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RECITALS to the draft law regarding the revision of the Constitution of Romania - Citizens' legislative initiative, 10.12.2013

Data publicarii: 12.02.2014 09:31:00

   

 

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.

 

 

RECITALS

To the draft law regarding the revision of the Constitution of Romania

- Citizens’ legislative initiative, 10.12.2013 - 

 

The Constitution of Romania, adopted by National Referendum on 8th of December 1991, revised by the National Referendum of 18th-19th of October 2003, proved to be entirely inadequate to the aspirations and desires of Romanian people, who experienced hardships during the last 70 years, starting with the implementation of the Molotov- Ribbentrop Pact, continuing with the takeover of 23rd of August, 1944, when the communist regime was installed in Romania, the takeover of 22nd of December 1989, when the current oligarchic regime has been installed, with its 23 years of destruction and plunder of the productive wealth accumulated by Romanians over the centuries, which brought nowadays the majority of Romanian citizens to the current slavery condition.

 

Set free from the communist regime through the supreme sacrifice of more than 1,000 young Romanians killed during the bloody December 1989, Romanian people, with its huge productive wealth accumulated through his own work during the communist regime, could and was entitled to build a democratic, productive and efficient economy, which would bring freedom, welfare and happiness and the opportunity to build a truly democratic state, its state, the people’s state, the people who would serve him, defend their rights and freedoms. 

 

With the productive wealth, the financial condition and the highly skilled workforce they had in 1990, Romanian people would have had today pensions, salaries and budget revenue four times higher than it has nowadays, his living standard would have been today among the highest in Europe and the world.

 

Unfortunately, the authors of the 1989 overthrow occurred in December seized Romanian rebellion and Romanian state, which they turned into a plunder instrument of people for their enrichment. They plundered and got richer. They destroyed, demolished thousands of plants and factories built by Romanians, which they sold as scrap metal and other construction materials, with the collected money they bought luxury consumer goods - houses, jeeps, yachts, etc. Most of the national capital was transferred to foreign ownership, through the so-called privatization, by selling at very low prices thousands of businesses, factories, trade premises and offices, banks etc. built with much labor and many losses by Romanian citizens.

 

With the help of inflation, Romanian state, through the National Bank of Romania, ruined the factories, the entire productive capital of the country, so that they could destroy them and sell them to those in the government and foreigners at very low prices. With the help of the same inflation, Romanian state, in less than a decade, during 1990-1997, reduced by half the purchase power of salaries and pensions, so that most citizens of Romania was brought to poverty, unable to save and invest, to create production capacities and jobs. 4 million jobs were destroyed, so that over 3 million Romanians were forced to leave abroad in search of work.

 

The end result of this destruction and plunder process is that Romania was brought into a colony state and most of the Romanian people were brought to slavery. Most of the capital used on the Romanian territory is the property of foreigners, transnational companies, thus most of the wealth created in Romania becomes the property of foreigners and leaves the country. The alienation of the national capital also caused unprecedented deterioration of the relationship between remuneration of labor and remuneration of capital. In Romania, the share of salaries, pensions and other income derived from salaries in the Gross Domestic Product (GDP) is under one-third, the rest being profit, while Switzerland, for example, as well as in other civilized countries of the world, the share of profit is under one third and the rest is salaries, pensions and other income derived from salaries.

 

The current disastrous state of Romanian economy and society was determined by the faulty way the Constitution adopted in 1991 and revised in 2003 was designed, the way in which this Constitution defined the relationship between people and the state, the way the tasks for different state components and the relationships between them were defined. Thus, a state totally out of the control of the people was created, a state controlled by the political and financial mafia created, in its turn, by the theft called privatization.

 

Although the Constitution stipulates at Article 1 that Romania is a democratic state, it is obvious that this is an empty word, with no relation to reality. A democratic state is a state where political power, the power to establish social standards, to adopt and enforce laws regulating the relationship between citizens and between the citizens and the state, belongs to the people (demos = people , kratos = power). Romanians were divested of the political power, which was seized by the authors of the overthrow occurred in December 1989 and is maintained by them, through the State they created.

 

The usurpers of the political power of Romanian people have used the state to seize Romanian capital accumulated by Romanians until 1989, as well as the profits of this capital after 1989. All this wealth passed to private ownership of the native minority, composed of those who came to Romanian leadership and foreigners who bought at very low prices most of the capital stolen by the government from Romanian people, according to Law 15/1990. Thus, a rich minority class was created, the oligarchy, which holds most of the capital used in Romania and totally controls the Romanian state. Consequently, currently, in Romania there is no democratic state, of the people, but an oligarchic state (oligos = less; arche = power), a minority state who got richer by the theft called privatization. 

