Constitution of Romania (1948)

Constitution of Romania  (1948) 
PCR


Chapter I THE RUMANIAN PEOPLE'S REPUBLIC

Art. 1 . The Rumanian People's Re public is a popular, unitary, independent and sovereign State. Art. 2. — The Rumanian People's Re public was created in the struggle of the people led by the working class, against fascism , reaction and imperialism . Art. 3. — In the Rumanian People's Re public all the power of the State proceeds from the people and belongs to the people. The people exercise their power through representative organs elected by universal, equal, direct and secret vote. 5 Art. 4. - The representatives of the people in all the organs of the State power account to the people and may be recalled by the will of their electors under condi tions established by law. 6 Chapter II SOCIAL AND ECONOMIC STRUCTURE

Art. 5. - In the Rumanian People's Re public the means of production belong either to the State as the possession of the entire people, or to co -operative organisa tions, or to private —physical or juridical persons. Art. 6. -- Wealth of the soil of any nat ure , mining layers, forests, waters, sources of natural energy, railway and road commun ications, waterways and airways, postal ser vices, telegraph , telephone and broadcasting belong to the State as the common posses sion of the people. 9 Methods will be established by law for bringing under State ownership such of those possessions enumerated in the pre ceding paragraph, as were private property, when this present Constitution was promul gated . Art. 7. ---- The common possession of the people constitute the material basis of the economic prosperity and national in dependence of the Rumanian People's Republic. The defence and the development of the common possessions of the people are duties incumbent upon every citizen . Art. 8 . Private property and the right of succession are recognised and guaranteed by law. Private property acquired by work and saving enjoys special protection . Art. 9 . The land belongs to those who till it. The State protects property of peasant labour . It encourages and grants support to the rural co - operative movement. In order to stimulate the rise of agricul ture , the State may set up State -owned agricultural enterprises. Art. 10. — Expropriation of public utili ties may be carried out by law and with 10 just compensation to be established by justice. Art. 11. — If demanded by the general interest, the means of industrial production, banks and insurance companies owned by private persons, physical or juridical, may become the property of the State, that is to say the possession of the people, under conditions provided by law . Art. 12. --- Labour is the basic factor of economic life in the State . It is a duty of every citizen . The State grants its support to all working people, protecting them against exploitation and raising their stand ard of living. Art 13. —The State grants its protect ion to private initiative used in the service of the general interest. Art. 14. — Home and foreign trade are regulated and controlled by the State and exercised by State -owned , private or co operative commercial enterprises. Art. 15. — The State directs and plans national economy with view to developing the economic power of the country, securing the welfare of the people and safeguarding national independence. 11

