vineri, 23 mai 2014

CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT ) Part 1

CONSTITUTIONAL GROUP “ TIMISOARA “
Phone: 0256/446595
Email: desteptarea.romaniei.24@gmail.com
Web-site: www.lorin-fortuna.ro
No.2 / May 9th 2013
CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT )
has been made for the proper revision of the current Constitution of Romania ( by observing the
constitutional provisions regarding the limits of the Constitution’s revision set by article 152 of the
current Constitution of Romania) with the view of putting the present Constitution of Romania in
accordance with the ideals of the Romanian Revolution of December 1989 ( RRD-1989 ) as well as in
accordance with the will of the State electorate, expressed by referendum, regarding the way of forming
the Parliament and the way of dismissal of the President of the State in case he was suspended by
Parliament, but especially in order to turn the current Constitution of Romania from “ Official
declaration of constitutional desiderata “ which it actually is, into “ Supreme law of State “ as it should
be both by right and in fact, within an authentic, democratic State of law.
Part 1
NOTE: this undertaking of constitutional revision has been made by some persons ( that are not
professional jurists but self-taught persons in Constitutional law ) not by desire or ambition or self-
pride to show what they are capable of doing, but out of exasperation and despair of seeing that in
Romania and even outside of Romania it seems that there are no more professional jurists, including the
deontological aspect too, according to the oath taken on finishing their law studies, who should be of
good faith as well as of good will to do true justice at all society levels. In this context we do not recall to
hear a professional jurist, who specializes in constitutional law, to assume the task of signaling out and
even of claiming publicly the disastrous situation, from the constitutional point of view, existing now in
Romania after carrying out a bloody revolution, but instead we have been “provided “ with just a
“Declaration of intents and constitutional desiderata “, namely, in fact, a constitutional “ bluff “
instead of an authentic Constitution, namely a Supreme State Law, that the authentic participants to
the Romanian Revolution of December 1989 would have fully deserved and especially those remarked
for uncommon deeds, including sacrifice and suffering, but unfortunately because of a masonic and
political party–like mafia and its specific clientele which have treacherously , occultly and subversively
seized the State power they did not have the chance to achieve this fundamental objective on the State
level. Consequently, given the lack of other initiatives worthy to be taken into consideration we
assumed out of moral and patriotic impetuses the duty of acting, to the best of our abilities, in order to
concretely and correctly resolve what we do consider to be the fundamental, constitutional problem of
Romania, with the main desire to put an end, in this way, to the catastrophic degradation of the
Romanian society and to avoid the state disintegration as well as the population destruction in order to
ensure to our descendants not only a past but also a present and a future, genuinely Romanian, within
the World in which we do exist.
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Title I: State Principles
Article 1: Romanian State
(1) Romania is a national, sovereign, independent, unitary and indivisible State.
(2) The form of government of the State is a Republic.
(3) Romania is a democratic, social, laical State of law based on merits recognition at society level,
in which the human dignity, rights and freedoms among which the free development of human
personality, justice and political pluralism represent civilization values of utmost importance at
society level, in accordance with the traditional aspirations of the majority of state population
as well as in accordance with the ideals of the Romanian Revolution of December 1989 and are
guaranteed.
(4) The observing of the legislative supremacy of the Constitution of Romania as against the other
laws of the Romanian State is mandatory and guaranteed.
(5) The Romanian State shall be organized according to the principle of the separation and balance
of state powers: national ( belonging to population ), presidential, executive, legislative, judicial (
institutional type ), within the constitutional democracy, by means of two fundamental types of
sovereignty powers , namely: the Sovereignty of Population and the Institutional Sovereignty.
Article 2: Sovereignty
(1) The national sovereignty , as supreme state power, belongs, by right and exclusively, to the
Romanian Nation, consisting of those inhabitants of the Romanian State who reached the age
of 14 years and do have a state-citizenship identity paper as well as do possess a specific power
of discernment of social maturity, officially ascertained and certified by the Institution of State
Population by issuing an identity and social maturity paper showing the qualification as state-
citizen which grants to its owner a certain number of rights and imposes a certain number of
specific duties towards society, established by the State Population Law.
