Romania 1991 (rev. 2003)

Article 15. Universality

1. All citizens enjoy the rights and freedoms granted to them by the Constitution and other laws and have the duties stipulated by them.
2. Protection from ex post facto laws
   The law produces legal effects only for the future, with the exception of more favorable criminal or administrative laws.

Article 16. Equality of Rights

1. General guarantee of equality
   Citizens are equal before the law and before public authorities, with no privileges and with no discrimination.
2. No one is above the law.
3. Eligibility for first chamber, Eligibility for second chamber, Eligibility for head of state
   Access to public, civil, or military offices and honors is granted, in accordance with the law, to persons of Romanian citizenship with a domicile in the country. The Romanian State shall guarantee equal opportunities for men and women to accede to such offices and honors.
4. After Romania's accession to the European Union, the Union's citizens who comply with the requirements of the relevant organic law have the right to vote and to stand as candidates in the elections to the local public administration bodies.

Article 17. Romanians Citizens Abroad

Article 18. Aliens and Stateless Persons

1. Aliens and stateless persons residing in Romania shall enjoy the general protection of persons and property guaranteed by the Constitution and other laws.
2. Protection of stateless persons
   The right to asylum is granted and withdrawn in the conditions defined by the law, on observance of the international conventions and treaties to which Romania is a party.

Article 19. Extradition and Expulsion

1. A Romanian citizen may not be extradited or expelled from Romania.
2. By derogation from the provisions of paragraph 1, Romanian citizens can be extradited under the international agreements Romania is a party to, in accordance with the law and on the basis of reciprocity.
3. Aliens and stateless persons may be extradited only on the basis of an international convention or under conditions of reciprocity.
4. Expulsion and extradition shall be decided upon by the organs of justice.

Article 20. International Human Rights Treaties

1. International human rights treaties
   Constitutional provisions on the rights and freedoms of citizens shall be interpreted and applied in accordance with the Universal Declaration on Human Rights and with other treaties and pacts to which Romania is a party.
2. In case of an inconsistency between domestic law and the international obligations resulting from the covenants and treaties on fundamental human rights to which Romania is a party, the international obligations shall take precedence, unless the Constitution or the domestic laws contain more favorable provisions.

Article 21. Free Access to Justice

1. Any person may appeal to the organs of justice for the protection of his/her rights, freedoms, and legitimate interests.
2. No law may impede the exercise of this right.
3. Right to speedy trial, Right to fair trial
   All parties shall be entitled to a fair trial and to the resolution of their cases within a reasonable time.
4. Special administrative jurisdictions are elective and free of charge.

Article 22. The Right to Life and to Physical and Mental Well-Being

1. Right to life
   A person's right to life and to physical and mental well-being are guaranteed.
2. Prohibition of torture, Prohibition of cruel treatment
   No one shall be subjected to torture or to any kind of inhuman or degrading punishment or treatment.
3. Prohibition of capital punishment
   Capital punishment is prohibited.

Article 23. Individual Freedom

1. Inalienable rights
   Individual freedom and personal security are inviolable.
2. The search for, detention, or arrest of a person is allowed only in cases specified by law and according to the procedure established by law.
3. The period of detention may not exceed 24 hours.
4. Preventive custody shall be ordered by a judge and only in the course of criminal proceedings.
5. In the course of criminal proceedings, preventive custody may be ordered for a maximum period of 30 days, which may be extended for further periods of up to 30 days each; the overall length of the custody shall not exceed a reasonable term, and not last longer than 180 days.
6. After the lawsuit has begun, the court is obliged, in accordance with the law, to check, on a regular basis and no later than 60 days, the lawfulness and grounds of the preventive custody, and to order at once the release of the defendant if the grounds for the preventive custody no longer exist and if the court finds no new grounds which could justify the extension of the custody.
7. The decisions by a court of law on preventive custody are subject to the legal proceedings provided for by law.
8. Protection from unjustified restraint
   The person detained or arrested shall be promptly informed, in the language which he/she understands, of the reasons for his/her detention or arrest and of the charges against him, as soon as possible; he/she will be informed of the charges only in the presence of a counsel chosen by him or appointed by the judge.
9. The release of a detained or arrested person shall be mandatory if the reasons for the detention or arrest have ceased to exist, as well as in other circumstances defined by the law.
10. Right to pre-trial release
    A person under preventive arrest has the right to ask for provisional release, under judicial control or on bail.
11. Presumption of innocence in trials
    A person is considered innocent until the final pronouncement of the sentence.
12. Principle of no punishment without law
    Punishment can be imposed or executed only on a legal basis and in the conditions defined by the law.
13. Sanctions which deprive a person of its freedom can only be based on criminal grounds.

