures for the resolution of consumer demands and their organizations.

(3) Nobody can be bound to pay the price of a good that was not delivered, or works that were not executed or services that were not rendered. The contracts in violation of this provision shall be affected by absolute nullity.

(4) In the execution of service level agreements with continuous supply, at the first invoice unpaid in time, the contract is terminated and the service provision ceases. Continuation of service provision is done at the expense of the provider.

(5) Nobody can be bound to pay delay penalties greater than the value of the debt, indexed to the inflation index.
 

174. Article 136 shall be abrogated.

175. Article 137 shall be abrogated.

 

176. Article 138 is amended and supplemented as follows:

Paragraphs (1) and (2) shall have the following contents:

"(1) The national public budget includes the state budget, the local budgets of communes, cities and counties and funds mentioned in articles 135.1-135.7 of the Constitution.

(2) The Government elaborates annually the draft for the state budget, which is submitted to the Parliament for approval."

After paragraph (2), four new paragraphs shall be introduced, with the following contents:

"(2.1) The Government is bound to submit for the approval of the Parliament only balanced state budgets or with surpluses.

"(2.2) The executive local authorities are bound to submit for the approval of the deliberative local authorities only balanced local budgets or with surpluses.

(2.3) The law establishes the principles to be observed in the allocation of subsidies from the state budget to local budgets.

(2.4) The law by which the state budget is approved shall specify the amounts allocated from the state budget for each county, commune or city, in order ensure the financial resources required for the normal operation of all the local public institutions."

Paragraph (3) shall have the following contents:

"(3) If the state budget law, respectively, the decision for the approval of the local budget, has not been adopted at least 3 days before the expiry of the budgetary exercise, the state budget applies, respectively the local budget, of the previous year, until the adoption of the new budget. If the state budget is not approved at least 3 days before the expiry of the budgetary exercise, the Parliament is dissolved and early parliamentary elections are organized, in accordance with the law."

After paragraph (5), two new paragraphs shall be introduced, with the following contents:

"(5.1) It is prohibited to contract loans to fund the expenditures of the state budget or local budgets.

(5.2) In case of mobilization or war or the imposition of a state of siege or emergency, the Government can contract loans to cover the expenditures of the state budget, with the approval of the House of Representatives, according to the law."
 

177. Article 139 is amended, as follows:

Paragraph (1) shall have the following contents:

"(1) Taxes, fees and other revenues of the state budget are established only by law."
 

178. Article 140 is amended and supplemented as follows:

Paragraph (1) shall have the following contents:

"(1) The Court of Auditors exercises control over the establishment, administration and use of capital in public ownership and the financial resources of the state and local authorities. Under the law, the disputes arising from the activity of the Court of Auditors shall be settled by the specialized courts."

Paragraph (2) shall have the following contents:

"(2) The Court of Auditors shall submit annually to the House of Representatives and the President of Romania a report on the accounts of the national public budget from the expired budgetary exercise, including the irregularities ascertained and the material and criminal liabilities of those involved in the management of the national public budget. The annual report is submitted to the House of Representatives and to the President of Romania and is published in the Official Gazette of Romania and on the website of the Court of Auditors, no later than June 30 of the year following the year to which it relates."

After paragraph (2), a new paragraph shall be introduced, with the following contents:

(2.1) The Court of Auditors shall submit annually to the House of Representatives and the President of Romania a report on how the capital in public ownership was managed and in the administration of the state and the local authorities in the expired financial exercise, including also the irregularities ascertained and the material and criminal liabilities of those involved in the management of this capital. The annual report is submitted to the House of Representatives and to the President of Romania and is published in the Official Gazette of Romania and on the website of the Court of Auditors, no later than June 30 of the year following the year to which it relates. The first annual report elaborated after the entry into effect of the present law refers also to the manner in which the entire capital transfered to the ownership of the state and local authorities was managed by Law 15/1990, including the irregularities ascertained and the material and criminal liabilities of those involved in the administration of this capital."

