Romania 1991 Constitution (reviewed 2003) - Page 3 of 8

Table of Contents

TITLE III. PUBLIC AUTHORITIES

CHAPTER I. Parliament

Section 1. Organization and Operation

Article 61. Role and Structure

The Parliament is the highest representative body of the Romanian people and the sole legislative authority in the country.
The Parliament is composed of the Chamber of Deputies and the Senate.

Article 62. Election of the Chambers

The Chamber of Deputies and the Senate are elected by universal, equal, direct, secret, and free suffrage, in accordance with the electoral law.
Organizations of citizens belonging to national minorities which fail to obtain the number of votes necessary to be represented in Parliament have the right to one deputy seat each, in accordance with the electoral law. Citizens of an ethnic minority may be represented by only one organization.
The number of deputies and senators is determined by the election law on the basis of the population of the country.

Article 63. Term of Office

The Chamber of Deputies and the Senate are elected for four-year-terms, which are extended by law [de jure] in the event of mobilization, war, siege or emergency until such situation has ceased to exist.
Elections for the Chamber of Deputies and the Senate are held no later than three months after the expiry of their term or the dissolution of Parliament.
The newly elected Parliament will be convened by the President of Romania no later than 20 days after the elections.
The term of the Chambers is prolonged until the new Parliament legally convenes. During this period the Constitution cannot be revised, nor can any organic laws be adopted, amended, or repealed.
Government bills or legislative proposals which were on the agenda of the preceding Parliament will be carried over into the new Parliament.

Article 64. Internal Organization

The organization and operation of each chamber are determined by its rules of procedure. The financial resources of the Chambers are specified in the budgets approved by them.
Each chamber elects its permanent bureau. The President of the Chamber of Deputies and the President of the Senate are elected for the duration of the term of the Chambers. The other members of the permanent bureaus are elected at the beginning of each session. The members of the permanent bureaus can be recalled before the term expires.
The deputies and senators can organize in parliamentary groups in accordance with the rules of procedure of each chamber.
Each chamber establishes its own permanent committees and may set up investigative committees or other special committees. The chambers may set up joint committees.
The permanent bureaus and the parliamentary committees shall be established so as to reflect the political composition of each Chamber.

Article 65. Sessions of the Chambers

The Chamber of Deputies and the Senate meet in separate sessions.
The chambers may also meet in joint sessions, in conformity with the rules of procedure adopted by majority vote of the Deputies and Senators, in order to:
1. receive the message of the President of Romania;
2. approve the state budget and the state social security budget;
3. declare general or partial mobilization;
4. declare a state of war;
5. suspend or cease military hostilities;
6. approve the national strategy of homeland defense;
7. examine reports of the Supreme Council of National Defense;
8. appoint, upon proposal by the President of Romania, the directors of the intelligence services and exercise control over the activity of those services;
9. appoint the People’s Attorney;
10. establish the status of the Deputies and Senators, their compensation and other rights;
11. discharge other duties which, in accordance with the Constitution or the rules of procedure, are performed in joint session.

Article 66. Sessions

The Chamber of Deputies and the Senate meet in two regular sessions a year. The first session begins in February and may not extend beyond the end of June. The second session begins in September and may not extend beyond the end of December.
The Chamber of Deputies and the Senate also meet in extraordinary sessions, at the request of the President of Romania, of the permanent bureau of each Chamber, or at least one-third of the deputies or senators.
The Chambers are convened by their presidents.

Article 67. Parliamentary Decisions and Legal Quorum

The Chamber of Deputies and the Senate adopt laws, decisions, and motions with a majority of the members present.

Article 68. Public Nature of the Sessions

The sessions of the two Chambers are public.
The Chambers can decide to hold certain sessions in camera.

Section 2. The Status of Deputies and Senators

Article 69. The Representative Mandate

The deputies and senators are at the service of the people in exercising their mandate.
Any imperative mandate is null.

Article 70. The Mandate of Deputies and Senators

Deputies and Senators begin to exercise their functions on the date on which the Chamber of which they are members is legally convened, provided that their election is declared valid and the oath is taken. The form of the oath is regulated by organic law.
The functions of deputy or senator cease on the date of the convening of the newly elected Chambers or as a result of resignation, loss of voting rights, incompatibility, or death.