Article 24. The Right to Defense Counsel

1. The right to defense counsel is guaranteed.
2. Throughout the trial, the parties have the right to be assisted by a chosen or court appointed counsel.

Article 25. Free Movement

1. The right to free movement in the country and abroad is guaranteed. The law determines the conditions for the exercise of this right.
2. Every citizen is assured of the right to establish his/her domicile or residence anywhere in the country, to emigrate, as well as to return to the country.

Article 26. Private and Family Life

1. Public authorities shall respect and protect private and family life.
2. Every person is free to do whatever he/she wants to do, as long as he/she does not violate the rights and freedoms of other persons, public order, or the standards of public morality.

Article 27. Inviolability of Domicile

1. The domicile and the residence are inviolable. No one may enter or stay in the domicile or residence of a person without the latter's consent.
2. A derogation from the provisions of paragraph 1 may be made, in accordance with the law, for the following purposes:
   1. in order to execute an arrest warrant or a court decree;
   2. in order to remove a threat to a person's life, physical integrity, or property assets;
   3. in order to defend national security or public order;
   4. in order to prevent the spread of an epidemic.
3. Searches may only be ordered by a judge and have to be carried out in the terms and forms established by the law.
4. Searches during night time shall be prohibited, except in cases of a flagrante delicto.

Article 28. Confidentiality of Correspondence

Article 29. Freedom of Conscience

1. Freedom of religion
   Freedom of thought and opinion, as well as the freedom of religious belief, may not be restricted in any way. No one can be forced to adopt an opinion or to espouse a religious belief contrary to his/her convictions.
2. Freedom of conscience is guaranteed; it must be expressed in a spirit of tolerance and mutual respect.
3. All religions are free and organized in accordance with their own statutes, under the terms defined by the law.
4. All forms, means, acts, or actions of religious enmity are prohibited in the relationship between the cults.
5. Separation of church and state
   The religious sects are autonomous in relation to the state and enjoy its support, which includes measures facilitating religious assistance in the Army, in hospitals, penitentiaries, asylums, and orphanages.
6. Rights or duties of parents
   Parents or guardians have the right to ensure, in accordance with their own convictions, the education of minor children for whom they are responsible.

Article 30. Freedom of Expression

1. The freedom to express ideas, opinions, and beliefs, and the freedom of creation in any form-orally, in writing, through images, by means of sound, or by any other means of public communication-are inviolable.
2. Censorship of any kind is prohibited.
3. Freedom of the press also includes the freedom to establish publications.
4. No publication may be banned.
5. The law may oblige the mass media to account publicly for the sources of their financing.
6. Right to protect one's reputation
   The exercise of the freedom of expression shall be without prejudice to the dignity, honor or privacy of an individual, or to his/her right to his/her own image.
7. Any defamation of the country and the nation; any incitement to a war of aggression, to ethnic, racial, class or religious hatred, any incitement to discrimination, territorial separatism or public violence as well as any obscene acts contrary to public morals shall be prohibited by law.
8. Radio, Television
   The civil responsibility for any information or creation made public will be borne by the editor or the producer, author, or organizer of an artistic show, by the owner of the means of reproduction, the radio station, or the television station under the terms established by the law. Indictable press offenses shall be established by the law.

Article 31. The Right to Information

1. A person's right to have access to any information of public interest may not be curtailed.
2. Public authorities are under a duty to provide citizens with correct information concerning public affairs and matters of personal interest falling within their respective jurisdiction.
3. The exercise of the right to information shall be without prejudice to measures which are taken to protect the youth or national security.
4. State operation of the media
   The public and private mass media organs must ensure that public opinion receives correct information.
5. The public services of radio and television are autonomous. They must guarantee that significant social and political groups have the right to broadcast. The organization of these services and the monitoring of their activity by Parliament are regulated by organic law.