(2) The national sovereignty is the supreme State power that is exercised through national
plebiscite attended by the national electorate made up of state-citizens and is applied to state
matters of fundamental importance level and of main importance level respectively stated as
such, initially, as level of competence, the same through national plebiscite but prior to the
revision of the Constitution of Romania and being afterwards included as constitutional
provisions.
(3) The state citizen who reached the age of 18 years and built up himself a full and mature social
conscience, both as discernment and as education as well as actual involvement at society level,
appreciated as such by the Institution of the State Population Records, can ask the
aforementioned institution to be granted the quality of: state patriot, in order to benefit by
some rights as well as to get certain obligations, specific to this population category which is
considered at constitutional level to be of bigger qualitative importance, at society level, for the
Romanian state, than the population category of state-citizen, this former category making up
on the whole the national patriotic electorate.
(4) Those persons, out of the state population, who did not get an identity paper stating the quality
of state-citizen or state-patriot respectively but who meet certain criteria of state affiliation ( set
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(5)
(6)
(7)
(8)
by state population law ) can obtain from the institution of the state population records an
identity paper whereby they get the quality of: state- native, as persons who benefit by certain
rights but also get certain specific social duties, through the State Population law, of an
adequate inferior level as compared to the other two population categories mentioned above.
Those persons, out of the state population, to whom a state – native certificate has been issued,
but who are characterized by a lack of an adequate social discernment as well as by an
incapacity of social adaptation, ascertained, as such, by the Institution of the Population
Records, get from the afore mentioned institution a special identity paper showing they are
placed either under state tutelage or under personal tutelage meaning that for the existence of
such a person officially are responsible either a state competent institution or a competent state
native person, state citizen, state patriot respectively, empowered for this purpose by the same
Institution for the Population Records.
Those persons, out of the state population, who have not received, for specific reasons, an
identity paper as state native, or state citizen or state patriot respectively are officially
considered as temporary resident persons with provisional status, within the Romanian State
until their official identification and temporary integration, in a certain legal way and their taking
over by the state authorized institutions in view of resolving the provisional existential situation
of these persons in accordance with the provisions of the State population Law.
The institutional Sovereignty is inferior, as State power, by comparison with the national
Sovereignty and is performed institutionally through state institutions, constitutionally and
legislatively empowered, as state Powers, specifically institutional, at the state, district and local
levels respectively, set up by free, periodical and correct elections of the leaders and of the
members of the respective institutions.
No group or person can exercise the Sovereignty in their own name.
Article 3: State Territory
(1) The territory of the Romanian state is inalienable, being administratively organized into
communes, towns and counties.
(2) The territory of the Romanian state can be re-completed, in time, with territories which
belonged in the past to the Romanian state, but which, by acts of arbitrary aggression ( in the
Romanian nation’s judgment as the exclusive holder of the national Sovereignty ) have been
forcibly divided off the territory of the Romanian State, of that time, and have been included
into the other states territories.
(3) The territory of the Romanian State is showed in Annex 1 of the Romania’s Constitution and it is
an integral part of the Constitution.
(4) The Romanian State has, at present, a territorial dispute, yet unsolved completely, from the
point of view of the International Law, with the Ukrainian State, regarding the possession right
over the Snake Island of Black Sea as well as over the afferent maritime space of this island.
(5) No foreign populations can be displaced or colonized on the territory of the Romanian State.
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Article 4: Unity of the Romanian Nation
(1) Romania has as state foundation the unity of the Romanian nation and the state solidarity of its
citizens ( called: nationalism ) as well as the state solidarity of its patriots ( called: patriotism )
meant to protect and consolidate the Romanian state, as common Nation and common
Homeland respectively.
(2) Romania is the common Country of all its natives, the common Nation of all its citizens and the
common Homeland of all its patriots regardless of race, ethnic origin, language, religion (
constitutionally admitted ), sex, opinion, political affiliation ( constitutionally admitted ), wealth
or social origin.
Article 5: Patriot capacity, citizenship, native capacity, residentship
(1) The capacity of a native of the Romanian state is acquired by birth within the territory of the
Romanian state but only in the case when at least one of the parents is a native or in case the
child although was not born on the territory of the Romanian state one of the parents is a native
or citizen or patriot of the Romanian State and the child was entrusted to him ( her ) for tutorial,
specifically parental purpose by an officially authorized institution in Romania.