Article 71. Incompatibilities

No one can be both a deputy and a senator at the same time.
The status of deputy or senator is incompatible with the exercise of any public position of authority, with the exception of that of member of the Government.
Other cases of incompatibility are defined by organic law.

Article 72. Parliamentary Immunity

No Deputy or Senator can be held judicially accountable for the votes cast or the political opinions expressed in the exercise of his/her functions.
The Deputies and Senators are subject to criminal investigation or criminal prosecution in relation to acts which have no connection with votes cast or political opinions expressed in the exercise of their functions, but shall not be searched, detained or arrested without their prior hearing and without the consent of the Chamber to which they belong. The investigation and prosecution can only be carried out by the Public Prosecutor’s Office attached to the High Court of Cassation and Justice. The High Court of Cassation and Justice shall render the judgement in the case.
If caught in the act, Deputies or Senators may be detained and searched. The Ministry of Justice shall inform without delay the president of the Chamber in question of the detention and the search. In case the competent Chamber comes to the conclusion that the detention lacks a proper basis, it shall revoke the measure at once.

Section 3. Legislation

Article 73. Categories of Laws

Parliament adopts Constitutional Revision Laws, organic laws, and ordinary laws.
Constitutional Revision Laws are for the purpose of amending the Constitution.
The following matters are regulated by organic law:
1. the electoral system; the organization and functioning of the Permanent Electoral Authority;
2. the organization, functioning and financing of political parties;
3. the status of the Deputies and Senators, the determination of their compensation and other rights;
4. the organization and holding of a referendum;
5. the organization of the Government and of the Supreme Council of National Defense;
6. the state of partial or total mobilization of the Armed Forces, and the state of war;
7. the state of siege and emergency;
8. criminal offenses, penalties and the execution thereof;
9. the granting of amnesty or collective pardon;
10. the status of public servants;
11. the jurisdiction of administrative courts;
12. the organization and functioning of the High Council of the Judiciary, the courts of law, the Public Ministry and the Court of Auditors;
13. the general principles of property and inheritance law;
14. the general organization of education;
15. the organization of the local public administration, of the territory, as well as the general principles of local autonomy;
16. the general rules concerning labor relations, trade unions, employers’ associations, and social protection;
17. the status of national minorities in Romania;
18. the general rules dealing with religious cults;
19. the other fields for which the Constitution stipulates the enactment of organic laws.

Article 74. Legislative Initiative

A legislative initiative may be brought either by the Government, or the Deputies, or the Senators, or a number of at least 100,000 citizens with the right to vote. Citizens exercising their right to legislative initiative must represent at least one-quarter of the counties of the country, and obtain at least 5,000 signatures in support of the initiative in each of those counties and the Municipality of Bucharest, respectively.
Fiscal matters, international issues, amnesty, or pardon cannot be the object of a legislative initiative brought by citizens.
The Government exercises its legislative initiative by introducing a bill to the Chamber having competence for its adoption, as a first notified Chamber.
Deputies, senators, and citizens who exercise the right to legislative initiative can present legislative proposals only in the form required for Government bills.
Legislative proposals are submitted to the Chamber first notified having competence for its adoption.

Article 75. Submission to the Chambers

Bills and legislative proposals concerning the ratification of treaties or other international agreements and the legislative measures relating to the implementation of such treaties and agreements, as well as Government bills of organic laws provided for in Article 31(5), Article 40(3), Article 55(2), Article 58(3), Article 73(3)(e), (k), (l), (n), (o), Article 79(2), Article 102(3), Article 105(2), Article 117(3), Article 118(2) and (3), Article 120(2), Article 126(4) and (5), and Article 142(5) shall be submitted first to the Chamber of Deputies for debate and adoption. The other bills or legislative proposals shall be submitted first to the Senate for debate and adoption.
The Chamber to which the bill or legislative proposal has been submitted first shall decide [the matter] within 45 days. For codes and other extremely complex laws, the time period is 60 days. If the time period expires, the bill or legislative proposal shall be considered as adopted.
After the Chamber to which the bill or legislative proposal has been submitted first has adopted or rejected it, it is sent to the other Chamber, which will make a final decision.
A provision which has first been adopted by the Chamber which was competent for its adoption under paragraph 1 is adopted as final if the other Chamber also agrees. In the opposite case, the bill or legislative proposal is referred back solely in respect of the disputed provision to the first chamber, which makes the final decision in an urgency procedure (procedură de urgentă).
The provisions of paragraph (4) concerning the return of the bill shall also apply in cases in which the provision is first adopted by the Chamber which does not have the decision-making power for the bill [under the terms of paragraph 1].