Chapter III FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

Art. 16. — All citizens of the Rumanian People's Republic irrespective of sex , nat ionality , race, religion or cultural level are equal before the law . Art. 17. —Any spread or manifestation of hatred of race or nationality is punish able by law. Art. 18. —All citizens irrespective of sex , nationality, race , religion, cultural level, pro fession , including the military, judiciary and civil servants, have the right to vote and are eligible to all organs of the State . The franchise is exercised by all citizens who have reached the age of 18, and eligi 15 bility by those who have reached the age of 23. Deprived of franchise are persons sen tenced to interdiction, to the loss of civil and political rights and unworthy persons declared as such by the competent au thorities in accordance with the law. Art. 19. Citizens have the right to work. The State is gradually ensuring this right by the organisation and planned de velopment of national economy. Art. 20.- Citizens are entitled to recrea tion . The right to recreation is ensured by regulating working hours, by paid holidays in conformity with the law and by setting up recreation homes, sanatoria, clubs, parks, sports grounds and institutions specially equipped for this purpose. Art. 21. — Women have equal rights with men in all walks of State, economic, social, cultural and political life, as well as in matters of common law. For equal work, women have the right with men to equal pay. Art. 22. — In the Rumanian People's Re public all citizens are entitled to education . The State ensures the fulfilment of this right by providing free, compulsory element 16 ary education, by scholarships granted by the State to meritorious pupils and stud ents, and by organising and developing professional and technical training. Art. 23. - The State encourages and grants support to the development of science and art and organises research institutes, libraries, publishing houses, theatres, mu seums, conservatoires. Art. 24. – The Rumanian People's Re public ensures to the co -inhabiting nation alities the right of using their respective native language and organising education of every degree in the native language. Ad ministration and Justice in areas inhabited partly by a nationality other than Ruman ian, shall use orally and in writing also the language of the respective nationality and shall appoint civil servants from among the respective nationality or from other nation ality conversant with the language of the local population. The teaching of the Rumanian language and literature is compulsory in all schools of any degree. Art. 25. The State takes care of public health by establishing and developing health 17 services and by encouraging and supporting physical training. The State ensures social protection and medical assistance for sickness, accidents and invalidity resulting from labour, during the time of work or in service of the defence of the country , as well as for old age to its own civil servants and to employees of private enterprises whose contributions and rights shall be fixed by law. Art. 26 . Marriage and the family enjoy the protection of the State . Mothers and children up to the age of 18 enjoy special protection established by law. Parents have the same obligations towards their children born in wedlock, as to those born outside wedlock. Personal identity papers are valid only if issued by organs of the State . Art. 27 . Freedom of conscience and freedom of creed are guaranteed by the State . Religious cults are at liberty to organise themselves and to function , provided that their ritual and practice are consistent with the Constitution, public security and morals. 18

ofi

ting No religious creed, congregation or com munity will be allowed to open or maintain and institutions of general education , except spe and cial schools for the training of personnel for the that cult under State supervision. ence The Rumanian Orthodox Curch is auto to cephalous and unitary in its organisation . of The system of organising and ofthe func ons tioning of religious cults will be regulated by law. Art. 28. - Individual freedom of the ci ajoy tizen is guaranteed. Nobody can be arrested and detained for more than 48 hours without a warrant from by the Prosecutor's Office, the judicial organs established by law or an authorisation of the ards Law Courts in conformity with the law. Art. 29. - The domicile is inviolable. No body is allowed to enter the domicile or the wi residence of citizens without their permis sion , except in their presence or on the and strength of a written warrant from the the competent authorities, or in flagrante de licto . Art. 30. — Nobody can be condemned and ha obliged to serve a sentence, except on the ith strength of a judicial decision pronounced als in conformity with the law. ose Lise 19 Art. 31. - Freedom of the press, of speech, of assembly and meeting, of proces sions and manifestations is guaranteed. The possibility of exercising these rights is ensured by the fact that the means of printing, the paper and meeting halls are placed at the disposal of the working people. Art. 32. – Citizens enjoy the right of association and organisation, provided that the aim of such association and organisation is not directed against the democratic order established by the Constitution . Any association of a fascist or anti democratic character is prohibited and punishable by law. Art. 33. — The inviolability of letters is guaranteed . Only in case of penal inquiry , martial law or mobilisation, may correspond ence be controlled . Art. 34. -- Every citizen has the right to petition , as well as the right to ask the or gans designated by law to bring to trial any civil servant for offences committed while performing his service . Art. 35 . The Rumanian People's Re public accords the right of asylum to all foreigners persecuted for their democratic 20 activity, for their struggle for national libe ration or for their scientific and cultural activity. Art . 36. — The defence of the country is a duty of honour of all citizens . Military service is compulsory for all ci tizens, in conformity with the law . High treason –-breach of oath, deser tion to the enemy, prejudice caused to the military power of the State constitute the gravest crime towards the people and are punishable with all severity of the law. 21