Article 32. The Right to Education

1. Compulsory education
   The right to education is ensured through compulsory general education, high school and vocational education, higher education, and other forms of instruction and advanced training.
2. The language of instruction, on all levels, is the Romania language. Under the conditions of the law, an international language can also be the language of instruction.
3. Integration of ethnic communities, Protection of language use
   The right of members of ethnic minorities to learn their mother tongue and the right to be taught in this language are guaranteed; the means of exercising these rights are established by law.
4. Free education
   State education shall be free in accordance with the law. The State shall grant social scholarships to children or young people coming from disadvantaged families or state institutions, as stipulated by the law.
5. Education at all levels shall take place in state, private, or confessional institutions, according to the law.
6. Right to academic freedom
   The autonomy of universities is guaranteed.
7. The state will ensure freedom of religious education in accordance with the specific requirements of each faith. In the state schools, religious education is organized an guaranteed by law.

Article 33. Access to culture

1. The access to culture is guaranteed in accordance with the law.
2. A person's freedom to develop his/her spirituality and to get access to the values of national and universal culture shall not be limited.
3. Reference to art
   The State has to make sure that spiritual identity is preserved, national culture is supported, arts are stimulated, cultural legacy is protected and preserved, contemporary creativity is developed, and Romania's cultural and artistic values are promoted throughout the world.

Article 34. The Right to Health Care

1. The right to health care is guaranteed.
2. The state is obliged to take measures to ensure hygiene and public health.
3. The organization of the medical care and social insurance systems in case of illness, accidents, childbirth, and recovery, the supervision of the exercise of the medical professions and of paramedical activities, as well as other measures for the protection of the individual's physical and mental health are established by law.

Article 35. Right to a Healthy Environment

1. The State recognizes the right of every person to a healthy, well-preserved and balanced environment.
2. The State shall provide the legislative framework for the exercise of such right.
3. Natural and legal persons have a duty to protect and improve the environment.

Article 36. The Right To Vote

1. Citizens who are 18 years of age or older as of election day have the right to vote.
2. Retarded or mentally-disturbed persons deprived of the right to vote, as well as persons sentenced by final judicial decision to the loss of voting rights, do not have the right to vote.

Article 37. The Right To Be Elected

1. Eligibility for head of state, Restrictions on the armed forces, Eligibility for first chamber, Eligibility for second chamber
   Citizens entitled to vote, who fulfill the conditions specified in Article 16, paragraph 3, have the right to be elected, unless they are prohibited from forming political parties in accordance with Article 40, paragraph 3.
2. Minimum age for first chamber, Minimum age for second chamber, Minimum age of head of state
   Candidates must be at least 23 years of age by or on election day to be elected to the Chamber of Deputies or to the local public administration bodies, at least 33 years of age to be elected to the Senate, and at least 35 years to be elected to the office of President of Romania.

Article 38. Right to Be Elected to the European Parliament

Article 39. Freedom of Assembly

Article 40. Freedom of Association

1. Right to join trade unions
   Citizens may freely establish and adhere to political parties, trade unions, employers' associations and other forms of association.
2. Prohibited political parties
   Parties or organizations which by their objectives or activities militate against political pluralism, the principle of rule of law, or the sovereignty, integrity, or independence of Romania, are unconstitutional.
3. Restrictions on the armed forces
   Judges of the Constitutional Court, people's advocates, judges and prosecutors, active members of the Armed Forces, policemen and other categories of civil servants determined by an organic law shall not be members of political parties.
4. Associations of a secret nature are prohibited.

Article 41. Labor and the Social Protection of Labor

1. Right to work, Right to choose occupation
   The right to work shall not be restricted. Everyone has the right to freely choose his/her profession, trade or occupation, as well as work place.
2. Right to safe work environment, Right to rest and leisure
   All employees are entitled to measures of social protection. Such measures concern employees' safety and health, working conditions for women and young people, the establishment of a national minimum wage, the weekly time off, paid annual holidays, work under difficult or special conditions, and other specific situations, as defined by law.
3. The maximum duration of a working day is 8 hours on average.
4. Right to just remuneration
   Women receive the same pay as men for equal work.
5. The right to collective bargaining and the binding nature of collective agreements are guaranteed.

Article 42. The Prohibition of Forced Labor

1. Forced labor is prohibited.
2. The following do not constitute forced labor:
   1. Right to conscientious objection
      activities in the military service or activities which, in accordance with the law, are carried out in lieu thereof due to religious or conscience-related reasons;
   2. work which is carried in normal conditions by a person which has received a sentence during detention or conditional release;
   3. activities necessary in order to deal with a natural disaster or some other danger, or which result from normal civil obligations established by law.