Article 76. Approval of Laws and Decisions

Organic laws and decisions regarding the rules of procedures of the Chambers are approved by majority vote of the members of each Chamber.
Ordinary laws and decisions are approved by majority vote of the members present in each Chamber.
At the request of the Government or on its own initiative, the Parliament can pass Government bills or legislative proposals in an urgency procedure, established in accordance with the rules of procedure of each Chamber.

Article 77. Promulgation of a Law

Laws are sent to the President of Romania for promulgation. The promulgation of the law shall take place no later than 20 days after its receipt.
Before the promulgation of the law, the President may return it to Parliament for reconsideration, but only once.
If the President has requested a reconsideration of the law or if he/she has asked that its constitutionality be examined, the promulgation of the law takes place no later than 10 days after the receipt of the law approved after reconsideration or after the receipt of the decision of the Constitutional Court which confirms its constitutionality.

Article 78. Entry into force

The law shall be published in the Monitorul Oficial al României (Official Gazette of Romania) and come into force 3 days after its publication, or on a subsequent date specified in its text.

Article 79. The Legislative Council

The Legislative Council is a specialized consultative organ of Parliament which advises on draft normative acts with a view to the systematization, unification, and coordination of the entire legislation. It keeps the official records of the legislation of Romania.
The establishment, organization, and operation of the Legislative Council is regulated by organic law.

CHAPTER II. The President of Romania

Article 80. The Role of the President

The President of Romania represents the Romanian state and is the guarantor of the country’s national independence, unity, and territorial integrity.
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

The President of Romania is elected by universal, equal, direct, secret, and free suffrage.
The candidate who obtains a majority of votes of the voters registered in the voting lists on the first ballot is declared elected.
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.
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

The results of the elections for the office of President of Romania are validated by the Constitutional Court.
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

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

Article 84. Incompatibilities and Immunities

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.
The President of Romania enjoys immunity. The provisions of article 72(1) shall apply accordingly.

Article 85. Appointment of Government

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.
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.
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

The President of Romania may consult with the Government on urgent and particularly important issues.

Article 87. Participation in Government meetings

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.
The President of Romania presides over the Cabinet meetings in which he/she takes part.

Article 88. Messages to Parliament

The President of Romania sends messages to Parliament on major political problems facing the nation.

Article 89. Dissolution of Parliament

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.
Parliament can be dissolved only once in the course of a year.
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

The President of Romania, after consulting with Parliament, can ask the people to express their will on matters of national interest by means of referendum.

Article 91. Foreign Policy Powers

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.
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.
Diplomatic representatives of other states present their letters of accreditation to the President of Romania.

Article 92. Powers in defense matters

The President of Romania is the commander of the Armed Forces and chairs the Supreme Council of National Defense.
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.
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.
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

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.
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

The President of Romania also has the following powers:

to award decorations and honorary titles;
to award the ranks of marshal, general, and admiral;
to make appointments to public offices in the conditions defined by the law;
to grant individual pardons.

Article 95. Suspension From Office

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.
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.
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

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.
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.
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.
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

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.
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

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.
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

If the person acting as President of Romania in the interim period commits serious offenses which violate the provisions of the Constitution, Article 95 and Article 98 shall apply accordingly.

Article 100. Acts of the President

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.
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

The remuneration and other rights of the President of Romania are regulated by law.

CHAPTER III. The Government

Article 102. Role and Structure

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.
In the exercise of its powers, the Government cooperates with the social bodies concerned.
The Government consists of a Prime Minister, ministers, and other members specified by organic law.

Article 103. Investiture

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.
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.
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

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.
The Government as a whole and each member individually exercise their functions from the time they are sworn in.

Article 105. Incompatibilities

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.
Other incompatibilities are established by organic law.

Article 106. End of Government Membership

Membership in the Government is terminated by resignation, removal from office, loss of voting rights, incompatibility, or death, as well as in other cases established by law.

Article 107. The Prime Minister

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.
The President of Romania cannot dismiss the Prime Minister.
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.
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

The Government issues decisions and ordinances.
Decisions are issued in order to organize the implementation of laws.
Ordinances are issued under a special enabling law, within the limits and in accordance of the provisions thereof.
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

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.
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.
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

The Government exercises its functions until the validation of the general parliamentary elections.
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.
In the situations stipulated in paragraph 2, the provisions of Article 103 shall apply accordingly.
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.