Chapter IV THE SUPREME ORGAN OF THE STATE POWER

Art. 37. -- The Grand National Assembly of the Rumanian People's Republic is the supreme organ of State power of the Ru manian People's Republic. Art. 38. —The Grand National Assembly of the Rumanian People's Republic is the sole legislative organ of the Rumanian People's Republic. Art. 39.-- The following responsibilities fall within the direct competence of the Grand National Assembly of the Ruman ian People's Republic : 25 1. To elect the Presidium of the Grand National Assembly of the Rumanian People's Republic ; 2. To set up the Government of the Ru manian People's Republic ; 3. To amend the Constitution ; 4. To fix the number, responsibilities and titles of the Ministries and to abolish, merge or re - name those already existing ; 5. To vote the budget of the State , strik ing the balance of the fiscal year, assessing taxes and fixing their method of collection; 6. To decide on matters of war and peace ; 7. To decide on the consultation of the people through a plebiscite ; 8. To grant amnesties. Art. 40. — The Grand National Assembly of the Rumanian People's Republic elects from among its ranks the Presidium of the Grand National Assembly of the Rumanian People's Republic. The Presidium is elected by a majority of one over half the number of deputies. Art. 41. -- The Presidium of the Grand National Assembly of the Rumanian People's Republic includes the President, three Vice Presidents, a Secretary and 14 members di 26 Ga ICE 3: rectly elected by the Grand National As sembly of the Rumanian People's Republic. Art. 42. - The Presidium of the Grand National Assembly of the Rumanian People's Republic as a whole or any of its members are subject to recall at any time by the Grand National Assembly of the Rumanian People's Republic by a majority - vote under art . 40 . st ő E : Art. 43. -- The Presidium of the Grand National Assembly of the RumanianPeople's Republic accounts to the Grand National Assembly of the Rumanian People's Re public for all its activities. Art. 44. --The Presidium of the Grand National Assembly of the Rumanian People's Republic has the following rights : 1. To convene the Grand National As sembly of the Rumanian People's Republic for ordinary and extraordinary sessions ; 2. To issue decrees ; 3. To interpret the Bills passed by the Grand National Assembly of the Rumanian People's Republic; 4. To exercise the right of pardoning and commuting punishment; 5. To confer distinctions and medals of the Rumanian People's Republic ;. 1 27. 6. To represent the Rumanian People's Republic in international relations; 7. To accredit and recall, following the proposals of the Government, the diplo matic representatives of the Rumanian Peo ple's Republic; 8. Toreceive letters accrediting and re calling diplomatic representatives of foreign States who are accredited to it ; 9. To appoint and recall ministers follow ing the proposal of the President of the Council of Ministers, during intervals bet ween the sessions of the Grand National As sembly of the Rumanian People's Republic; 10. To fix military ranks, diplomatic ranks and honorary titles following the proposals of the Government; 11. To appoint and confirm persons in public functions, following the proposals of the respective ministers or of the Govern ment in conformity with the law; 12. To declare the state of war and partial or general mobilisation, during the interval between the sessions of the Grand National Assembly of the Rumanian People's Re public and following the proposal of the Government, in case of aggression against the Rumanian People's Republic or against 28 another State towards which is has assumed obligations of mutual defence proceeding from international treaties; 13. To ratify or denounce international treaties, following the proposal of the Go vernment; 14. To resolve any question referred to it by the Grand National Assembly of the Rumanian People's Republic, and to exer cise any responsibility conferred on it by law. Art. 45. The Presidium of the Grand National Assembly of the Rumanian People's Republic takes valid decisions by a plain majority vote of its members. Decrees will be signed by the President and the Secretary of the Presidium of the Grand National Assembly of the Rumanian People's Republic. In case of their being prevented, the Pre sident will be substituted by one of the Vice- Presidents, and the Secretary by one of the members designated by the Presi dium from among its ranks. Art. 46. — After expiration of the man date of the Grand National Assembly of the Rumanian People's Republic or in case of its being dissolved previous to the term, the Presidium of the Grand National As I 29 sembly of the Rumanian People's Republic continues its functions pending the elect ion of a new Presidium . Art. 47. - The Grand National Assembly of the Rumanian People's Republic is elected for a term of four years . It includes repre sentatives of the people (deputies) elected in accordance with norms provided by the electoral law. Art. 48. — The ordinary sessions of the Grand National Assembly of the Rumanian People's Republic are held at least twice a year and last till the completion of its works. The Grand National Assembly of the Ru manian People's Republic is convened by a decree of the Presidium of the Grand Nat ional Assembly of the Rumanian People's Republic. Art. 49. -— The Grand National Assembly of the Rumanian People's