 

Fundamental principles

 

Taking the people out of the economic, political, social and moral depression Romanian people was brought into by Romanian usurper state requires fundamental change of the fundamental law of the Romanian society, Romanian Constitution. This purpose is served by citizens’ legislative initiative concerning the revision of Romanian Constitution, which we propose for approval by Romanian people.

 

The revision draft law is based upon the following fundamental principles:

1. The state is created by the people. The state exists and functions under the control of the people. The objective of the state is to serve the people, defend the rights and freedoms of citizens, provide public services for all its citizens.

2. People can exercise control over the state, the political power if and only if the people also holds the economic power, if it owns the capital. The Constitution shall have the legal and financial mechanisms through which people can become and remain owner of the capital used in the national economy.

3. The state is composed of several components, called state authorities, completely separated one from another and totally independent one from another, mutually controlling and which are controlled by the people. Romanian state is proposed to be composed of nine components: legislative, executive, judiciary, media, financial, elective, ethics, statistics, scientific.

4. Romania is mother land of the Romanian people. Romanian State is bound to defend the national territory of his people, act relentlessly for the reunification of the mother country with the territories torn by those who participated in the Second World War.

5. Romania has a democratic economy, where most of the capital is in private ownership of most citizens.

 

Romanians, owners of the national capital and territory and natural resources of the country

 

The most important provision of the review project is to restore the property rights of Romanian people on the national capital, the national territory and the natural resources of the country. Only the restoration of property rights on the capital, land and natural resources of the country will make possible the restoration of other Romanian rights and freedoms.

 

Allotment of productive capital to citizens

 

The project stipulates the establishment of the National Fund of Distribution Capital, where one-fifth of the country’s GDP will be collected, mainly through the establishment of progressive tax on property. The money collected in this fund will be used for productive capital allotment to Romanian citizens: land, buildings, machinery, equipment, licenses, patents, etc. The objective is three-fold: a) set up a secure and permanent source for productive investment in the private sector of national economy, b) compensate Romanian citizens for the capital and profit they were divested by the so-called privatization and c) construction of the democratic economy, an economy where most of the capital enters and remains in private ownership of most of the country’s citizens. Passing the capital, the economic power in the hands of the many, of the people, will create a strong foundation of the democratic state, people’s state.

 

Romanian state will be bound to recover all appropriated capital according to Law 15/1990, which was sold based upon the privatization laws. The capital sold illegally will be confiscated. The capital sold legally will be redeemed. Redemption will be made with money from the National Distribution Capital Fund. Recovered capital will pass in the patrimony of National Public Pension Fund, until completion of the net assets of this Fund and the patrimony of the National Distribution Capital Fund and, further on, in the private property of the country’s citizens.

 

The State is public property administrator

In their search for plunder and enrichment, Romanian government invented the so-called PRIVATE property of the state. They not only transferred to the state property the goods owned by the Romanian people, but also passed most of these goods to the so-called private property of the State, in order to sell them, for them and the foreigners to buy at under-assessed prices.

The draft law proposed by citizens to review the Constitution abolishes this so-called state property, be it private or public. The State does not produce wealth, thus it cannot be the owner of any kind of goods. Only citizens, the people produce wealth. Only the people can be owner. The people decide that part of the wealth created by them should enter the public property of all citizens of the country or the local communities. The people, through the Constitution, entrust the state and the local authorities, to be used, the goods held in this public ownership. The State is not owner. The State is only user or administrator of the goods held in public ownership by the people.

 

The State is neither a trader, nor a merchant

The State cannot sell the goods of people’s public ownership. Goods into public ownership are inalienable, non-seizable and imprescriptible. Any good came into public property is used until worn completely, when it is removed from service and scrapped, according to the law. Any good came into public property is used for the purpose for which it was created or purchased, namely to provide public goods and services to citizens.

 

Natural resources exploited by Romanian authorities

 

The draft law binds Romanian State to exploit and capitalize the country’s natural resources by its own efforts, namely through autonomous authorities, subordinated to the government, or public local authorities. The draft law also proposes to reconstruct all autonomous authorities in the strategic or monopoly economic fields.