(2) The capacity of a resident of the Romanian State is granted, temporarily, to a person which, for
various reasons ( officially stipulated in the State Population Law ) wants or needs to temporarily
and legally live within the Romanian state, or to a person found on the territory of the Romanian
state without possessing an official state identity paper, afferent to the Romanian state or any
other state, until the existential situation of that person shall be resolved.
(3) The capacity of a citizen of the Romanian State can be acquired by natives or by non-natives,
based exclusively on merits recognition at the society level, according to the provisions of the
State Population Law.
(4) The capacity of a patriot of the Romanian State can be acquired by citizens of the Romanian
State only, based exclusively on merits recognition at the society level, according to the
provisions of the State Population Law.
(5) The capacities of a temporary-resident, native, citizen and patriot can be acquired , kept or lost
provided that certain provisions correspondingly stipulated for this purpose by the State
Population Law are or not properly fulfilled.
Article 6: Right to specific identity
(1) The Romanian state recognizes and guarantees, as a right to specific identity, the right of the
persons belonging to ethnic minorities that cohabit, within the Romanian state, alongside of the
Romanian nation ( as the main ethnic population and founder of the state ) to the preservation,
development and expression of their ethnical identity, from cultural, linguistic, traditional point
of view on condition that this right should not affect , by the way in which it is applied, the
similar right granted to the persons belonging to other cohabiting ethnic minorities and also
should not undermine the special right the Romanian nation should benefit by, as main ethnic
population and founder of the state ( which endured and continues to bear, to the utmost
extent, not only the burden of making up the Romanian state but also the burden of keeping
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(2)
(3)
(4)
(5)
and consolidating it ), right which is recognized, defended and promoted adequately by the big
majority of the independent, sovereign, unitary and multi-ethnic states which have a single main
and state founding ethnic population.
The Romanian state recognizes, appreciates and stimulates adequately ( by the State Population
Law ), as a State constitutionally declared as being based on merits recognition at society level,
on the one side, the important role in the founding of the Romanian State of the Ethnic
cohabiting minorities considered as native-ones ( namely those which were formed on the
territory of the present Romanian State and which existed at the time when the Romanian State
was made up ) and which supported the forming of the Romanian State, in comparison with the
native cohabiting ethnic minorities but which did not support the forming of the Romanian State
or even undermined its making up, as well as adequately appreciates on the other hand the
Ethnic non-native cohabiting minorities too ( namely which were formed on the territory of the
present Romanian State after its making up ) but which have supported the existence and
consolidation of the Romanian State, in comparison with the non-native cohabiting minorities
that did not support the existence and consolidation of the Romanian State or even undermined
it. In the same context, the Romanian State appreciates and stimulates correspondingly the
Ethnic cohabiting minorities which have showed solidarity with and even loyalty towards the
Romanian State, thus supporting the Romanian Ethnic population, as the Main ethnic population
and founder of the state, in its efforts to defend, maintain and consolidate the Romanian State.
The protection measures taken by the Romanian State for the preservation, development and
expression of the identity of the persons belonging to Ethnic cohabiting minorities should be in
compliance with the equality and merits-based appreciation principles, at the society level, in
order not to make any discrimination ( in no other way but based on merit-recognition, defined
at the constitutional level ) in comparison with the other Ethnic cohabiting minorities.
The Romanian State, as a laical state, does not allow the teaching, as a study object, of religions,
in the public education ( but only as a social, historical, specific phenomenon within a history of
religions’ discipline ), does not favor the religious communities and does not allow the practice,
on the territory of the Romanian State, of those religions which from the ideological, specifically
religious point of view are false and subversive at the existential level [ for example: those
promoting the existential enslavement or servitude by christening at birth as well as by other
rituals, specifically religious, towards certain persons named “God “ ( “ Dumnezeu “) or having
other names, without fully knowing who and what kind of persons these are ], nor the religious
proselytism, with the purpose of recruiting, by deception, of practitioners of the respective
religions.