Republic may be convened for an extraordinary session by a decree of the Presidium following the re quest of at least a third of the total number of deputies . Art. 50: -- After the validation of the de puties, the Grand National Assembly of the Rumanian People's Republic elects a Bu 30 reau for conducting debates, including a President, three Vice -Presidents and Secre taries. The Bureau of the Grand National Assembly of the Rumanian People's Re public is elected for every session of the Grand Natior.al Assembly of the Rumanian People's Republic. The debates of the Grand National As sembly of the Rumanian People's Republic will be presided over by the President or one of the Vice - Presidents of the Bureau, in conformity with the regulations drawnup by the Grand National Assembly of the Ru manian People's Republic. Art. 51. — The quorum required for the validity of the proceedings of the Grand Nat ional Assembly of the Rumanian People's Re public is one vote over half the total number of deputies, and the decisions become valid by a simple majority -vote of the deputies present, except in the case of the Consti tution or the regulations which provide for a different number of votes . Art. 52. Voting may be performed by secret vote , by raising hands or by acclama tion , according to the decision of the Grand National Assembly of the Rumanian People's Republic. 31 Art 53. — The Grand National Assembly of the Rumanian People's Republic validates the election of the deputies. The vote of the deputies is valid even previous to the valida tion . Art. 54. — The validated deputies take the oath before the Grand National Assembly of the Rumanian People's Republic in the following manner : « I swear that I will serve the people and the Rumanian People's Republic with com plete devotion and strength and protect and respect the Constitution and the laws of my country ; keep the secrets of the State and defend the interests of the people and the State , the democratic liberties and the independ ence of my country . >> Members of the Presidium of the Grand National Assembly of the Rumanian People's Republic and the members of the Govern ment will take the oath in a similar manner, on taking office. Art. 55. —- The legislative initiative rests with the Government. Moreover, deputies numbering at least a fifth of the total number, may initiate any law. 32 Art. 56. —After being voted by the Grand National Assembly of the Rumanian People's Republic, the laws will be signed by the President and Secretary of the Presidium, and published in the official gazette « Moni torul Oficial ». The laws come into opera tion on the date fixed in their texts or on the third day after their publication in the « Monitorul Oficial » . Art. 57. — The sittings of the Grand National Assembly of the Rumanian People's Republic are public, excepting when the Grand National Assembly of the Rumanian People's Republic decides to hold a secret sitting . Art. 58. – The Grand National Assembly of the Rumanian People's Republic is au thorised to carry on inquiries and investi gations into every matter through commis sions elected from among its ranks . All authorities and organs of the State, as well as private persons are obliged to give any information and perform any act required by the investigating commission. Art. 59. -- No deputy will be detained, arrested or prosecuted without the authori sation of the Grand National Assembly of the Rumanian People's Republic at the time 33 cf the sessions, or of the Presidium of the Grand National Assembly of the Rumanian People's Republic, in recess-periods, for any penal matter, except when caught in the very act. In this case, the authorisation of the Grand National Assembly of the Ru manian People's Republic or of the Presi dium of the Grand National Assembly of the Rumanian People's Republic will be applied for at once . Art. 60. — The Grand National Assembly of the Rumanian People's Republic will be considered dissclved at the expiration of the mandate for which it is elected. The Grand National Assembly of the Rumanian People's Republic may determine to dissolve itself before this term is ended. Art. 61. -- In case of war or under other exceptional circumstances, the Grand Nat ional Assembly of the Rumanian People's Republic may extend its mandate for the duration of such exceptional circumstances. Art. 62. -- If war breaks out or another exceptional event occurs while the Grand National Assembly of the Rumanian People's Republic is dissolved , the Presidium of the dissolved Grand National Assembly will convene it again and the Grand National 34 I Assembly of the Rumanian People's Re public thus convened may extend its man date in conformity with Art. 61 . Art. 63. -— Within three months, at the latest, after the dissolution of the Grand National Assembly of the Rumanian People's Republic, elections for a new Grand Nat ional Assembly of the Rumanian People's Republic will be held. Art. 64. — The deputies receive a remu neration fixed by the Grand National As sembly of the Rumanian People's Republic. Art. 65. —Any deputy is entitled to in terpellate the Government or the Ministers apart. The Prime-Minister or the Minister interpellated is obliged to reply at the same sitting or at another sitting fixed by the Grand National Assembly of the Rumanian People's Republic. 35 ਸਤਿਕ Chapter V THE ORGANS OF STATE ADMINISTRATION : THE COUNCIL OF MINISTERS AND THE MINISTRIES

