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CHAPTER I. THE SOCIALIST REPUBLIC OF ROMANIA

ARTICLE 1. Romania is a Socialist republic. The Socialist Republic of Romania is a sovereign, independent and unitary State of the working people in towns and villages. Its territory is inalienable and indivisible.

A R T I C L E 2. All p o w e r in the Socialist Republic of R o mania is vested in the people, free and master of its destiny. People's power is based on the principles of democracy, freedom and assurance of human dignity, inviolability and inalienability of fundamental human rights. Article 2 Article 3 The Parliament of Romania, made up of the Assembly of Deputies and the Senate, as well as the President of Romania, are elected by universal, equal, direct and secret vote, freely expressed.

based on the worker-peasant alliance. Incloseunion,theworkingclass— theleadingclassof society— thepeasantry,theintelligentsiaandtheother categories of working people, regardless of nationality, are building the Socialist system, and creating the condi tions for the transition to Communism.

ARTICLE 3. In Romania, political parties may be set up freely, with the exception of parties which propagate conceptions contrary to the free, pluralistic democratic state order in Romania.

No other distinction on the grounds of race, nationality, religion, culture, sex or political beliefs can hinder the establishment and functioning of political parties.

The registration and operation of the political parties shall be made in accordance with the law.

ARTICLE 4. As the sovereign holder of power, the people exercise it through the Grand National Assembly made up of the Chamber of Deputies and the Senate, as well as the President of the Republic, which are elected by universal, equal, direct, secret and freely expressed vote.

The Grand National Assembly is the supreme body of State power, under whose direction and control all the other State bodies carry on their activities. The governance of Romania is realized on the basis of the pluralistic democratic system, as well as the separation of the legislative, executive and judicial powers.

ARTICLE 5. The national economy of Romania is a Socialist economy, based on Socialist ownership of the means of production.

In the Socialist Republic of Romania exploitation of man by man has been abolished for ever and the Socia list principle of distribution according to the quantity and quality of work is implemented.

Work is a duty of honour for each citizen of the coun try. ARTICLE 6. Socialist ownership of the means of pro ductioniseitherStateownership— ofgoodsbelonging to the whole people, or co-operative ownership — of goods belonging to each co-operative organization. ARTICLE 7. The wealth of the subsoil, whatever its nature, the mines, the State-owned lands, the forests, the waters, the sources of natural energy, the factories and plants, the banks, the State agricultural enterprises, the stations for the mechanization of agriculture, the ways of communication, the State-owned means of transport and telecommunications, the State-owned buildings and houses, the material groundwork of the State socio-cul- tural institutions belong to the whole people and are State property. ARTICLE 8. Foreign trade is a State monopoly. ARTICLE 9. The lands of the agricultural production co-operatives, the livestock, implements, installations and buildings belonging thereto are co-operative property. The plot of land which, according to the Rules of the Agricultural Production Co-operatives is used by the household of the co-operative farmers, is co-operative property. The house and the outbuildings, the land on which they stand and, according to the Rules of the Agricultu ral Production Co-operatives, the production animals and the small agricultural implements are personal pro perty of the co-operative farmers. The tools, machines, installations and buildings of thfl handicraft co-operatives and the consumers co-operatives are co-operative property. ARTICLE 10. The agricultural production co-operatiJ ves, a Socialist form of agricultural organization, ensure conditions for intensive cultivation of the land and for the application of advanced science and contribute, by increasing output, to the development of the national economy, to the steady raising of the living standard of the peasantry and of all the people.

The State gives support to the agricultural production co-operatives and protects their property. The State also gives support to the other co-operative organizations and protects their property.

ARTICLE 11.Intheconditionsofco-operativizedagri culture, the State guarantees the peasants who cannot associate themselves in agricultural production co-opera tives, ownership of the land which they work themselves and with their families, of the implements used for this purpose, as well as ownership of the animals they use for work and production. The handicraftsmen are also guaranteed ownership of their own workshops. ARTICLE 12. Land and buildings may be expropriated only for works of public interest and on payment of appropriate compensation. ARTICLE 13. In the Socialist Republic of Romania, all the activity of the State is aimed at developing the So cialist system and the prosperity of the Socialist nation, steadily raising the people's material and spiritual well- being, and ensuring the freedom and dignity of man, at the many-sided furtherance of human personality. For these purposes, the Romanian Socialist State : Organizes, plans and manages the national economy ; Defends Socialist property ; Guarantees the full exercise of the citizens' rights, assures socialist legality and defends the rule of law ; Develops education at all levels, provides the condi tions for the development of science, the arts and culture, carries out public health protection ; Ensures the defence of the country and organizes its armed forces ; Organizes relations with other States. ARTICLE 14. The Socialist Republic of Romania main tains and develops relations of friendship and fraternal collaboration with the Socialist countries, in the spirit of Socialist internationalism, promotes relations of collabo ration with countries having other socio-political sys tems, and is active in international organizations with a view to ensuring peace and understanding among peo ples. The foreign relations of the Socialist Republic of Ro mania are based on the principles of respect for sove

reignty and national independence, equal rights and mu tual advantage, non-interference in internal affairs.