Article 43. The Right to Strike

1. Employees have a right to strike to protect their professional, economic, and social interests.
2. The law establishes the conditions and limits for the exercise of this right as well as the guarantees required for the maintenance of essential public services.

Article 44. Right to Private Property

1. The right to property and the financial claims against the state are guaranteed. The content and limitations of these rights are defined by law.
2. Right to own property
   Private property shall be equally guaranteed and protected by the law, irrespective of who owns it. Foreign and stateless persons may acquire private property of land only under the terms resulting from Romania's accession to the European Union and from other international agreements to which Romania is a party, on the basis of reciprocity and in accordance with the provisions of the relevant organic law, as well as by lawful inheritance.
3. Protection from expropriation
   No one may be deprived of his/her property, except for a reason of public interest, specified by law, with just and prior compensation.
4. Nationalizations and all other forcible transfers of assets into public ownership based on the owner's social, ethnic, religious or political status or other discriminatory features are prohibited.
5. The public authorities may use any land for projects in the public interest, with the obligation of compensating the owner for resulting damages to the soil, plants, buildings, or any other damage caused by them.
6. In the case of dispute, the compensations provided for in paragraphs 3 and 5 will be determined by mutual agreement with the owner or by the organs of justice.
7. The right to own property implies an obligation to comply with duties related to environmental protection and ensuring good neighborliness and to carry out other obligations which, by law or tradition, are incumbent upon the property owner.
8. Legally acquired property cannot be confiscated. Property is presumed to have been acquired legally.
9. Any item intended for, used in or resulting from a crime or infringement of the law may be confiscated only in accordance with the provisions of the law.

Article 45. Economic Freedom

Article 46. The Right of Inheritance

Article 47. The Standard of Living

1. The state is obliged to take measures for economic development and social protection which will ensure that citizens have a decent standard of living.
2. State support for the unemployed
   Citizens have the right to pensions, paid maternity leave, medical care in public health centers, unemployment benefits, and other forms of public or private social security, as provided by the law. Citizens have the right to social assistance in accordance with the law.

Article 48. The Family

1. Provision for matrimonial equality, Rights or duties of parents
   The family is based on a freely consented marriage by the spouses, their full equality, and the right and duty of the parents to raise, educate, and instruct their children.
2. Provision for civil marriage
   The conditions in which marriages may be contracted, dissolved, and annulled are established by law. A religious marriage ceremony can be celebrated only after the civil ceremony.
3. Children born outside marriage enjoy equal rights as those born in marriage.

Article 49. Protection of Children and Youth

1. Children and youth will enjoy special protection and assistance in realizing their rights.
2. The state shall grant benefits for children and provide aid for the care of sick or handicapped children. Other forms of social protection for children and youth shall be determined by law.
3. The exploitation of minors and their employment in activities which might be harmful to their health or morals or which might endanger their life or normal development are prohibited.
4. Limits on employment of children
   Minors under the age of 15 cannot be hired as employees.
5. Public authorities have the duty to contribute to ensuring conditions for the free participation of the youth in the political, social, economic, cultural, and sports life of the country.

Article 50. Protection of Disabled Persons

Article 51. The Right to Petition

1. Citizens have the right to address petitions to public authorities solely in the name of the signers of the petitions.
2. Legally constituted organizations have the right to petition exclusively in the name of the collectivity which they represent.
3. The exercise of the right to petition is exempt from tax.
4. Public authorities have the obligation to respond to petitions by the deadlines and under the conditions specified by law.

Article 52. The Rights of Persons Suffering Damage at the Hands of Public Authority

1. Any person whose rights or legitimate interests have been infringed by a public authority, through an administrative act or as a result of the failure to have a request resolved within the period prescribed by law, is entitled to have the right in question or the legitimate interest recognized and the act annulled and to receive compensation for the damages.
2. The conditions and limitations for the exercise of this right will be determined by statutory law.
3. Protection from false imprisonment
   The State is financially liable for any damages caused by judicial errors. The State liability is established under the terms defined by the law and does not exclude the liability of those judges who have acted in bad faith or were grossly negligent.