 

National Public Pension Fund. Justice for pensioners

 

Romanian post-December state also appropriated, based upon Law 15/1990, the capital accumulated by the Communist state from the social insurance contributions of the country’s citizens. The current pensioners in Romania have been twice dispossessed, plundered. The capital accumulated from pension contributions and the profits of the companies where they worked as employees during the communist regime. It would have been normal that in 1990 the value, to date, of the national public pension fund should be calculated and with this value, the Fund should have become shareholders in the companies created from the former public companies. Thus, Romanian pensioners would have received pensions from their pension fund, not from current employee contributions. Government chose to steal their money and turn pensioners into beggars of the so-called social insurance budget. Moreover, they divided Romanian society, involving younger generation against the older one, presented as provided for by current employees.

 

Romanian State must be compelled to repair the great injustice done to the country’s current and future pensioners. To this effect, the citizens’ draft law to review the Constitution specifies the creation of the National Public Pensions Fund. The state will have to calculate the current value the net assets of the National Public Pensions Fund. With this value, the Fund will become shareholder in the trade companies created as per the provisions of Law 15/1990. The draft prohibits citizens to contribute to private pension funds.

 

Several national funds, intended for the reconstruction of the country

 

Romanian State will have to create a National Health Insurance Fund and a National Unemployment Fund, to collect participants’ contributions to these funds. Cash availability of these funds, as well as those of the National Public Pensions Fund, will be deposited at the Deposits and Consignments House and will be used to grant loans to small and medium enterprises, to build-up production capacity and create jobs.

 

The creation of a National Environmental Fund is proposed, which will be supplied by the amounts paid as fines by polluters and will finance environment recovery projects, as well as the National Innovation Fund, which will be supplied by the royalties collected for the manufacture and marketing of products and technologies created by projects funded by the Fund.

 

The project proposes the creation of a National Currency Circulating Fund, composed of cash in currency, at the disposal of Romanian Government, which can be used in case of war, mobilization, martial law or emergency. This proposal is correlated with the one related to the establishment of international reserves of Romania only in gold, renouncing to the vulnerable official currency reserve, considering the current and predictable state of the international financial system.

 

Financial system subordinated to citizens’ interests

 

The draft law on the revision of the Constitution proposes radical changes in the country’s financial system.

The project requires the establishment of people’s control on the entire financial system, including on the National Bank of Romania. The financial system must be transformed from a tool of plunder of the people into a tool of defense of citizens’ revenue and capital, of the Romanian people’s right to be owner of the wealth created through their own work, in their own country.

 

Credits only in lei, for productive investment

 

The draft law proposes the exclusive use of the national currency, “leu”, in the operations of collection and payments, as well as to credit loans. It grants the right to create money only to the National Bank of Romania. It binds banks operating in Romania to grant credits only in lei and only for investment, to create production capacities. The only institutions to grant consumer credits are Retirement Mutual Funds, as nonprofit associations, granting loans only to their members.

 

People’s gold treasure to be kept in the country

 

Considering that the gold reserves of the country were taken out of the country and that most of the country’s foreign currency reserves consist of the so-called “securities”, namely securities issued by various countries and international financial institutions, whose value can be shattered by any scam presented as “financial crisis”, most of these reserves being made with money borrowed by the National Bank of Romania from the IMF, the proposed draft law enacts bringing in the country the gold reserves, selling the securities (securities) that Romanian state and the people don’t need and returning the loans from the IMF and other similar institutions, so that Romanian international reserves should be composed of gold real securities, kept in the country. The administration of the international reserves of Romania is proposed to pass from the National Bank of Romania to the Ministry of Finance.

 

The State to operate with balanced budgets, without loans

 

The draft law proposes to compel the Romanian state to work with balanced budgets, or with surplus budgets. Romanian State and local public authorities can’t borrow money except for special situations, war, martial law or emergency.

The project introduces provisions intended to restore order in the activity of important parts of the country’s financial system, which can no longer be used by the government and the “smart guys” to manipulate prices on the financial markets and plunder citizens.

 

True and complete separation and independence of state powers

 

Currently, the Parliament (legislative power) appoints the government, thus the executive power. All parliament members appoint the members of the Constitutional Court (judiciary power), the members of the Superior Council of Magistracy (judiciary power), the members of the Broadcasting Council (media power), the members of the Board of Directors of the National Bank of Romania (financial power). The President of Romania (executive power) appoints the judges and prosecutors (judiciary power) etc. Here, in this mixture of powers in the affairs of others, in this “cohabitation” of state powers lies the main source of the cancer of corruption widely spread, that slowly, but surely, kills Romanian society.

 

The proposed draft law establishes a real and complete separation of state powers, their real and complete independence. All citizens who will exercise the power entrusted by the people to these components of the State are elected by the people. No power appoints any longer “representatives” of the people in other powers. People will choose on its own, directly, all its representatives, in all powers, in all components of the state. The people will elect by direct vote the Members of Parliament (legislative power, authority) and the President of Romania (executive authority) and the other leaders of state authorities: the judiciary, media, financial, elective, moral, statistical and scientific. Romanian Parliament will make laws and nothing else. The President of Romania will exercise executive power and nothing else. Magistrates will do justice and nothing else. The Media Authority will correctly inform Romanian people and nothing more.