ARTICLE 15.TheterritoryoftheSocialistRepublicof Romania is divided into territorial-administrative units : counties, cities and communes. The capital of the Socialist Republic of Romania is Bucharest Municipality, which is divided into districts. The main cities may be organized as municipalities. ARTICLE 16. Romanian citizenship shall be acquired and forfeited according to law. CHAPTER II BASIC RIGHTS AND DUTIES OF THE CITIZENS ARTICLE 17. The citizens of the Socialist Republic of Romania, irrespective of their nationality, race, sex, or religion, shall have equal rights in all fields of economic, political, juridical, social and cultural life. The State shall guarantee the equal rights of the citi zens. No restriction of these rights and no difference in their exercise on the grounds of nationality, race, sex, or religion, shall be permitted. Any attempt at establishing such restrictions, at natio nalist-chauvinist propaganda and at fomentation of racial or national hatred shall be punished by law. ARTICLE 18. In the Socialist Republic of Romania the citizens shall have the right to work. Each citizen shall be given the opportunity to carry on, according to his training, an activity in the economic, administrative, so cial or cultural field and shall be remunerated according to its quantity and quality. For equal work there shall be equal remuneration. Measures for the protection and safety of labour as well as special measures for protecting the labour of women and young persons shall be established by law] ARTICLE 19. The citizens of the Socialist Republic o Romania shall have the right to leisure. The right to leisure shall be guaranteed to those whc work by the establishment of the maximum duration oi

the working day at eight hours, of weekly rest and of annual paid holidays.

In the sectors of arduous and very arduous work, the working day shall be reduced to less than eight hours without any reduction in pay. ARTICLE 20. The citizens of the Socialist Republic of Romania shall have the right to material security in case of old age, sickness or incapacity to work. The right to material security shall be implemented for factory and office workers through pensions and sick ness benefits paid by the State social insurance system, and for the members of the co-operative organizations or of other public organizations through the forms of insurance established by these organizations. The State shall provide medical assistance through its health units. Paid maternity leave shall be guaranteed. ARTICLE 21. The citizens of the Socialist Republic of Romania shall have the right to education. The right to education shall be ensured by compul sory general education, by the fact that education at all levels is free and by the system of State scholarships. Education in the Socialist Republic of Romania shall be State education. ARTICLE 22. In the Socialist Republic of Romania the co-inhabiting nationalities shall be assured the free use of their mother tongue, as well as books, news papers, periodicals,theatresandeducationatalllevels in their own languages. In territorial-administrative units also inhabited by population of non-Romanian nationa lity, all the bodies and institutions shall use in speech and in writing the language of the nationality concer ned and shall appoint officials from its ranks or from among other citizens who know the language and way of life of the local population. ARTICLE 23. In the Socialist Republic of Romania women shall have equal rights with men. The State shall protect marriage and the family and shall defend the interests of mother and child. ARTICLE 24. The Socialist Republic of Romania shall ensure to young people the conditions required for the development of their physical and intellectual aptitudes.

ARTICLE25.ThecitizensoftheSocialistRepublico! Romania shall have the right to elect and be elected t( the Grand National Assembly and the People's Councils

The suffrage shall be universal, equal, direct and se cret.Allcitizenswhoshall have reached the age o! eighteen years shall have the right to vote. Citizens entitled to vote who shall have reached thf age of twenty-three years may be elected deputies to thf Grand National Assembly and to the People's Councils The right to nominate candidates shall be vested inthf Socialist Unity Front, the broadest permanent, revolutio nary and democratic political body of a representativf character, which is the organizational framework foi uniting, under the leadership of the Romanian Commu nist Party, the political and social forces of our socia list nation, of all the mass and public organizations, foi the participation of all the people in implementing thf foreign and domestic policy of the Party and State, in managing all the fields of activity. Electors shall have the right to recall their deputies at any time, according to the procedure specified by law. The mentally deranged and deficient, and persons de prived of these rights for the period established by a court of law in its final sentence shall have no right to elect or to be elected. ARTICLE 26. The most advanced and conscious citi zens from among the workers, peasants, intellectualsand other categories of working people unite in the Roma nian Communist Party, the highest form of organiza tion of the working class, its vanguard detachment The Romanian Communist Party expresses anc faithfully serves the aspirations and vital interests ol the people, performs the role of leader in all the field.' of Socialist construction, and directs the work of the mass and public organizations and of the State bodies ARTICLE 27. The citizens of the Socialist Republicol Romania shall have the right to associate themselvesif trade-unions, in co-operative, youth, women's and socio cultural organizations, in creative unions, scientific technical and sports associations, and in other public organizations. 10

The State shall give support to the work of the mass ind public organizations, create conditions for the de velopment of the material basis of these organizations and protect their property.

The mass and public organizations ensure the broad participation of the popular masses in the political, eco nomic, social and cultural life of the Socialist Republic afRomaniaandintheexerciseofpubliccontrol— an expression of the democratic character of the Socialist system. Through the mass and public organizations, the Romanian Communist Party achieves an organized link with the working class, the peasantry, the intelligentsia and the other categories of working people, mobilizing them in the struggle for the completion of the building of Socialism. ARTICLE 28. The citizens of the Socialist Republic of Romania shall be guaranteed freedom of speech, of the press, of assembly, of meeting and demonstration. < ARTICLE29.— Thefreedomofspeech,ofthePress, i assembly, meeting and demonstration may not be used V for purposes hostile to the Socialist system and to the interests of the working people. Any association of a fascist or anti-democratic cha racter, shall be prohibited. Participation in such asso ciations and propaganda of a fascist or anti-democratic character shall be punished by law. ARTICLE 30. Freedom of conscience shall be guaran teed to all the citizens of the Socialist Republic of Ro mania. Anybody shall be free to share or not a religious faith. The freedom of exercising a religious cult shall be guaranteed. The religious cults shall organize and func tion freely. The mode of organization and functioning of the religious cults shall be regulated by law. The School shall be separated from the Church. No religious denomination, congregation or community may open or maintain any other teaching establishments than special schools for the training of servants of the Church. ARTICLE 31. The citizens of the Socialist Republic of Romania shall be guaranteed inviolability of the person. No person may be detained or arrested if there are no well-grounded proofs or indications that he or she 11

lias committed a deed listed and punished by law. Thi organs of inquiry may order the detention of a persoi for a maximum duration of 24 hours. No one may h arrested except on the basis of a warrant issued by { law-court or a Public Prosecutor.