Paragraph (3) shall have the following contents:

"(3) At the request of the House of Representatives, of the President of Romania, or at least 10,000 citizens eligible to vote, the Court of Auditors controls the method of management of the public resources and reports on its findings."

After paragraph (3), eight new paragraphs shall be introduced, with the following contents:

"(3.1) The Court of Auditors led by a President, elected by the people.

(3.2) The candidates for the office of President of the Court of Auditors must have a higher economic training, high professional competence, an experience of at least 10 years in economic activities or in the higher economic education and have been noted as authors and promoters of projects meant to improve the administration of the financial resources of the Romanian state.

(3.3) The provisions of article 134.1, paragraphs (14)-(20) shall also apply, accordingly, to the President of the Court of Auditors.

(3.4) Within the Court of Auditors, operates the Supervisory Board, as an advisory body to the President of the Court of Auditors.

(3.5) The Supervisory Board is comprised of 7 experts in the field of finance, of which 3 are proposed by the professional organizations of the economists in Romania, legally established, and 4 are appointed by the National Union of Community Associations, all being validated, in office, by the President of the Court of Auditors.

(3.6) The candidates for the office of member of the Supervisory Board are highly qualified specialists, personalities of the public life, who have distinguished themselves as authors and promoters of projects meant to improve the operation of the Romanian economy.

(3.7) The mandate of the members of the Supervisory Board is 6 years and may only be renewed once, by decision of the President of the Court of Auditors.

(3.8) The Supervisory Board approves all the decisions of the President of the Court of Auditors. The opinions of the Supervisory Board are published on the website of the Court of Auditors and in the Official Journal of Romania.

Paragraph (4) shall have the following contents:

"(4) The 18 accounts controllers of the Court are appointed by the President of the Court of Auditors for a mandate of 4 years, which may only be renewed once. They are independent in the exercise of their mandate. They are subject to the incompatibilities provided for judges."

Paragraph (5) shall be abrogated.

Paragraph (6) shall have the following contents:

"(6) Revocation of the members of the Court of Auditors is made by the President of the Court of Auditors, in the cases and conditions provided by the law."

After paragraph (6), a new paragraph shall be introduced, with the following contents:

"(9) The organization and operation of the Court of Auditors are established by law."
 

179. Article 141 shall be abrogated.
 

180. Article 142 is amended and supplemented as follows:

Paragraph (2) shall have the following contents:

"(2) The Constitutional Court is comprised of nine judges, of which one President, elected by universal, equal, direct, secret and freely expressed vote and eight judges, appointed by the President of the Constitutional Court, for a mandate of 4 years, which may only be renewed once."

Paragraph (3) shall have the following contents:

"(3) The provisions of articles 81, paragraph (2)-(4), 82, paragraph (2), 83, 84, 95, 96 and 97, shall also apply, accordingly, to the President of the Constitutional Court."

Paragraph (4) shall have the following contents:

"(4) The results of the election for the office of President of the Constitutional Court is validated by the High Court of Cassation and Justice"

Paragraph (5) shall have the following contents:

"(5) If the office of President of the Constitutional Court becomes vacant or if the President of the Consitutional Court is suspended from office or is temporarily unable to exercise his duties, the interim is ensured by a judge of the High Court of Cassation and Justice, appointed by the President of the Judicial Authority."

After paragraph (5), two new paragraphs shall be introduced, with the following contents:

"(6) The President of the Constitutional Court is discharged from office, by referendum, with a number of votes equal to at least the number of votes with which he was elected, at the request of the President of Romania, of the House of Representatives of at least 250,000 citizens eligible to vote.

(7) The organization and operation of the Constitutional Court are established by law."
 

181. Article 143 is amended, as follows:

The name of the article shall be: "Conditions for nomination and election".

The contents of the article shall be:

"(1) The judges of the Constitutional Court must have higher legal training, high professional competence and moral integrity, have not been members of a political party, must not be elected or appointed in office by a political party, have not been elected or appointed for a public office by a political party, have distinguished themselves as authors and promoters of projects meant to ensure the improvement of the organization and operation of the Romanian state.