CHAPTER IV. Relations Between Parliament and Government

Article 111. Information of Parliament

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.
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

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.
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

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.
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.
The censure motion is discussed three days after it is tabled in the joint session of the two houses.
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

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.
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.
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.
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

Parliament can pass a special law to empower the Government to issue ordinances in areas falling outside the scope of organic laws.
The enabling law determines, on a mandatory basis, the field of application for the ordinance and the deadline within which it may be issued.
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.
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.
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).
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.
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.
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.

CHAPTER V. Public Administration

Section 1. Central Public Administration

Article 116. Structure

The ministries are organized under the direction of the Government.
Other specialized bodies can be organized under the direction of the Government or of the ministries or as autonomous administrative authorities.

Article 117. Establishment

The ministries are established and organized and operate in accordance with the law.
The Government and the ministries can establish, with the approval of the Court of Auditors, specialized bodies under their direction, but only in cases in which the law grants them the power to do so.
Autonomous administrative authorities may be established by organic law.

Article 118. The Armed Forces

The Army is subject solely to the will of the people for the purpose of guaranteeing the sovereignty, independence, and unity of the state, the territorial integrity of the country, and constitutional democracy. The Army shall contribute to the collective defense in military alliance systems and take part in peace keeping or peace restoring missions in the conditions defined by law and the international treaties to which Romania is a party.
The structure of the national defense system, the preparation of the population, the economy, and the territory for defense as well as the status of military personnel shall be regulated by an organic law.
The provisions of paragraphs 1 and 2 shall apply accordingly to the other components of the Armed Forces established in accordance with the law.
The organization of military or paramilitary activities outside the framework of a state authority is prohibited.
Foreign troops may enter into, or pass through, or carry out operations, or be stationed in the Romanian territory only under the terms of the law or the international treaties to which Romania is a party.

Article 119. The Supreme Council for National Defense

The Supreme Council for National Defense organizes and coordinates, in a uniform manner, the activities related to national security and the defense of the country, its participation in the maintenance of international security and collective defense in military alliance systems, as well as in peace keeping or peace restoring operations.

Section 2. Local Public Administration

Article 120. Basic Principles

The public administration in territorial-administrative units is based on the principle of decentralization, local autonomy, and decentralization of public services.
In the territorial-administrative units with a significant national minority, provision shall be made for the oral and written use of the respective minority language in the relations with the local administrative authorities and the decentralized public services, in the terms defined by the organic law.

Article 121. Communal and City Authorities

The public administration authorities, through which local autonomy is implemented in the communes and cities, are the elected local councils and the mayors elected in accordance with the law.
The local councils and the mayors cooperate as autonomous administrative authorities and manage public affairs in the communes and cities in accordance with the law.
Authorities according to paragraph 1 may also be set up in territorial-administrative subdivisions of municipalities.

Article 122. The County Council

The county council is the public administration authority in charge of coordinating the activity of the communal and city councils, for the purpose of carrying out public services of interest to the county.
The county council is elected and operates in accordance with the law.

Article 123. The Prefect

The Government appoints a prefect in each county and in the Bucharest Municipality.
The prefect is the representative of the Government at the local level and directs the decentralized public services of the ministries and the other bodies of the state administration in the territorial-administrative units.
The powers of the prefect are established by organic law.
There exist no hierarchical relationships between the prefects, on the one side, and the local councils, the mayors, the county councils and their presidents, on the other.
The prefect may challenge before the administrative law courts an act of the county council, the local council, or the mayor if he/she believes that the decree is illegal. The challenged act shall be suspended by law.

CHAPTER VI. Judicial Authority

Section 1. Courts of Justice

Article 124. Carrying Out Justice

Justice is carried out in the name of the law.
Justice is impartial and the same for all citizens.
The judges are independent and subject only to the law.

Article 125. Rules Governing Judges

Judges appointed by the President of Romania shall be irremovable in accordance with the law.
The proposals for appointment of judges, their promotion and transfer as well as sanctions against judges shall be within the exclusive competence of the High Council of the Judiciary, under the terms of its organic law.
The position of judge is incompatible with any other public or private office, with the exception of teaching positions in higher education.