Art. 66. — The supreme executive and administrative organ of the Rumanian Peo ple's Republic is the Government. The Government includes the President of the Council of Ministers (Prime-Minis ter) , one or several Vice - Presidents and the Ministers who, together, form the Council of Ministers. Art. 67. - The Ministries and their res ponsibilities are designated by the Grand National Assembly of the Rumanian People's Republic, under Art. 39, point 4. Art. 68. -- The Presidium of the Grand National Assembly of the Rumanian People's 39 Republic may appoint Deputy- Ministers for any Ministry, following the proposal of the Council of Ministers . Art. 69. —The Government is responsible and accountable for its activities to the Grand National Assembly of the Rumanian People's Republic and, during the intervals between the sessions, to the Presidium of the Grand National Assembly of the Rumanian People's Republic . Art. 70.-- The members of the Govern ment take the oath before the Presidium of the Grand National Assembly of the Ru manian People's Republic. Art. 71. — The Ministers will be designa ted from among the deputies or persons not included in the Grand National Assembly of the Rumanian People's Republic. Minis ters who are not included in the Grand National Assembly of the Rumanian People's Republic may attend any sitting of the Grand National Assembly of the Rumanian People's Republic, without having right to vote. Art. 72. -— The Government is charged with the administrative direction of the State . It co - ordinates and issues general rules to the respective Ministries, directs and plans the national economy, carries out the 40 budget of the State and ensures public order and the security of the State . The Government directs the general poli cy of the State in the field of international relations. It organises and equips the armed forces. The Government may organise and con duct in definite fields of activity special services of any kind which will depend directly on the Council of Ministers . The Council of Ministers may cancel mi nisterial decisions inconsistent with the Con stitution or the laws . The Presidium of the Grand National Assembly of the Rumanian People's Re public may cancel decisions of the Council of Ministers inconsistent with the Consti tution or the laws. The decisions of the Council of Ministers are compulsory all over the territory of the Rumanian People's Republic. Art. 73. —The Ministers are responsible for penal deeds committed during the exer cise of their functions. A special law will establish the method of prosecuting and trying Ministers . Art. 74. The Ministers conduct their respective departments according to ge 41 neral rules issued by the Council of Mi nisters. They take decisions compulsory for all citizens , in conformity with the law. 42 Chapter VI LOCAL ORGANS OF STATE POWER

Art. 75. — The territory of the Rumanian People's Republic is divided , from an ad ministrative point of view , into : civilpa rishes, districts, counties and regions. This division may be modified by law. Art. 76. – The local organs of the State power are the Local People's Councils. Art. 77. — The Local People's Councils are representative organs elected for a term of four yeårs by universal, direct, equal and secret vote . Art. 78. The Local People's Councils steer and direct the local economic, social 45 and cultural activities, according to laws and regulations of the superior administra tive organs . They draw up and carry out the local economic plan and budget, taking into account the general national Plan and the general State budget, they take care of the efficient administration of local posses sions and enterprises, of keeping public order, of the protection of rights of the local inha bitants, of the respect and observance of the laws, and take measures necessary for a favourable course of local management. Art. 79. — In fulfilling their functions, the People's Councils are supported by the initiacive and wide participation of the peo ple's masses . Art. 80. — The Local People's Councils regularly account to the people. Art. 81. — The Local People's Councils meet in ordinary and extraordinary work ing sessions . Art. 82. — The leading and executive or gans of the Local People's Councils are the Executive Committees. They are elected from the members of the respective Local People's Council, and are set up and function in a way established by law. 46 Art. 83. -- The Executive Committees ac count to the respective Local People's Coun cils. Art. 84. - The Local People's Councils and Executive Committees carry on their activities in conformity with the laws and are subordinate to the Superior People's Councils and Executive Committees, as well as to the central administrative organs of the State . Art. 85. — Sections of the People's Coun cils for various branches of activity may be set up and are subordinate in all their act ivities to the People's Councils and Execut ive Committees, under which they function ; with regard to their special technical direct ion , they are subordinate to the correspond ing sections of the Superior People's Councils and the competent central administrative or gans of the State. 47