(2) The candidates for the office of President of the Constitutional Court must present to the electorate the Constitution defense Program, for the realization of which he is bound to act, as President of the Constitutional Court, if elected.

(3) The Constitution defense Program constitutes the electoral contract of the candidate. It shall be signed by the candidate for the office of President of the Constitutional Court, shall be printed and made available to the electorate, for the duration of the election campaign. A copy of this document shall be submitted to the Electoral Authority, before the commencement of the election campaign."
 

182. Article 144 is modified and will have the following contents:

(8) The office of judge of the Constitutional Court is incompatible with any other office, public or private."
 

183. Article 145 is amended, as follows:

The name of the article shall be: "Independence"

The contents of the article shall be:

"The judges of the Constitutional Court are independent in the exercise of their mandate."


184. Article 146 is modified and shall have the following contents:

a) adjudicate on the constitutionality of the laws, before their promulgation, at the notification of the President of Romania, of the President of the House of Representatives, of the Presidnet of the Judicial Authority, of the People's Advocate, of a number of at least 30 members of parliament, of a number of at least 10,000 citizens eligible to vote, as well as, ex officio, on the initiatives to revise the Constitution;

 b) adjudicate on the constitutionality of the treaties or other international agreements, at the notification of the President of Romania, of the President of the House of Representatives, of the People's Advocate, of a number of at least 30 members of parliament, of a number of at least 10,000 citizens eligible to vote, as well as, ex officio;

c) adjudicate on the constitutionality of the Regulation of the House of Representatives, at the notification of the President of the House of Representatives, of a parliamentary group, of a number of at least 30 members of parliament, of the People's Advocate, of a number of at least 10,000 citizens eligible to vote, as well as, ex officio;

d) decide on the exceptions of unconstitutionality regarding the laws and ordinances, raised in front of courts of law or of commercial arbitration. The exception of unconstitutionality can also be raised directly by the President of the Constitutional Court, by the President of the Judicial Authority, by the People's Advocate or by at least 10,000 citizens eligible to vote;

e) resolve the legal disputes of a constitutional nature between the state authorities, at the request of the President of Romania, of the President of the House of Representatives, of the President of the Judicial Authority, of the President of the Media Authority, of the President of the Financial Authority, of the President of the Electoral Authority, of the President of the Statistic Authority, of the President of the Moral Authority, of the President of the Scientific Authority and of the President of the Court of Auditors, or at the initiative of the President of the Constitutional Court;

f) guard the observance of the provisions of the Constitution regarding the election of the President of Romania, of the President of the Judicial Authority, of the President of the Media Authority, of the President of the Financial Authority, of the President of the Electoral Authority, of the President of the Statistic Authority, of the President of the Moral Authority, of the President of the Scientific Authority and of the President of the Court of Auditors and confirm the ballot returns;

g) ascertain the existence of the circumstances which justify the interim in the exercise of the offices of President of Romania, of President of the Judicial Authority, of President of the Media Authority, of President of the Financial Authority, of President of the Electoral Authority, of President of the Statistic Authority, of President of the Moral Authority, of President of the Scientific Authority and of President of the Court of Auditors and communicates its findings to the Parliament and the other interested authorities of the state;

h) give advisory opinion on the proposal for the suspension from office of the President of Romania, of the President of the Judicial Authority, of the President of the Media Authority, of the President of the Financial Authority, of the President of the Electoral Authority, of the President of the Statistic Authority, of the President of the Moral Authority, of the President of the Scientific Authority and of the President of the Court of Auditors;

i) Guard the observance of the provisions of the Constitution regarding the organization and validation of referendums and confirms their results;

j) verifies the fulfillment of the conditions established by the Constitution for the exercise of the legislative initiative by the citizens."
 

185. Article 147 is amended, as follows:

Paragraph (1) shall have the following contents:

"(1) The provisions of the laws and ordinances in effects, as well as those in the Regulation for the organization and operation of the House of Representatives, ascertained as unconstitutional, cease the judicial effects at 45 days after the publishing of the decision of the Constitutional Court if, in this period, the House of Representatives or the President of Romania, accordingly, do not reconcile the unconstitutional provisions with the provisions of the Constitution. During this period, the provisions declared unconstitutional shall be rightfully suspended."