Article 53. Restrictions on the Exercise of Certain Rights or Freedoms

1. The exercise of certain rights or freedoms may be restricted only by law and only if this is necessary, as the case may be, to defend national security, public order, health, or public morals, or the rights and freedoms of citizens; to investigate a crime; or to prevent the consequences of a natural calamity, a disaster or a particularly severe catastrophe.
2. The restriction can only be imposed if it is necessary in a democratic society. The measure must be proportionate to the situation which caused it, has to be applied in a non-discriminatory manner and may not eliminate the right or freedom in question.

Article 54. Loyalty to the Country

1. Loyalty to the country is a sacred duty.
2. Citizens entrusted with public functions and military men are responsible for faithfully fulfilling their duties and, for this purpose, will take the oath required by law.

Article 55. The Defense of the Country

1. Citizens have the right and obligation to defend Romania.
2. Duty to serve in the military
   The terms for the fulfillment of the military duties are established by organic law.
3. Citizens may be conscripted from the age of 20 and up to the age of 35, except for volunteers, under the terms established by the organic law.

Article 56. Financial Contributions

1. Citizens are under obligation to contribute to public expenditure by means of fees and taxes.
2. The legal tax system must ensure a just distribution of fiscal duties.
3. Any other levies are prohibited, apart from those determined by law in exceptional circumstances.

Article 57. The Exercise of Rights and Freedoms

Article 58. Appointment and Role

1. The People's Attorney is appointed for a five-year-term, for the purpose of defending the rights and freedoms of individuals. The deputies of the People's Attorney shall have specialized fields of activity.
2. The People's Attorney and his/her deputies shall not perform any other public or private functions, with the exception of teaching functions in the higher education system.
3. The organization and functioning of the office of People's Attorney shall be regulated by organic law.

Article 59. Exercise of functions

1. The People's Attorney shall exercise his/her functions ex officio or at the request of persons whose rights and freedoms have been infringed, within the limits established by law.
2. Public authorities are under obligation to provide the necessary support to the People's Attorney in the exercise of his/her duties.

Article 60. Report to Parliament

Section 1. Organization and Operation

Section 2. The Status of Deputies and Senators

Section 3. Legislation

Article 80. The Role of the President

1. Foreign affairs representative
   The President of Romania represents the Romanian state and is the guarantor of the country's national independence, unity, and territorial integrity.
2. The President of Romania ensures the observance of the Constitution and the normal functioning of public authorities. To this effect, the President acts as a mediator between the powers of the state as well as between the state and society.

Article 81. Election of the President

1. The President of Romania is elected by universal, equal, direct, secret, and free suffrage.
2. The candidate who obtains a majority of votes of the voters registered in the voting lists on the first ballot is declared elected.
3. If none of the candidates has obtained such a majority, a second ballot will be held between the two candidates who received the highest number of votes on the first ballot. The candidate who obtains the highest number of votes is declared elected.
4. Head of state term limits
   No one can serve as President of Romania for more than two terms. These terms can be successive.

Article 82. Validation of Presidential Election and Presidential Oath

1. The results of the elections for the office of President of Romania are validated by the Constitutional Court.
2. God or other deities, Oaths to abide by constitution
   The candidate whose election has been validated will take the following oath before the Chamber of Deputies and the Senate, in joint session: "I solemnly swear that I will dedicate all my strength and the best of my ability to the spiritual and material welfare of the Romanian people, that I will respect the Constitution and the laws of the country, and that I will defend democracy, the fundamental rights and freedoms of the citizens, and the sovereignty, independence, unity, and territorial integrity of Romania. So help me God!"

Article 83. Term of Office

1. Head of state term length
   The term of office of the President of Romania is five years and starts on the date on which he/she is sworn in.
2. The President of Romania remains in office until the newly elected President is sworn in.
3. The President's term of office can be extended, by organic law, in the case of war or disaster.

Article 84. Incompatibilities and Immunities

1. During his/her term, the President of Romania may not be a member of a party and is barred from exercising any other public or private office.
2. Head of state immunity
   The President of Romania enjoys immunity. The provisions of article 72(1) shall apply accordingly.

Article 85. Appointment of Government

1. The President of Romania designates a candidate for the post of Prime Minister and appoints the Government on the basis of a vote of confidence from Parliament.
2. In the case of a cabinet reshuffle or if a post becomes vacant, the President dismisses and appoints the relevant members of the Government upon proposal by the Prime Minister.
3. If the political structure or composition of the Government is changed through the reshuffle process, the President of Romania shall be entitled to exercise the power regulated in paragraph 2 only with the approval of Parliament, granted following the proposal by the Prime Minister.

