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Constitution of Romania (1991, as amended 2003) (excerpts related to election) (English)
THE CONSTITUTION OF ROMANIA
Published in the Official Gazette of Romania, Part I, no.233 on November 21, 1991
As amended and supplemented by the Law for the revision of the Constitution of Romania, No. 429/2003
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Sovereignty
Article 2
(1) The national sovereignty shall reside within the Romanian people, that shall exercise it by means of their representative bodies, resulting from free, periodical and fair elections, as well as by referendum.
(2) No group or person may exercise sovereignty in one's own name.
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Pluralism and Political Parties
Article 8
(1) Pluralism in the Romanian society is a condition and guarantee of constitutional democracy.
(2) Political parties shall be established and shall pursue their activities in accordance with the law. They contribute to the definition and expression of the political will of the citizens, while observing national sovereignty, territorial integrity, the legal order and the principles of democracy.
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CHAPTER II
Fundamental Rights and Freedoms
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Right to Vote
Article 36
(1) Every citizen having attained the age of eighteen up to or on the elections day shall have the right to vote.
(2) The mentally deficient or alienated, laid under interdiction, as well as persons disenfranchised by a final decision of the court cannot vote.
Right to Be Elected
Article 37
(1) Eligibility is granted to all citizens having the right to vote, who meet the requirements in Article 16 paragraph (3), unless they are forbidden to join a political party, in accordance with Article 40 paragraph (3).
(2) Candidates must have turned, up to or on the elections day, at least twenty-three years in order to be elected for the Chamber of Deputies or the bodies of local public administration, at least thirty-three years in order to be elected for the Senate, and at least thirty-five years in order to be elected for the office of President of Romania.
Right to Be Elected for the European Parliament
Article 38
Once Romania has acceded to the European Union, Romanian citizens shall have the right to elect and be elected for the European Parliament.
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TITLE III
Public Authorities
CHAPTER I
Parliament
Section 1
Organization and Functioning
Role and Structure
Article 61
(1) Parliament is the supreme representative body of the Romanian people and the Country's sole legislative authority.
(2) Parliament consists of the Chamber of Deputies and the Senate.
Election of the Chambers
Article 62
(1) The Chamber of Deputies and the Senate shall be elected by universal, equal, direct, secret and free suffrage, in accordance with the electoral law.
(2) Organizations of citizens belonging to national minorities, which fail to obtain the number of votes for representation in Parliament, have the right to one Deputy seat each, under the terms of the electoral law. Citizens of a national minority are entitled to be represented by one organization only.
(3) The number of Deputies and Senators shall be established by the electoral law, in proportion to the population of Romania
Term of Office
Article 63
(1) The Chamber of Deputies and the Senate shall be elected for a term of office of four years, which is extended de jure in the event of a mobilization, war, siege, or emergency, until such event has ceased to exist.
(2) Elections to the Chamber of Deputies and the Senate shall be held within three months from the expiration of the term of office or Parliament dissolution.
(3) The newly elected Parliament shall meet upon convening by the President of Romania, within twenty days after elections.
(4) The Chambers' term of office shall be prolonged until the new Parliament legally meets. During this period, the Constitution may not undergo any revision, nor may any organic law be passed, amended or repealed.
(5) Bills or legislative proposals entered on the agenda of the preceding Parliament shall be carried over into the session of the new Parliament.
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Section 3
Law-making Procedure
Classes of Laws
Article 73
(1) Parliament passes constitutional, organic, and ordinary laws.
(2) Constitutional laws shall be those for the revision of the Constitution.
(3) Organic laws shall regulate:
a) the electoral system; the organization and functioning of the Permanent Electoral Authority;
b) the organization, functioning, and financing of political parties;
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d) the organization and holding of referendum;
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CHAPTER II
The President of Romania
Role of the President
Article 80
(1) The President of Romania shall represent the Romanian State and is the safeguard of the national independence, unity and territorial integrity of the country.
(2) The President of Romania shall guard the observance of the Constitution and the proper functioning of public authorities. To this effect, he shall act as a mediator between the Powers in the State, as well as between the State and society.
Election of the President
Article 81
(1) The President of Romania shall be elected by universal, equal, direct, secret and free suffrage.
(2) The candidate who, in the first ballot, obtained a majority of votes of the electors entered on the electoral lists shall be declared elected.
(3) In the case that no candidate has obtained such majority, a second ballot shall be held between the first two candidates highest in the order of the numbers of votes cast for them in the first ballot. The candidate having the greatest number of votes shall be declared elected.
(4) No one may hold the office of President of Romania but two terms at the most, that can also be consecutive.
Validation of Mandate and Oath-Taking
Article 82
(1) The election returns for the Presidency of Romania shall be validated by the Constitutional Court.
(2) The candidate whose election has been validated shall take before the Chamber of Deputies and the Senate, in a joint session, the following oath:
"I solemnly swear that I will dedicate all strength and the best of my ability for the spiritual and material welfare of the Romanian people, to abide by the Constitution and laws of the Country, to defend democracy, the fundamental rights and freedoms of my fellow-citizens, Romania's sovereignty, independence, unity and territorial integrity. So help me God!"
Term of Office
Article 83
(1) The term of office of the President of Romania is five years, being exercised from the date the oath was taken.
(2) The President of Romania shall exercise his office until the new President-elect takes the oath.
(3) The term of office of the President of Romania may be prolonged, by an organic law, in the event of war or catastrophe.
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TITLE V
Constitutional Court
Referendum
Article 90
The President of Romania may, after consultation with Parliament, ask the people of Romania to express, by referendum, its will on matters of national interest.
Powers
Article 146
The Constitutional Court shall have the following powers:
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f) to guard the observance of the procedure for the election of the President of Romania and to confirm the ballot returns;
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i) to guard the observance of the procedure for the organization and holding of a referendum, and to confirm its returns;
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k) to decide on challenges against the constitutionality of a political party;
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TITLE VII
Revision of the Constitution
Initiative of Revision
Article 150
(1) Revision of the Constitution may be initiated by the President of Romania on proposal of the Government, by at least one quarter of the number of Deputies or Senators, as well as by at least 500,000 citizens with the right to vote.
(2) The citizens who initiate the revision of the Constitution must belong to at least half the number of the counties in the country, and in each of the respective counties or in the Municipality of Bucharest, at least 20,000 signatures must be recorded in support of this initiative.
Procedure of Revision
Article 151
(1) The draft or proposal of revision must be adopted by the Chamber of Deputies and the Senate, by a majority of at least two thirds of the members of each Chamber.
(2) If no agreement can be reached by a mediation procedure, the Chamber of Deputies and the Senate shall decide thereupon, in joint session, by the vote of at least three quarters of the number of Deputies and Senators.
(3) The revision shall be final after approval by a referendum held within thirty days at the most from the date of passing the draft or proposal of revision.
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