 

Romania, successor of the national and unitary state set up in 1918

 

Citizens’ initiative to review Romanian Constitution values Romanians’ right to own their territory. The initiative states that Romania is successor of the national and unitary state enforced through the Act of Union of Basarabia with Romania, read and signed in Chisinau on March 27, 1918, through the Declaration of the Union of Bucovina with Romania as approved by the General Congress of Bucovina in Cernauti on 15th/28th November 1918 and the National Assembly Resolution of December 1st, 1918.

 

Reunification of the mother country, right of the people and obligation of the Romanian state

 

The proposed legislative draft law and the commitment of Romanian people to militate and peacefully act for the Reunification of the mother country, to finally and irrevocably remove the consequences of the World War II, in compliance with the provisions of the treaties and the international law.

 

Romania is already regionalized, according to EU requirements

 

The proposed draft law confirms that in Romania development regions were created, according to the objectives of economic and social cohesion of Romania and the European Union, it specifies that these development regions are not administrative and territorial units and no legal entities. It represents the draft framework of regional development policies and collection of specific statistical data in accordance with European regulations. By creating these development regions, Romania has fulfilled its obligations undertaken in this field, thus no “regionalization” of Romania is necessary anymore.

 

Romanians have the right to know who receives Romanian citizenship

 

The proposed draft law confirms people’s right to know the names of the persons granted with Romanian citizenship by Romanian state. To this effect, the state is bound to publish each year the list of persons to whom the State has granted Romanian citizenship, upon request or on adoption, by specifying the citizenships owned previously or currently, as well as parents’ first names.

 

Political parties no budget funds, no ethnicity criteria

 

New rules on the establishment and operation of political parties are proposed. The prohibition of the constitution of political parties based on ethnic criteria is proposed, as well as the prohibition of budget funded political parties, equal treatment for all registered political parties under the law.

 

Two national days, on May 9, Independence Day and December 1, Unification Day. National anthem „Three colors” 

 

Romania is proposed to have two national days: May 9, Independence Day and December 1, Unification Day, the national anthem of Romania “Three Colors”, music and lyrics written by composer Ciprian Porumbescu and coat of arms printed on the yellow color of the flag.

 

The crimes against the Romanian people, imprescriptible

 

The draft project proposes that, even in Article 15 of the Constitution, which opens the chapter on the rights, freedoms and fundamental duties of Romanian citizens, it should be specified that the deeds committed against the national, sovereign, independent, unitary and indivisible feature of the Romanian state, betrayal of the country and the deeds leading to undermining the national economy and state power, are crimes against the Romanian people and are imprescriptible. Right of action begins on the date these deeds are committed.

 

Public information, under the control of the people

 

Taking into account the role that information has in the current society, especially the political manipulation of the masses through television, mass media and other means, the draft law proposes to include media power among the components of the Romanian state. To this effect, a Media Authority is proposed to be created, which will operate under the control of the people, with the mission to guarantee the correct information of citizens of the country by all service providers authorized by Romanian mass media. The president of the Media Authority will be chosen by the people by direct, universal and secret vote, freely expressed, just as the President of Romania.

 

The creation of The National Media, Radio and Television Service is also proposed, which will operate as an autonomous public institution under the control of the people, completely outside the influence of politicians, but also under the influence of media proprietors. This service will be required to provide freely to citizens of Romania, through their own publications, news agencies, radio and television, all the information citizens need to make correct decisions that help them successfully adapt in the society where they live. The manager of this service will also be chosen by the people.

Manipulation, insult and defamation are proposed to be punished according to the law.

 

Healthy food, no toxic and poisonous substances

 

To better exercise the right of citizens to health protection, the state is proposed to be bound to take measures in order to ensure unhindered access of citizens to healthy food that does not contain toxic and poisonous substances, access to natural food, clean water and fresh air.

 

Polls, but also correspondence voting

 

In order to improve the political life and the way the country is governed, it is proposed that voting should be done by correspondence, allowing participation of all citizens, including those who are not temporarily in the country.

 

Maximum two mandates for all elective positions

 

To the same effect, in order to improve the way the country is governed, it is proposed that the number of mandates be limited to two, for all elective positions in Romania. It is also proposed that any person elected on the list of a political party should lose the mandate if he/she leaves that party.