Article 126. Courts of Law

Justice is administered by the High Court of Cassation and Justice and the other courts of law established by law.
The jurisdiction of the courts of law and the judicial procedure are exclusively regulated by law.
The High Court of Cassation and Justice ensures the uniform interpretation and implementation of the law by the other courts of law in all matters falling within its jurisdiction.
The composition of the High Court of Cassation and Justice and the rules governing its functioning are established by organic law.
It is prohibited to set up courts with special jurisdiction. Courts specialized in certain areas of law may be set up by an organic law which may provide, as the case may be, for the participation of persons from outside the judiciary.
The judicial control of administrative measures taken by public authorities by way of litigation before the administrative law courts is guaranteed, with the exception of those acts which concern the relations with Parliament and the military command acts. The jurisdiction of the courts which are competent to adjudicate administrative law disputes extends to the decision of applications filed by persons claiming a violation of their rights by ordinances, or by provisions in those ordinances that have been declared unconstitutional.

Article 127. Public Character of Court Hearings

Court hearings are public, except for cases stipulated by law.

Article 128. Use of Native Language and Interpreters in Court

The judicial process is carried out in the Romanian language.
Romanian citizens belonging to national minorities have the right to express themselves in their native language before the courts of law, in the terms defined by the organic law.
The modalities for the exercise of the right stipulated in paragraph 2, including the use of interpreters and translations, shall be regulated in a way which does not impede the smooth administration of justice and does not cause additional costs to the persons involved.
Foreign citizens and stateless persons who do not understand or do not speak the Romanian language are entitled to study the court files and to follow the proceedings, to speak in court and to present a concluding statement, by using an interpreter; in criminal lawsuits, the exercise of this right shall be free of charge.

Article 129. Contesting Decisions

The parties concerned and the Public Ministry may bring appeals against court decisions in the conditions defined by the law.

Article 130. Court Police

The courts of law have police forces at their disposal.

Section 2. The Public Ministry

Article 131. Role of the Public Ministry

In the judicial area, the Public Ministry represents the general interests of society and defends the legal order as well as the rights and freedoms of the citizens.
The Public Ministry exercises its powers through public prosecutors, organized as public prosecutors offices, in accordance with the law.
Public prosecutor’s offices attached to courts of law shall direct and supervise the criminal investigations carried out by the police in accordance with the law.

Article 132. Basic Rules for Prosecutors

The prosecutors carry out their activity in accordance with the principles of legality, impartiality, and hierarchical control under the authority of the Minister of Justice.
The office of public prosecutor is incompatible with any other public or private office, with the exception of teaching positions in higher education.

Section 3. The High Council of the Judiciary

Article 133. Role and Structure

The High Council of the Judiciary guarantees the independence of the judiciary.
The High Council of the Judiciary is composed of 19 members, of whom:
1. 14 are elected by the general meeting of the Council and confirmed by the Senate; they are divided into two sections, one for the judges and the other for the public prosecutors; the first section is composed of 9 judges, and the second of 5 public prosecutors;
2. 2 representatives of civil society, experts in law, who enjoy a high professional and moral reputation, to be elected by the Senate; they shall only participate in plenary proceedings of the Council;
3. the Minister of Justice, the President of the High Court of Cassation and Justice, and the Attorney General of the Public Prosecutor’s Office attached to the High Court of Cassation and Justice.
The President of the High Council of the Judiciary is elected for a non-renewable term of one year among the members listed under paragraph 2(a).
The term of office of the members of the High Council of the Judiciary is 6 years.
The High Council of the Judiciary takes its decisions by secret ballot.
The President of Romania presides at the meetings of the High Council of the Judiciary in which he/she takes part.
Decisions by the High Council of the Judiciary shall be final and irrevocable, except those listed in article 134(2).

Article 134. Duties

The High Council of the Judiciary proposes to the President of Romania the appointment of judges and prosecutors, with the exception of trainees, in accordance with the law.
The sections of High Council of the Judiciary serve as disciplinary courts for judges and public prosecutors, based on a procedure established by its organic law. In these cases, the Minister of Justice, the President of the High Court of Cassation and Justice, and the Attorney General of the Public Prosecutor’s Office are not entitled to vote.
Disciplinary decisions by the High Council of the Judiciary may be challenged before the High Court of Cassation and Justice.
The High Council of the Judiciary shall also perform the other duties enumerated in its organic law, in order to fulfill its role as guarantor of the independence of the judiciary.