The right of defence shall be guaranteed throughoul the lawsuit. ARTICLE 32. The domicile shall be inviolable. No one may enter the home of a person without the latter's consent, except in the cases and conditions spe cially established by law. ARTICLE 33. The secret of correspondence and of telephone conversations shall be guaranteed. ARTICLE 34. The right of petition shall be guaran teed. The State bodies shall have the obligation to re solve the petitions of citizens concerning personal or public rights and interests. ARTICLE 35. Those harmed in a right of theirs by an illegalactofaStatebody may ask the appropriate authorities, in the conditions specified by law, to annul the act and repair the damage. ARTICLE 36. The right to own personal property shall be protected by law. Incomes and savings derived from work, the dwelling house, the outbuildings and the land on which they stand, as well as the goods of personal use and com fort, may constitute objects of the right to own perso nal property. ARTICLE 37. The right of inheritance shall be pro tected by law. ARTICLE 38. The Socialist Republic of Romania shall grant the right of asylum to foreign citizens persecu ted for their activity in defence of the interests of the working people, for their participation in the struggle for national liberation or in defence of peace. ARTICLE 39. Every citizen of the Socialist Republic of Romania shall be bound to observe the Constitution and the laws, to defend socialist property, to contribute towards strengthening and developing the Socialist sys tem. ARTICLE 40. Military service in the ranks of the Ar med Forces of the Socialist Republic of Romania shall 12

ie compulsory and a duty of honour of the citizens of he Socialist Republic of Romania.

ARTICLE 41. To defend the homeland is the sacred [uty of every citizen of the Socialist Republic of Roma- da. Violation of the military oath, treason against the lomeland, desertion to the enemy and prejudice to the [efence capacity of the State are the greatest crimes igainst the people and shall be punished by law with he utmost severity.

CHAPTER III. SUPREME BODIES OF STATE POWER

The Grand National Assembly

ARTICLE 42. The Grand National Assembly, the su preme body of State power, shall be the sole legislative )ody of the Socialist Republic of Romania. ARTICLE 43. The Grand National Assembly shall have he following main powers : 1.to adopt and amend the Constitution of the Socia- istRepublicofRomania; 2. to regulate the electoral system ; 3. to adopt the single national plan of economic and ;ocial development, the State budget and the general inal account of the budgetary exercise ; 4. to organize the Council of Ministers ; to establish he general rules for the organization and functioning )f the ministries and the other central State bodies ; 5. to regulate the organization of the law-courts and he Public Prosecutor's Office ; 6. to issue regulations for the organization and func- ioning of the People's Councils ; 7. to establish the administrative organization of the erritory ; 8. to grantamnesty; 9. to ratify and denounce international treaties that mply modification of laws ; 10. to elect and recall the President of the Socialis Republic of Romania ; 11. to elect and recall the State Council ; 12. to elect and recall the Council of Ministers ; 13. to elect and recall the Supreme Court and tb Prosecutor General ; 14. to exercise general control over the implementa tion of the Constitution. It is only the Grand Nationa Assembly that shall decide on the constitutionality o the laws ; 15. to control the activity of the President of the So cialist Republic of Romania and of the State Council 16. to control the activity of the Council of Ministers of the ministries and of the other central bodies ol State administration ; 17. to hear reports of the activity of the Supreme Court and to control its prescriptive decisions ; 18. to control the activity of the Public Prosecutor's Office ; 19. to exercise over-all control of the activity of the People's Councils ; 20. to establish the general foreign policy line ; 21. to proclaim, in the interest of the country's de fence, of public order or of State security, the state of emergency in some localities or throughout the country's territory ; 22. to declare partial or general mobilization ; 23. to declare the state of war. The state of war may be declared only in the event of armed aggression di rected against the Socialist Republic of Romania or against another State to which the Socialist Republic of Romania has mutual defence obligations arising from international treaties, if a situation has emerged for which the obligation of declaring the state of war has been stipulated ; ARTICLE 44. The deputies to the Grand National Assembly shall be elected in constituencies with the same number of inhabitants. The constituencies shallbe established by decrees of the State Council. One deputy shall be elected for each constituency; The Grand National Assembly shall consist of three hundred and forty-nine deputies. 14

ARTICLE 45. The Grand National Assembly shall be elected for a term of five years.

The mandate of the Grand National Assembly may not cease before the expiry of the term for which it has been elected. If it finds that there are circumstances which prevent the holding of elections, the Grand National Assembly may decide to extend its mandate for the duration of these circumstances. ARTICLE 46. Elections for the Grand National Assembly shall be held on one non-working day in March of the year when the preceding term comes to an end. In the case specified in Article 45, paragraph 3, elections shall be held within two months of the expiry of the term for which the mandate of the Grand Natio nal Assembly shall have been extended. The newly-elected Grand National Assembly shall be convened within three months following the expiry of the mandate of the previous Grand National Assembly. ARTICLE 47. The Grand National Assembly shall ve rify the legality of the election of each deputy, deciding on the validation or annulment of the election. In case of an annulled election, the rights and duties of the deputy shall cease from the moment of annul ment. ARTICLE 48. The Grand National Assembly shall adopt standing orders. ARTICLE 49. The Grand National Assembly shall establish its annual budget, which shall be included in the State Budget. ARTICLE 50. The Grand National Assembly shall elect, for the duration of its term, the Bureau of the Grand National Assembly, formed of the Chairman of the Grand National Assembly and four Vice-Chairmen. ARTICLE 51. The Chairman of the Grand National Assembly shall conduct the proceedings of the sessions of the Grand National Assembly. The Chairman of the Grand National Assembly may designate any one of the four Vice-Chairmen to fulfil some of his functions. ARTICLE 52. The Grand National Assembly shall elect standing committees formed of deputies. 15

The standing committees shall examine or debate, at the request of the Grand National Assembly or of the State Council, drafts of laws, decrees, enactments or other documents that are to be adopted, and any other matters.