After paragraph (4), two new paragraphs shall be introduced, with the following contents:

"(5) People can, by national referendum, modify, amend or cancel any decision of the Constitutional Court.

(6) The judges of the Constitutional Court are legally liable, individually, for the damages caused to the Romanian people by the decisions of the Constitutional Court for which they voted."
 

186. Chapter VI is abrogated
 

187. Article 150 is amended, as follows:

Paragraph (1) shall have the following contents:

"(1) The revision of the Constitution is initiated by the President of Romania, by at least one quarter of the number of members of parliament, as well as at least 250,000 citizens eligible to vote.

Paragraph (2) shall be abrogated.
 

188. Article 151 is modified and will have the following contents:

 "(1) The draft law regarding the revision of the Constitution must be adopted by the House of Representatives, with a majority of at least two thirds of its number of members.

 (2) In case the House of Representatives rejects the proposal for revision initiated by the President of Romania or by citizens, the Electoral Authority organizes a referendum, within 30 days from the date of rejection of the draft law by the House of Representatives, for the approval of the revision draft law rejected by the House.

 (3) In case people approve the draft law rejected by the House of Representatives, the House is dissolved and early parliamentary elections are organized.

(4) The revision draft law approved by the House of Representatives is subject to the approval of the people, by referendum, organized within 30 days from the adoption date.

(5) The revision of the Constitution is definitive, after its approval by the people, by referendum."
 

189. Article 152 is amended, as follows:

Paragraph (1) shall have the following contents:

"(1) The provisions of the present Constitution regarding the national, independent, unitary, indivisible and democratic character of the Romanian state, territorial integrity, control of the people over the state, separation and independence of the state authorities, political pluralism and the official language shall not be subject to revision."
 

190. Article 154 is amended, as follows:

Paragraph (2) shall have the following contents:

"(2) The Legislative Council, within 180 days from the date of the entry into effect of the present Constitution, shall examine the conformity of the legislation with the present law and shall make appropriate proposals to the House of Representatives or, as applicable, the President of Romania. In the same period, all the laws regarding the organization and operation of the state authorities stipulated under the present law shall be initiated and adopted, as well as the other laws necessary for the implementation of the provisions of the present law."
 

191. Article 155 is amended, as follows:

Paragraph (1) shall have the following contents:

"(1) Draft laws and legislative proposals to be passed on the date of entry into effect of the present law are debated and approved according to the provisions of the present law.

Paragraph (4) shall have the following contents:

(4) Within a period of 90 days from the entry into effect of the present law, the Government shall calculate the net asset value of the National Fund for Public Pensions and shall submit for the approval of the House of Representatives the law for the National Fund for Public Pensions, which shall stipulate also the sources for the supplementation of the net asset of this fund."

Paragraphs (5) and (6) are abrogated.

Art. II

The revision adopted by the present law is subject to approval by referendum organized according to the provisions of art. 151 paragraph (3) of the Constitution of Romania.

 

Afisari: 1982
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Colegiul de redactie

MIHAI EMINESCU
(Coordonator editorial şi moral)
Eudoxiu Hurmuzachi
Carmen Sylva
Vasile Alecsandri
Nicolae Densușianu
I.L. Caragiale
George Coșbuc
Vasile Pârvan
Nae Ionescu
Nicolae Iorga
Pamfil Şeicaru
Cezar Ivănescu
Dan Mihăescu
Stela Covaci

Colaboratori

Ciprian Chirvasiu, Dan Puric, Dan Toma Dulciu, Daniela Gîfu, Dorel Vişan, Firi╚Ťă Carp, Florian Colceag, Florin Zamfirescu, Laurian Stănchescu, Lazăr Lădariu, Mariana Cristescu, Marius Dumitru, Mădălina Corina Diaconu, Mircea Coloşenco, Mircea Chelaru, Mircea ╚śerban, Miron Manega (ispravnic de concept), Nagy Attila, Sergiu Găbureac, Zeno Fodor

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