The Romanian State neither supports nor favors the setting up of organizations of sexually-
deviationists’ communities ( which are considered abnormal persons, seriously ill, sexually and
mentally, who should be adequately treated in order to get back to the condition of normal
people ). In the aforesaid context the Romanian State forbids the marriage, on the territory of
the Romanian State, as well as the official recognition of the families set up by persons having
the same sex and especially the adoption of children by sexually-deviationist couples, inclusively
with the purpose of defending those children from the danger of being turned, themselves too,
in time, into sexually-deviationists, by those who want to adopt them.
Article 7: Romanians living abroad
(1) The Romanian State supports the strengthening of the links with the Romanians living abroad
and acts for the preservation, development and affirmation of their ethnic, cultural, linguistic
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and traditional identity, with the observance of the legislation of the State whose citizens they
are.
(2) The Romanian State supports, particularly, the organized Romanian communities from other
States and especially the Romanian communities from the neighboring States of Romania with
the purpose of defending and sustaining their existence as well as of fully affirming of their
specific identity, inclusively as an important interstate link and collaboration bridge with the
respective States.
Article 8: Political pluralism and political organizations
(1) The political pluralism represents, in the Romanian society, both a condition and a guarantee of
the constitutional democracy.
(2) The political pluralism contributes to the defining and respectively to the expressing, in an
organized way, of the political will of the Population members, while observing the national
Sovereignty, the Constitution and state legislation, the territorial integrity, the legal order of the
Romanian State and the principles of democracy.
(3) The political pluralism is carried on by means of organizations of associative, civic type and party
type respectively, which define, by their statutes, the will to perform, in an organized way,
political activities, in accordance with the specific constitutional and legal provisions of the
Romanian State.
Article 9: Professional organizations
(1) The professional organizations can be of trade-union type, employers’ association type, of other
type respectively, in accordance with the constitutional and legislative provisions of the
Romanian State, contributing to the protection of the rights and to the promotion of the
specific interests of their members.
Article 10: International Relations
(1) The Romanian State establishes and develops interstate collaboration relations as well as with
international organizations, on mutual advantageous basis and mutual state respect, with the
States which on their turn want to develop such relationships, and especially with the
neighboring states as well as with the States in which exist and live, in their specific way,
organized Romanian communities.
(2) Romania can be a member of international organizations, set up in a democratic way, on the
basis of mutual respect as well as on the basis of mutual advantageous collaboration.
Article 11: International law and national law
(1) The Romanian State undertakes to observe and apply, in good faith, the assumed engagements
deriving from the treaties it is a party to, on condition that the other parties too of the
respective treaties shall proceed alike.
(2) The international treaties, ratified by the Romanian State, are part of the internal legislation of
the Romanian State.
(3) If a treaty which Romania wants to be a party to, contains provisions contrary to the
Constitution of Romania, the signing and respectively the ratification of that treaty may only
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take place whether the Romanian nation decides, by plebiscite, the adequate revision of the
Constitution of Romania.
Article 12: National symbols
(1) The flag of Romania is hexacolour, the colours being arranged vertically, in the following order
from the flag pole: green, blue, brown, yellow, light-blue, white.
(2) The National Day of Romania is on the 1st of December and days of national importance are:
January 24th, May 9th, December 21st.
(3) The National anthem of Romania is “ On our flag is written unity “.
(4) The coat of arms of Romania and the seal of the Romanian state are presented in the Annex 2
and the Annex 3 respectively, which are integrant parts of the Constitution of Romania and are
achieved by an adequate association of some heraldic symbols, exclusively benefic, from the
esoteric point of view, for the Romanian State, as well as by the association of some specific
traditional symbols, properly selected, in order to be representative and also exclusively
benefic, from the esoteric point of view, for the historical provinces which existed and united
to form the Romanian State.
Article 13: Official language
(1) In the Romanian State, the official language, at the state level, is the Romanian language.
Article 14: The Capital
(1) The Capital of the Romanian state is established by national plebiscite, following to be
designated and mentioned, at constitutional level, after performing the respective national
plebiscite.
( to be continued )
Lorin Fortuna
Head of the Constitutional Group “ Timisoara “
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