The Romanian Constitution: A Comprehensive Guide

An Overview of the Romanian Constitution

The Romanian Constitution is the supreme law of Romania, adopted on December 8, 1991. It is the third constitution since the fall of communism in 1989, following the 1965 and 1975 constitutions.

The Constitution consists of 158 articles, which are divided into nine titles. The first title, "General Provisions," outlines the principles of the Romanian state, including the supremacy of the Constitution, the separation of powers, and the fundamental rights and freedoms of citizens.

The Structure of the Romanian Constitution

Title I: General Provisions

Defines the state as a sovereign, independent, unitary, and democratic republic, and establishes Romanian as the official language.

Title II: Fundamental Rights, Freedoms, and Duties

Outlines the rights and freedoms of citizens, including the right to life, liberty, and property, the right to a fair trial, and the right to freedom of expression and assembly.

Title III: Public Authorities

Establishes the organization and powers of the legislative, executive, and judicial branches of government, including the Parliament, the President, and the Constitutional Court.

Title IV: Local Public Administration and Autonomy

Defines the structure and powers of local government units, including counties, municipalities, and communes.

Title V: The Constitutional Court

Establishes the Constitutional Court as the supreme judicial authority responsible for interpreting the Constitution and resolving constitutional disputes.

Title VI: Amending the Constitution

Outlines the procedures for amending the Constitution, which can only be done through a referendum.

Title VII: Special Provisions

Contains provisions on national defense, the state of emergency, and the procedures for declaring war.

Title VIII: Transitional and Final Provisions

Outlines the transitional arrangements for the implementation of the Constitution and the repeal of previous constitutional provisions.

Key Amendments to the Romanian Constitution

The Romanian Constitution has been amended several times since its adoption in 1991. Key amendments include:

• 2003: Amendment to Article 147, reducing the number of members of the Chamber of Deputies from 588 to 332 and the Senate from 143 to 137.
• 2009: Amendment to Article 28, prohibiting discrimination based on sexual orientation.
• 2018: Amendment to Article 48, defining marriage as a union between a man and a woman. This amendment was later declared unconstitutional by the Constitutional Court.

The Romanian Constitution and the EU

The Romanian Constitution is in compliance with the requirements of the European Union. Article 148 of the Constitution states that Romania is a member of the European Union and that the provisions of the EU treaties are binding on Romania.

Conclusion

The Romanian Constitution is the foundation of the Romanian state. It establishes the principles of Romanian society and the organization and powers of the Romanian government. The Constitution has been amended several times since its adoption in 1991 to reflect the changing needs of the Romanian people.

Constitutia Romaniei Pdf