To better exercise the rights of association and economic initiative, provisions prohibit any approvals from executive public institutions upon incorporation of associations and trade companies.

 

Marriage only between a man and a woman

 

Considering the irreplaceable role that family has in the growth, education and instruction of children, the young Romanian generation, it is proposed that in Romania marriage should be made only between a man and a woman aged 18.

 

Unicameral Parliament. Maximum 300 Parliamentarians

 

The draft law proposes that Romanian Parliament should be composed of a single chamber, the Chamber of Representatives, composed of maximum 300 members, according to the national referendum of November 22nd, 2009.

 

Professional expertise in all state structures

 

Within all state authorities are proposed to operate advisory councils composed of experts in the field, chosen by professional and Community Associations, approved by presidents of the respective authorities. The mandate of the members of these councils is 6 years, so that to ensure continuity of their expertise in drafting public policies.

The same expertise will also be present in the supervisory boards of the national funds created according to the Constitution.

 

A real participatory democracy

 

Control of the people over the state will be made not only through direct vote by the people of all its representatives, in all components, in all state authorities, but also by increasing direct participation of the people, of the citizens, in the legislative process, to establish social norms. To this effect, the draft law specifies that the people always has the right to express, by referendum, his will regarding any matter of national or local interest, citizens having the right to legislative initiative. The draft law compels the Parliament to discuss citizens’ legislative initiatives, in case of rejection the Parliament being dissolved. Moreover, if the Parliament rejects a legislative initiative of the citizens, The Election Authority is compelled to organize a referendum to adopt or reject the draft law rejected by the Parliament. If the draft law is approved by the people through a referendum, the Parliament is dissolved. Moreover. All persons chosen in public positions can be dismissed at any time by the citizens, with a number of votes exceeding the number of votes based upon which they were elected.

 

To monitor the way state authorities and local authorities observe their legal and electoral obligations, Community Associations are proposed to be incorporated, as bodies exercising direct democracy. All citizens with voting right will be members of the Community Association in the town where they are resident. Community Associations set up county unions and the National Union of Community Associations, where the Advisory Department will operate as advisory body of the Union. 

 

The draft constitution was drafted so that to represent an organic state model allowing maximum efforts with maximum results. Therefore, the model was structured based upon a mathematical model of sustainability, allowing the design of programs and solutions to overcome crisis based upon an effective and human institutionalized framework. The main principles considered in modeling the constitutional system were the following:

- the principle of conserving and promoting national values; 

- the principle of conserving and rendering the State more efficient; 

- the principle of conserving functional balance through crisis management;

- the principle of promoting a sustainable economy and insuring quality;

- the principle of equal opportunities and observation of fundamental rights;

- the principle of positive selection in the administration of the country based upon criteria of competence, responsibility, quality of work and social involvement;

- the principle of positive competition in the national management;

- the principle of saving and optimizing resources respecting values and eliminating redundancies and waste;

- the principle of respecting nature, culture, property, the result of a well performed work;

- the principle of the optimization of effort and sustainable innovation;

- the principle of sovereignty and independence;

- the principle of cooperation with third countries in mutual interest programs.

 

The constitutional vectors strengthening the whole structure are the following:

- financial sector real time efficient management;

- judiciary sector preventing crises and natural, economic, social disasters;

- mass media promotion of technological innovation and outstanding results;

- legislative design a system which ensures the protection of natural and renewable resources;

- crisis management promoting innovative technologies with environmental impact;

- executive refitting and re-skilling on national level;

- bank supervision control of assets portfolios of organizational solutions and specialized public and private units

- responsibility of submitted information supporting through venture capital innovative programs and testing collateral effects;

- submit by experts publicly discussed draft proposals transition to non-invasive and sustainable technologies;

- public and private partnerships, professional networks environment recovery supported by technology;

- action structures of the civil society introduce sustainable technologies and refitting at national level;

- buffer funds alarm and intervention programs and ongoing development programs.

 

We strongly believe that the adoption of the draft law on the revision of the Romanian Constitution proposed by us will radically help Romania, the entire Romanian society, function better, will take the people out of poverty and humility, to move forward, towards freedom, dignity, progress, civilization and wealth.

 

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.

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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, Firiță Carp, Florian Colceag, Florin Zamfirescu, Laurian Stănchescu, Lazăr Lădariu, Mariana Cristescu, Marius Dumitru, Mădălina Corina Diaconu, Mircea Coloşenco, Mircea Chelaru, Mircea Șerban, Miron Manega (ispravnic de concept), Nagy Attila, Sergiu Găbureac, Zeno Fodor

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