Also, at the request of the Grand National Assembly or the State Council, the standing committees shall, within the ambit of their respective powers, hear re ports— periodicallyorbyproblems— submittedbythe heads of any body of State administration, of the Su preme Court and of the Public Prosecutor's Office on the work of these bodies, as well as reports by the chairmen of the Executive Committees or Executive Bureaus of the People's Councils on the work of these councils, and analyse the way in which the above-men tioned bodies carry out the policy of the Romanian Communist Party and ensure the implementation of the law. The committees shall draw up reports, opinions or proposals concerning all the matters mentioned in pa ragraphs 2 and 3 and shall submit them to the Grand National Assembly or to the State Council. The Grand National Assembly may elect temporary committees on any matter or field of activity, establish ing the terms of reference and mode of activity of each of these committees. All the State bodies and officials shall be obliged to make available to the committees of the Grand Natio nal Assembly the information and documents reques ted. ARTICLE 53 *. In exercising control of the constitu tionality of the laws and in making preparations for the adoption of the laws, the Grand National Assembly shall elect a Constitutional and Juridical Committee for the duration of its term. Experts who are not deputies may be elected to the Constitutional and Juridical Committee, though not in excess of one-third of the total membership of the Committee.

• Article 53 has been reproduced as amended by Law No. 2 of 18 March 1975 published in the Official Bulletin, No. 30 of 21 March 1975.

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The Committee shall submit to the Grand National Assembly reports and opinions on the constitutionality of the laws. It shall also examine the constitutionality jf decrees which contain provisions having the force af law, and of the regulations of the Council of Minis ters,accordingtotheStandingOrdersoftheGrandNa tional Assembly.

The provisions of Article 52 shall also apply, in due manner, to the Constitutional and Juridical Committee. ARTICLE 54. The Grand National Assembly shall do business in sessions. Ordinary sessions of the Grand National Assembly shall be convened twice a year, at the instance of the Bureau of the Grand National Assembly. The Grand National Assembly shall be convened whenever necessary, in extraordinary sessions, at the initiative of the State Council or of at least one-third ofthe total number of deputies. The Grand National Assembly shall be convened in session by decree of the State Council. ARTICLE 55. The Grand National Assembly shall per form activity only if at least one half plus one of the total number of deputies are present. ARTICLE 56. The Grand National Assembly shall pass laws and enactments. The laws and enactments shall be passed by a majo rityvote of the deputies to the Grand National Assembly. The Constitution shall be adopted and amended by the vote of at least two-thirds of the total number of deputies to the Grand National Assembly. The laws and enactments of the Grand National Assembly shall be signed by the Chairman or the Vice- chairman of the Grand National Assembly who shall lave conducted the meeting. ARTICLE 57. After their adoption by the Grand Na tional Assembly, the laws shall be published in the Official Bulletin of the Socialist Republic of Romania within ten days, signed by the President of the Socia listRepublic of Romania. ARTICLE 58. Every deputy to the Grand National Assembly shall have the right to put questions and 17

address interpellations to the Council of Ministers or to any of its members.

Within the framework of the control exercised by the Grand National Assembly, a deputy may put questions and address interpellations to the President of the Su preme Court and to the Prosecutor General. Thepersontowhom aquestionofinterpellationshall have been addressed shall be obliged to reply orally or in writing within three days, and in any case during the same session. ARTICLE 59. In preparation for the debates of the Grand National Assembly or for interpellations, depu ties shall have the right to ask the necessary informa tion from any State body, applying to this end to the Bureau of the Grand National Assembly. ARTICLE 60. Each deputy shall be obliged to perio dically report to his electors on his own activity and on that of the Grand National Assembly. ARTICLE 61. No deputy to the Grand National Assembly may be detained, arrested or arraigned without the previous consent of the Grand National Assembly during the sessions and of the State Council between the sessions. A deputy may be detained without the consent only in case of flagrant offence. The State Council ARTICLE 62. The State Council of the Socialist Re public of Romania shall be a supreme standing body of State power ; it shall be subordinated to the Grand National Assembly. ARTICLE 63. The State Council shall permanently have the following main powers : 1. to establish the date of elections for the Grand Na tional Assembly and the People's Councils ; 2. to organize the ministries and the other central State bodies ; 3. to ratify and denounce international treaties, with the exception of those whose ratification comes within the competence of the Grand National Assembly ; 18

4. to establish the military ranks ;