Article 86. Consultations with the Government

Article 87. Participation in Government meetings

1. The President of Romania may take part in Government meetings in which issues of national interest concerning foreign policy, national defense, and public order are discussed, and in other meetings at the request of the Prime Minister.
2. The President of Romania presides over the Cabinet meetings in which he/she takes part.

Article 88. Messages to Parliament

Article 89. Dissolution of Parliament

1. After consulting with the presidents of the two Chambers and the leaders of the parliamentary groups, the President of Romania can dissolve Parliament if no vote of confidence has been obtained for the formation of the Government within 60 days of the first request, but only after the rejection of at least two requests for investiture.
2. Parliament can be dissolved only once in the course of a year.
3. Emergency provisions
   Parliament cannot be dissolved during the last six months of the term of office of the President of Romania, or during a state of mobilization, war, siege or emergency.

Article 90. Referendum

Article 91. Foreign Policy Powers

1. Treaty ratification
   On behalf of Romania, the President concludes international treaties negotiated by the Government and submits them to Parliament for ratification within a reasonable time. The other treaties and international agreements are concluded, approved and ratified in accordance with the procedure established by law.
2. On proposal by the Government, the President accredits and recalls the diplomatic representatives of Romania and approves the establishment, closing, or change of the rank of diplomatic missions.
3. Diplomatic representatives of other states present their letters of accreditation to the President of Romania.

Article 92. Powers in defense matters

1. Designation of commander in chief
   The President of Romania is the commander of the Armed Forces and chairs the Supreme Council of National Defense.
2. Designation of commander in chief
   With the prior approval of Parliament, the President can decree the partial or general mobilization of the Armed Forces. In exceptional cases, the President's decision can be submitted to Parliament for approval afterwards, no later than five days after its adoption.
3. In the case of armed aggression directed against the country, the President of Romania takes measures to repel the aggression and to inform Parliament immediately, by means of a message. If Parliament is not in session, it will be convened by law within 24 hours of the onset of the aggression.
4. In the event of a state of mobilization or war, Parliament continues to exercise its functions during the whole relevant period; if it is not in session already, it will be convened by law [de jure] within 24 hours after the state of mobilization or war has been declared.

Article 93. Exceptional Measures

1. In accordance with the law, the President of Romania imposes the state of siege or emergency upon the entire country or upon certain territorial-administrative units and asks Parliament for the approval of the measure adopted within a maximum time period of five days following its adoption.
2. If Parliament is not in session, it will be convened by law no later than 48 hours after the declaration of martial law or of the state of emergency and will remain in session throughout these periods.

Article 94. Other Powers

Article 95. Suspension From Office

1. If the President of Romania commits serious offenses which violate provisions of the Constitution, he/she can be suspended from office by the Chamber of Deputies and the Senate, in joint session, by majority vote of the deputies and senators, after consultations with the Constitutional Court. The President can give Parliament explanations in regard to the actions with which he/she is charged.
2. The proposal for suspension from office can be initiated by at least one-third of the deputies and senators and is brought to the attention of the President immediately.
3. If the proposal for suspension from office is approved, a referendum on the removal of the President is organized within 30 days, at the latest.

Article 96. Impeachment

1. The Chamber of Deputies and the Senate may decide the impeachment of the President of Romania for high treason with the votes of at least two-thirds of the number of deputies and senators.
2. The impeachment proposal can be initiated by a majority of the deputies and senators and must be notified to the President of Romania without delay, so that he/she may give explanations about the charges which are brought against him/her.
3. From the date of the impeachment until his/her eventual removal from office, the President is suspended by law from the exercise of his/her functions.
4. The competence to pronounce judgement in these cases lies with the High Court of Cassation and Justice. The President is removed from office by law [de jure] on the date the impeachment verdict rendered by the Court becomes final.

Article 97. Vacancy in the Office

1. The office of President of Romania becomes vacant in the case of resignation, discharge from office, permanent inability to discharge the duties of the office, or death.
2. Head of state replacement
   Within three months of the date on which the vacancy of the position of President of Romania occurred, the Government will organize elections for a new President.

Article 98. The Interim Period

1. If the office of President becomes vacant, if the President is suspended from office, or if he/she is temporarily unable to discharge his/her duties, the office will be filled in the interim by the President of the Senate or the President of the Chamber of Deputies, in that order.
2. The powers regulated in Articles 88-90 shall not be exercised by the Acting President during the interim period.