Chapter VII JUDICIAL ORGANS AND PROSECUTOR'S OFFICE

Art. 86. -- The judicial organs are : one Supreme Court for the whole country, the Law Courts, Tribunals and People's Courts. Art. 87. — Special judicial organs for de finite branches of activity may be set up by law. Art. 88 . In all courts, with the sole exception of the Supreme Court, cases are tried with the participation of people's asses sors, unless otherwise provided by law. Art. 89. - The First President, the Pre sidents and members of the Supreme Court are appointed by the Presidium of the Grand 51 National Assembly of the Rumanian People's Republic, following the proposal of the Go vernment. Art. 90. -- The Supreme Court super vises the judicial activity of all judicial Courts and organs, as provided by law. Art. 91. - Court trials of every kind will be public, excepting cases and conditions provided by law. Art. 92. — The right to defence before all Law Courts is guaranteed. Art. 93. — Judges of any rank submit, in the exercise of their functions, only to the laws and administer the law to all ci tizens in an equal manner . Art. 94. ---- A law determines the organis ation and method by which the judicial organs function , as well as the method of appointing and dismissing judges of any rank . Art. 95. --- In the Rumanian People's Re public, the Prosecutor's Office superintends the operation of che penal laws both by civil servants and other citizens . Art. 96. -- The Prosecutor's Office super intends especially the prosecutionand punish ment of crimes against democratic order and freedom , against the economic interests and 52 the national independence and sovereignty of the Rumanian State. Art. 97. -The Prosecutor's Office in cludes a General Prosecutor of the Rumanian People's Republic and a number of Prose cutors . The method of organisation , the respons ibilities and functioning of the Prosecu tor's Office will be determined by law. Art. 98. -- The General Prosecutor of the Rumanian People's Republic is appointed by the Presidium of the Grand National As sembly of the Rumanian People's Republic, following the proposal of the Government. 53

1Chapter VIII ARMS, SEAL , FLAG AND CAPITAL

Art. 99. - The arms of the Rumanian People's Republic feature wooded inount ains above which the sun is rising. There is an oil derrick in the centre and the arms are surrounded by a wreath of ears of wheat. Art. 100. — The seal of the State bears the arms of the country. Art. 101. — The flag of the Rumanian People's Republic has three colours: blue, yellow and red, vertically arranged. In its centre are the arms of the country . Art. 102. - The city of Bucharest is the Capital of the Rumanian People's Republic. 57

Chapter IX AMENDMENT OF THE CONSTITUTION

Art. 103. The Constitution of the Ru manian People's Republic may be amended partly or totally, following the proposal of the Government or of a third of the mem bers of the Grand National Assembly of the Rumanian People's Republic . Art. 104. - The Bill to amend the Con stitution will be considered adopted, after being voted for by two thirds of the total number of members of the Grand National Assembly of the Rumanian People's Re public. 61

Chapter X TRANSITORY REGULATIONS + Art. 105. —All existing codes and laws will be revised in order to bring them into line with the Constitution . From the day when the Constitution comes into operation by being published in the « Monitorul Oficial », all rules in law, decrees and regulations, as well as any other rules inconsistent with the stipulations of the Constitution , will be abolished.