5. to create decorations and titles of honour. ARTICLE 64. The State Council shall have, in the in tervals between the sessions of the Grand National Assembly, the following main powers : 1. to issue, without being able to change the Consti tution, enactments having the force of law. These enactments shall be submitted for debate at the next session of the Grand National Assembly, according to the rules for the passage of laws. The single national plan of economic and social development, the State Budget and the general final account of the budgetary exercise may be adopted by the State Council only when the Grand National Assembly cannot meet due to excep tional circumstances ; 2. to appoint and recall the Prime Minister ; 3. to appoint and recall the Council of Ministers and the Supreme Court if the Grand National Assembly cannot meet because of exceptional circumstances ; 4. to give the laws in force a general and compulsory interpretation ; 5.tograntamnesty; 6. to control the implementation of laws and enactments of the Grand National Assembly, the acti vity of the Council of Ministers, of the ministries and of the other central bodies of State administration, and the activity of the Public Prosecutor's Office ; to hear on reports of the Supreme Court and to control its pres criptiverulings;tocontrol the ordinances of the People's Councils ; 7. to order, in case of emergency, partial or general mobilization ; 8. to declare, in case of emergency, the state of war. The state of war may be declared only in the event of armed aggression directed against the Socialist Repu blicofRomaniaoragainstanotherStatetowhichtheSo cialist Republic of Romania has mutual defence obliga tions, arising from international treaties, if a situation has emerged for which the obligation of declaring a state of war has been stipulated ; The powers specified in this article may be exercised by the State Council also during the sessions of the 19

Grand National Assembly, if economic and social ne cessities should call for immediate adoption of measu res and the Grand National Assembly has not met in plenary session ; the enactments with the force of law thus issued shall be submitted for debate to the Grand National Assembly, according to the rules for the passage of laws, on the resumption of the plenary session.

ARTICLE 65. The State Council shall be elected by the Grand National Assembly from among its members, for the duration of its term, in its first session. The State Council shall function until the election of the new State Council in the next term. ARTICLE 66. The President of the Socialist Republic of Romania shall be President of the State Council. ARTICLE 67. The State Council shall consist of a President, Vice-Presidents and members. ARTICLE 68. The State Council shall conduct its work according to the principle of collective leadership. ARTICLE 69. The State Council shall issue decrees and adopt enactments. The decrees and enactments shall be signed by the President of the Socialist Republic of Romania. The normative decrees shall be published in the Official Bulletin of the Socialist Republic of Romania. ARTICLE 70. The State Council shall report to the Grand National Assembly on the exercise of its powers and on the observance and implementation in State activity of the laws and enactments of the Grand Natio nal Assembly. The State Council as a whole and each of its members shall be responsible to the Grand National Assembly for the entire work of the State Council.

The President of the Republic

ARTICLE 71.

The President of the Republic shall be the Head of State and shall represent the Republic in domestic and foreign functions.

ARTICLE 72.

The President of the Republic shall be elected by citizens having the right to vote throughout the country.

The candidate who has obtained at least one half plus one of the total number of valid votes cast is declared elected. If none of the candidates has met this majority, a second round of elections will be organized, on the second Sunday following the elections, between the candidates who obtained the highest and second-highest numbers of votes.

The candidate who obtained the highest number of votes in the second round is declared elected.

ARTICLE 72.

The President of the Republic shall be elected for a term of five years, and shall remain in office until the election of the President in the next term.

If it finds that there are circumstances which prevent the holding of elections, the Grand National Assembly may decide to extend the President of the Republic's mandate for the duration of these circumstances.

ARTICLE 73.

Elections of the President of the Republic shall be held on one non-working day in March of the year when the preceding term comes to an end.

In the case specified in Article 72, paragraph 2, elections shall be held within two months of the expiry of the term for which the mandate of the President of the Republic shall have been extended.

In the case the office of President becomes vacant, elections shall be held within two months of the vacancy, unless ordinary elections are due within six months. The President elected in such election shall only serve out the remainder of his predecessor's term.

ARTICLE 47.

The Supreme Court shall verify the legality of the election of the President of the Republic, deciding in its plenum on the validation or annulment of the election, within three months following the election day.

The decision of the Court shall be presented before a joint session of the Chamber of Deputies and the Senate within three months following the election day. On this date, the elected candidate begins his term as President of the Republic.

ARTICLE 47.

On assuming office, the President of the Republic shall take the following oath before the Grand National Assembly:

I solemnly swear to serve the Republic of Romania faithfully,

to observe and defend her Constitution and laws,

to firmly act in defense of her sovereignty, independence, unity and integrity, as well as democracy and the fundamental rights and freedoms of my fellow citizens,

to do my utmost for the spiritual and material well-being and happiness of the Romanian people,

to perform my duties as President with honor and devotion to the best of my ability,

and to devote all my stregnth for the glory and greatness of the Romanian nation.

So help me God!

If the position of president becomes vacant or the president is unable to exercise his duties, the president of the Senate ensures the interim exercise of the function of President of Romania. When the position of president becomes vacant, elections will be organized within a maximum of 3 months.

ARTICLE 74. The President of the Socialist Republic ofRomania shall be Supreme Commander of the Armed Forces and Chairman of the Defence Council of the So cialist Republic of Romania.