Article 99. Accountability of the Interim President

Article 100. Acts of the President

1. In the exercise of his/her powers, the President of Romania issues decrees which are published in the Monitorul Oficial al României. Failure to publish makes the decree void.
2. Head of government powers
   Decrees issued by the President of Romania in the exercise of his/her powers listed in Article 91, paragraphs 1 and 2, Article 92, paragraphs 2 and 3, Article 93, paragraph 1, and Article 94, subparagraphs (a), (b), and (d) are countersigned by the Prime Minister.

Article 101. Remuneration and Other Rights

Article 102. Role and Structure

1. In accordance with its government program approved by Parliament, the Government ensures the implementation of the domestic and foreign policies of the country and is responsible for the general management of the public administration.
2. In the exercise of its powers, the Government cooperates with the social bodies concerned.
3. The Government consists of a Prime Minister, ministers, and other members specified by organic law.

Article 103. Investiture

1. The President of Romania appoints a candidate for the office of Prime Minister after consulting the party disposing of an absolute majority in Parliament or, if no such party exists, after consulting the parties represented in Parliament.
2. Within 10 days of his/her appointment, the candidate for the office of Prime Minister will ask for a vote of confidence from Parliament for his/her program and the list of ministers.
3. The program and the list are discussed by the Chamber of Deputies and the Senate in joint session. Parliament grants confidence to the government by the vote of the majority of the deputies and senators.

Article 104. Oath of Allegiance

1. The Prime Minister, ministers, and other members of the Government shall individually take the oath provided for in Article 82 before the President of Romania.
2. The Government as a whole and each member individually exercise their functions from the time they are sworn in.

Article 105. Incompatibilities

1. The office of a member of the Government is incompatible with the exercise of any other public function with authority, with the exception of that of deputy or senator. It is also incompatible with the exercise of a position as professional representative paid by a commercial organization.
2. Other incompatibilities are established by organic law.

Article 106. End of Government Membership

Article 107. The Prime Minister

1. The Prime Minister directs the Government and coordinates the activity of its members in respect of the powers and duties conferred upon them. In addition, he/she presents to the Chamber of Deputies or the Senate reports and statements on Government policy which are discussed on a priority basis.
2. The President of Romania cannot dismiss the Prime Minister.
3. Head of government replacement
   If the Prime Minister finds himself/herself in one of the situations provided for in Article 106-with the exception of a removal from office-or if he/she is unable to discharge his/her functions, the President of Romania shall designate another member of the Government as interim Prime Minister to exercise the powers of Prime Minister until a new Government is formed. The interim period resulting from the inability of the Prime Minister to exercise his/her functions comes to an end if he/she resumes his/her activities in the Government.
4. The provisions of paragraph 2 shall apply accordingly to the other members of the Government, upon proposal by the Prime Minister, for a period of no more than 45 days.

Article 108. Government Measures

1. The Government issues decisions and ordinances.
2. Decisions are issued in order to organize the implementation of laws.
3. Ordinances are issued under a special enabling law, within the limits and in accordance of the provisions thereof.
4. The decisions and ordinances issued by the Government are signed by the Prime Minister, countersigned by the ministers charged with their execution, and published in the Monitorul Oficial al Romăniei. The decision or ordinance is void if it is not published.

   Decisions of a military nature are transmitted only to the institutions concerned.

Article 109. Accountability of Government Members

1. The Government is politically accountable only to Parliament for its entire activity. Each member of the Government is politically accountable, jointly with the other members, for the Government's activities and measures.
2. Only the Chamber of Deputies, the Senate, and the President of Romania have the right to call for the prosecution of members of the Government for actions carried out in the exercise of their functions. If prosecution is requested, the President of Romania can order that the Government members be suspended from their positions. Any Government member on trial is suspended from his/her position. The Supreme Court of Justice has the competence to rule on the case.
3. The grounds for accountability and the punishments applicable to members of the Government are regulated by a law on ministerial accountability.

Article 110. End of Term

1. The Government exercises its functions until the validation of the general parliamentary elections.
2. The Government resigns from office on the date Parliament withdraws its confidence or if the Prime Minister finds himself/herself in one of the situations defined in Article 106 - with the exception of removal from office - or if he/she is unable to exercise his/her functions for more than 45 days.
3. In the situations stipulated in paragraph 2, the provisions of Article 103 shall apply accordingly.
4. The Government whose term of office has expired in accordance with paragraphs 1 and 2 will carry out only those functions which are necessary for taking care of public business until the members of the new Government are sworn in.