ARTICLE 75. The President of the Socialist Republic of Romania shall have, in conformity with the Constitu tion and the laws, the following main prerogatives : 1. to preside over the State Council ; 2. to preside over the meetings of the Council of Minis ters when necessary ; 3.to appoint and recall, at the suggestion of the Prime Minister, the deputy prime ministers, the ministers and the heads of other central bodies of State administration who are members of the Council of Ministers ;to appoint and remove the heads of central State bodies who are not members of the Council of Ministers ; to appoint and recall the members of the Supreme Court ; 4. to appoint and recall, while the Grand National Assembly is not met in plenary session, the President of the Supreme Court and the Prosecutor General ; 5.toconfer the ranks of general, admiral and marshal ; 6. to award decorations and titles of honour ; to authorize the wearing of decorations conferred by other States ; 7. to grant pardon ; 8. to grant citizenship, to approve renunciation of citizenship and to withdraw Romanian citizenship;to approve the establishment of domicile in Romania by citizens of other States ; 9. to grant the right of asylum ; 10. to establish the ranks of the diplomatic missions; to accredit and recall the diplomatic representatives of the Socialist Republic of Romania ; 11. to receive the letters of credence and recall of the diplomatic representatives of other States ; 12. to conclude international treaties on behalf of the Socialist Republic of Romania ; to depute, for this pur pose, the Prime Minister or members of the Council of Ministers or diplomatic representatives ; 13. In the interests of the defence of the Socialist Re public of Romania, of ensuring public order or the secu rity of the State, to proclaim, if necessary, the state of emergency, in some localities or throughout the territory of the country. In the exercise of his prerogatives, the President of the Socialist Republic of Romania shall issue presidential decrees and decisions.

President of Romania: a) designates, as prime minister, the representative of the party or political party that obtained the majority of the mandates in the parliament; in the case of not realizing this majority, he / she designates another deputy or senator, in consultation with the political parties and formations represented in the parliament; the component of the government is submitted for approval to the Assembly of Deputies and the Senate; receives from the prime minister the resignation of the government; b) appoint the president and members of the Supreme Court of Justice, with the opinion of the Senate, as well as the Attorney General; c) can convene the parliament in an extraordinary session; d) can dissolve the Constituent Assembly, with the agreement of the Prime Minister and the Presidents of the Assembly of Deputies and the Senate, if the Constitution has not been adopted within 9 months; in any case, the Constituent Assembly shall be dissolved by law unless it adopts the Constitution within 18 months of its constitution; e) presents annually to the parliament messages on the main political problems of the nation; f) may declare the partial or general mobilization of the army, with the prior approval of the parliament; in exceptional cases, the President's decision shall be submitted to the parliament for approval no later than 5 days after its taking; g) establish the state of emergency in the whole country or in some localities, with the approval of the parliament given within 5 days from the adoption of this measure; h) concludes international treaties and submits them for ratification to the parliament; i) accredits and recalls the diplomatic representatives of Romania and receives the representatives of other states; j) grant the pardon and commute the punishments; k) confer the degrees of general, admiral and marshal; l) confer decorations and titles of honor; m) enact laws. In the exercise of the above duties, the President of Romania issues decrees. The decrees are countersigned by the Prime Minister.

ARTICLE 76. The President of the Socialist Republic of Romania shall be responsible to the Grand National Assembly for all his activity. The President of the Socialist Republic of Romania shall report periodically to the Grand National Assembly ontheexerciseofhisprerogativesand on the deve lopment of the State. 22

CHAPTER IV. CENTRAL BODIES OF STATE ADMINISTRATION

ARTICLE 77. The Council of Ministers shall be the su preme body of State administration. The Council of Ministers shall exercise the general con duct of the executive activity throughout the territory ofthecountryandshallhavethefollowingmainpowers: 1. to establish general measures necessary for the im plementation of the domestic and foreign policy ; 2. to decide on the measures necessary for organizing and ensuring the implementation of the laws ; 3. to direct, co-ordinate and control the work of the ministries and of the other central bodies of State ad ministration ; 4. to work out the draft single national plan of econo mic and social development, the draft State Budget, and anyotherbills;toworkoutdraftdecrees; 5. to establish measures for the implementation of the single national plan of economic and social development and of the State Budget ; to draw up the general report on the implementation of the single national plan of economic and social development and the general final account of the budgetary exercise. 6. to set up economic organizations, enterprises and state institutions of national interest ; 7. to take measures for ensuring public order, defen ding the interests of the State and protecting the rights of the citizens ; 8. to take measures, according to the decisions of the Defence Council, for the general organization of the Ar med Forces and for establishing the annual contingents of citizens to be called up for military service ; 9. to exercise over-all direction in the field of relations with other States and to take measures for the conclu sion of international agreements ; 10. to support the work of the mass and public orga nizations ; 23

11. to exercise, as provided by law, its powers of direc tion and control of the work of the Executive Commit tees and Executive Bureaus of the People's Councils.

ARTICLE 78. The Council of Ministers shall be elected by the Grand National Assembly, for the duration of the term, in its first session. The Council of Ministers shall function until the election of the new Council of Minis ters in the next term. ARTICLE79.Intheexerciseofitspowers,theCouncil of Ministers shall adopt decisions on the basis and for the purpose of the implementation of the laws. The decisions of a normative character shall be pu blished in the Official Bulletin of the Socialist Republic of Romania. ARTICLE 80. The Council of Ministers shall consist of the Prime Minister, deputy prime ministers, ministers, ministers State-secretaries, and heads of other central bodies of State administration specified by law. Members of the Council of Ministers shall also be :the Chairman of the Central Council of the General Trade Union Confederation, the Chairman of the National Union of Agricultural Production Co-operatives, the Pre sident of the National Women's Council and the First Secretary of the Central Committee of the Union of Communist Youth. ARTICLE 81. The Council of Ministers shall conduct its work according to the principle of collective leader ship, ensuring the unity of political and administrative action of the ministries and of the other central bodies of State administration. ARTICLE 82. The Council of Ministers as a whole and each of its members shall be responsible to the Grand National Assembly and, in the interval between sessions, to the State council. Each member of the Council of Mi nisters is answerable both for his own work and for all the work of the Council of Ministers. ARTICLE 83. The ministries and the other central bo dies of the State administration shall implement the State's policy in the branches or fields of activity for which they have been set up. They shall manage, direct and control the enterprises, economic organizations and State institutions subordi nate to them. 24

ARTICLE 84. The ministers and the heads of the other central bodies of State administration shall issue, on the basis and for the purpose of implementing the laws and the decisions of the Council of Ministers, instructions, orders and other regulations specified by law ;theirnor mative directions shall be published in the Official Bulle tin of the Socialist Republic of Romania.

ARTICLE 85. The ministers and the other heads of central bodies of State administration shall be respon sible to the Council of Ministers for the work of the bo dies in their charge. CHAPTER V LOCAL BODIES OF STATE POWER AND LOCAL BODIES OF STATE ADMINISTRATION ARTICLE 86. The People's Councils shall be the local bodies of State power in the territorial-administrative units in which they shall have been elected. The People's Councils shall conduct the local activity, ensuring the economic and socio-cultural development and the physical planning of the territorial-administra tive units in which they shall have been elected, the de fence of socialist property, the protection of the citizens' rights, socialist legality and the maintenance of public order. The People's Councils shall organize the participation ofthe citizens in the solution of State and public affairs on the local level. ARTICLE 87. The People's Councils shall have the following main powers : 1.toadoptthelocaleconomicplanandbudgetandto approve the final account of the budgetary year ; 2. to elect and recall the Executive Committee or, as the case may be, the Executive Bureau of the People's Council ; 3. to set up economic organizations, enterprises and State institutions of local interest ; 25

4. to conduct, direct and control the work of its Exe cutive Committee, or, as the case may be, of its Execu tive Bureau, of the specialized local bodies of State ad ministration, and of the subordinate economic organiza tions, enterprises and institutions ;

5. to control the ordinances of hierarchically inferior People's Councils ; 6. to elect and recall, according to law, the judges, the people's assessors and the Chief Prosecutor of the county or of Bucharest Municipality. ARTICLE 88. The People's Councils shall consist of deputies elected by the constituencies, one deputy being elected for each constituency. The constituencies formed for the election of deputies to a People's Council shall have the same number of in habitants. The term of the People's Councils shall be of five years for the counties and for Bucharest Municipality, and of two and one half years for the municipalities, the dis trictsofBucharest Municipality, the cities and the communes. The date of elections for the People's Councils shall be set according to law. ARTICLE 89. The People's Councils shall elect, from among their members, standing committees which shall help them in the fulfilment of their tasks. ARTICLE 90. The People's Councils shall perform ac tivity in sessions ; the sessions shall be convened by the Executive Committee or, as the case may be, by the Executive Bureau of the People's Council. The People's Councils shall be called in extraordinary sessions whenever necessary, at the initiative of the Exe cutiveCommittee,orasthecasemaybe,oftheExecutive Bureau, or of at least one-third of the total membership. ARTICLE 91. The People's Councils shall perform ac tivity with a quorum of at least one half plus one of the total membership. ARTICLE 92. Each deputy must periodically report to his electors on his own activity and on that of the People's council to which he has been elected. ARTICLE 93. The People's Councils shall adopt ordi nances. 26

An ordinance shall be adopted if it shall have received the vote of the majority of the People's Council m e m bers. Ordinances of a normative character shall be communicated to the citizens in the forms specified by law.

ARTICLE 94. The Executive Committee of the People's Council and the Executive Bureau of the People's Coun cil shall be local bodies of State administration with over-all competence in the territorial-administrative unit in which the People's Council shall have been elected. ARTICLE 95. The Executive Committee of the People's Council and the Executive Bureau of the People's Coun cilshall have the following main powers : 1. to implement the laws, the decrees, as well as the decisions of the Council of Ministers and other enactments of the higher bodies ; 2. to carry out the ordinances of the People's Councils which have elected them ; 3.toworkoutthedraftsoftheeconomicplanandthe local budget ; 4.tocarryouttheeconomicplanandthelocalbudget, and to draw up the report on the fulfilment of the local economic plan and the final account of the budgetary exercise ; 5. to conduct, direct and control the work of the spe cialized local bodies of State administration ; 6.toconduct,direct,co-ordinateandcontrolthework of the subordinated economic organizations, enterprises and institutions ; 7.toconduct,direct,andcontroltheworkoftheExe cutiveCommittees,or,asthecasemaybe,theExecutive Bureaus of the People's Councils that are hierarchically inferior to those which elected them ; In the intervals between sessions of the People's Council,theExecutiveCommittee,or,asthecasemaybe, the Executive Bureaus shall also fulfil the tasks of the People's Council, except those mentioned in Article 87, points 1, 2, 3, 4, 5 and 6 and shall submit the ordinances adopted to the People's Council at its first session. ARTICLE 96. The People's Councils of the counties, of Bucharest Municipality, of the districts of Bucharest Municipality, and of the municipalities shall elect Execu 27

tive Committees, and the People's Councils of the cities and communes shall elect Executive Bureaus.