Article 111. Information of Parliament

1. The Government and the other bodies of public administration, in the framework of the monitoring of their activity by Parliament, must provide the information and documents requested by the Chamber of Deputies, the Senate, or the parliamentary committees through their chairmen. If a legislative initiative involves the modification of the provisions of the state budget or the state social security budget, the request for information is mandatory.
2. The members of the Government are entitled to attend the proceedings of Parliament. If their presence is requested, their attendance is mandatory.

Article 112. Questions, Interpellations and Simple Motions

1. The Government and each of its members are under a duty to respond to the questions or interpellations formulated by deputies or senators, in the conditions defined by the rules of procedure of the two Chambers of Parliament.
2. The Chamber of Deputies or the Senate can approve a motion expressing its position on a matter of domestic or foreign policy, or, as the case may be, on a matter that has been the subject of an interpellation.

Article 113. Censure Motion

1. The Chamber of Deputies and the Senate, in joint session, can withdraw the confidence given to the Government by passing a censure motion by the vote of a majority of the deputies and senators.
2. The censure motion can be initiated by at least one-fourth of the total number of deputies and senators and is communicated to the Government on the date that it is tabled.
3. The censure motion is discussed three days after it is tabled in the joint session of the two houses.
4. Limits on removing head of government
   If the censure motion is rejected, the deputies and senators who signed it cannot initiate another censure motion in the same session, with the exception of the case in which the Government assumes responsibility in accordance with Article 114.

Article 114. Government Responsibility

1. The Government may make the approval of a program, a statement of general policy or a bill an issue of its responsibility before the Chamber of Deputies and the Senate sitting in joint session.
2. The Government is dismissed if a censure motion, tabled within three days of the presentation of the program, the general policy statement, or the bill, is passed in the conditions established in Article 113.
3. If the Government has not been dismissed in accordance with paragraph 2, the bill presented, amended or completed, as the case may be, with the amendments accepted by the Government, is considered to be adopted, and the implementation of the program or statement of general policy becomes mandatory for the Government.
4. If the President of Romania requests the reconsideration of a law approved in accordance with paragraph 3, the debate on it will take place in a joint session of the two houses.

Article 115. Delegated Legislation

1. Parliament can pass a special law to empower the Government to issue ordinances in areas falling outside the scope of organic laws.
2. The enabling law determines, on a mandatory basis, the field of application for the ordinance and the deadline within which it may be issued.
3. If the enabling law so requests, the ordinance will be submitted to Parliament for approval, in accordance with the legislative procedure, before the deadline of the enabling law expires. If the deadline is not respected the ordinance ceases to be effective.
4. The Government may adopt emergency ordinances only in exceptional situations the regulation of which cannot be postponed; it is under an obligation to give the reasons for the urgency of the measure in the text of the ordinance.
5. An emergency ordinance shall only come into force after it has been submitted for debate in an urgency procedure to the Chamber first notified as having the competence for its adoption, and after it has been published in the Monitorul Oficial al României. If not in session, the Chambers shall be convened compulsorily within five days of the submission of the ordinance, or, as the case may be, of its forwarding. If the Chamber in question does not make a decision on the ordinance within 30 days following submission, the ordinance shall be considered as adopted and shall be transmitted to the other Chamber, which shall also decide the matter in an urgency procedure. An emergency ordinance containing norms of the same kind as an organic law must be approved by the majority provided for in article 74(1).
6. Emergency ordinances may not be adopted in the field of constitutional laws; they may not affect the status of fundamental institutions of the state, the rights, freedoms and duties stipulated in the Constitution, and the voting rights, and may not envisage measures for the forcible transfer of certain assets into public property.
7. The ordinances which are submitted to Parliament shall be approved or rejected by a law which must equally contain the ordinances which have ceased to be effective according to paragraph 3.
8. The law approving or rejecting an ordinance shall regulate, if necessary, the required measures dealing with the legal effects produced by the ordinance during its application.

Section 1. Central Public Administration

Section 2. Local Public Administration

Section 1. Courts of Justice

Section 2. The Public Ministry

Section 3. The High Council of the Judiciary