The Executive Committee or the Executive Bureau shall be elected from among the members of the People's Council, in the first session after the elections, for the duration of the term of that Council. After the expiry of the term of the People's Council, the Executive Committee or, as the case may be, the Executive Bureau shall continue to function until the election of the new Executive Committee or Executive Bureau. ARTICLE 97. The Executive Committee or the Execu tive Bureau of the People's Council shall consist, accor ding to law, of one chairman, one or more vice-chairmen, and other members. ARTICLE 98. In the exercise of its powers, the Execu tive Committee, or the Executive Bureau of the People's Council shall issue ordinances on the basis and for the purpose of implementing the law. Ordinances of a normative character shall be c o m m u nicated to the citizens in the forms specified by law. ARTICLE 99. The Executive Committee and the Exe cutive Bureau shall conduct their work according to the principle of collective leadership. The Executive Committee or the Executive Bureau as a whole and each of its members shall be responsible to the People's Council which shall have elected them, as well as to the Executive Committee, or the Executive Bureau, of the hierarchically superior People's Council and to the Council of Ministers. Each member of the Executive Committee or Execu tive Bureau shall be responsible for his own activity and for the whole activity of the body the member of which heis. ARTICLE 100. The People's Councils shall organize, according to law, local specialized bodies of State admi nistration under their Executive Committees, or, as the case may be, Executive Bureaus. The local specialized bodies of State administration shall be subordinated both to the People's Council and the Executive Committee or, as the case may be, to the Executive Bu reau, as well as to the hierarchically superior local and central bodies of State administration. 28

CHAPTER VI

JUDICIAL ORGANS ARTICLE 101. In the Socialist Republic of Romania justice shall be administered, according to law, by the Supreme Court, the county courts, local courts and by military courts. ARTICLE 102. By their judiciary activity, the courts shall defend the socialist system and the rights of per sons, educating the citizens in a spirit of respect for the law. In applying penal sanctions, the courts shall aim at re forming and re-educating the offenders, and at preven ting the commission of new offences. ARTICLE 103. The courts shall try civil, penal and any other cases within their actual competencies. In the cases specified by law, the courts shall exercise control over the decisions of administrative or public bodies having a jurisdictional activity. The courts shall hear the cases brought by persons harmed in their rights by administrative acts, and shall be able, in the conditions specified by law, also to pro nounce on the legality of such acts. ARTICLE 104. The Supreme Court shall exercise gene ral control over the judicial activity of all the courts. The mode of exercising this control shall be established by law. With a view to ensuring uniform application of the laws in the judicial activity, the Supreme Court, in its plenum, shall issue prescriptive rulings. ARTICLE 105. The Supreme Court shall be elected by the Grand National Assembly, for the duration of the term, in its first session. The Supreme Court shall function until the election ofthe new Supreme Court in the next term. ARTICLE 106. The Supreme Court shall be responsible foritsactivitytotheGrandNationalAssemblyand,be tween sessions, to the State Council. ARTICLE 107. The organization of the courts, their ju risdiction and the judicial procedure shall be established by law. 29

Cases in the first instance of the courts, county courts and military courts shall be tried with the participation of people's assessors, unless otherwise specified by law.

ARTICLE 108. Judges and people's assessors shall be elected in accordance with the procedure established by law. ARTICLE 109. In the Socialist Republic of Romania judicial procedure shall be conducted in the Romanian language ; in the territorial-administrative units which are inhabited also by population of another nationality than Romanian, the use of the mother tongue of that popula tion shall be assured. The parties who cannot speak the language in which the judicial procedure is conducted shall be enabled to become acquainted with the facts of the case through interpretation and shall have the right to speak in court and to sum up in their native language. ARTICLE 110. Trials shall be held in public sessions, unless otherwise prescribed by law. ARTICLE 111.Intheirjudicialactivity,thejudgesand the people's assessors shall be independent and amena ble only to the law. CHAPTER VII ORGANS OF THE PUBLIC PROSECUTOR'S OFFICE ARTICLE 112. The Public Prosecutor's Office of the Socialist Republic of Romania shall supervise the work of the organs of penal prosecution and of execution, and shall watch, as established by law, over the observance of legality, the defence of the Socialist order, of the le gitimate interests and rights of the Socialist organiza tions, of other juristic persons and of the citizens. ARTICLE 113. The Public Prosecutor's Office shall be headed by the Prosecutor General. The organs of the Pu blic Prosecutor's Office shall be the General Prosecutor's Office and the county, local and military prosecutor's offices. 30

The organs of the Public Prosecutor's Office shall be hierarchically subordinated.

ARTICLE 114. The Prosecutor General shall be elected bytheGrandNationalAssembly,forthedurationofthe term, in its first session, and shall function until the electionofthenewProsecutorGeneralinthefirstsession ofthenextterm. The public prosecutors shall be appointed according to law, with the exception of those mentioned in Article 87,point 6. ARTICLE 115. The Prosecutor General shall be respon sible to the Grand National Assembly, and, between ses sions, to the State Council, for the work of the Public Prosecutor's Office. CHAPTER VIII INSIGNIA OF THE SOCIALIST REPUBLIC OF ROMANIA ARTICLE 116. The Arms of the Socialist Republic of Romania shall represent wooded mountains over which thesunisrising.AttheleftsideoftheArmsthereshall be an oil derrick. The Arms shall be surrounded by a wreath of wheat ears. The Arms shall be surmounted by afive-pointed star. At the base of the Arms the sheaves shallbe wrapped in a tricolour ribbon bearing the words Republica Socialists Romania". ARTICLE 117. The State Seal shall bear the country's Arms with the words : "Republica Socialists Romania" round it. ARTICLE 118. The flag of the Socialist Republic of Romania shall bear the colours red, yellow and blue, placed vertically with the blue stripe next to the staff. ARTICLE 119. The State Anthem of the Socialist Republic of Romania shall be approved by the Grand Na tional Assembly. 31

CHAPTER IX

FINAL PROVISIONS ARTICLE 120. The present Constitution shall come into force on the date of its adoption. ARTICLE 121. The Constitution of 24 September 1952 and any provisions of laws, decrees and other enactments contrary to the provisions of the present Constitution shall be abrogated on the same date.