vineri, 23 mai 2014

CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT ) Part III

CONSTITUTIONAL GROUP “ TIMISOARA “
Phone: 0256/446595
E-mail: forum.constitutional.timisoara@gmail.com
Web-site: www.lorin-fortuna.ro
No.3 / May 19th, 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 III
Title II: Fundamental rights, freedoms and duties
Chapter II: Fundamental rights and freedoms
Article 31: Right to information
(1) For a person to be able to actively and beneficially participate in the existential societal
evolution, within the Romanian State, he/she has to be fully and accurately informed.
(2) The right of a person to have access, officially, to information of public interest, is guaranteed
and cannot be restricted.
(3) The public authorities, according to their competences, at the constitutional level, respectively
at the legislative level, have the obligation to ensure the correct information of the State
population concerning the public interest issues as well as on issues of personal interest, of the
persons in question, in the relation with the public institutions.
(4) The means of mass communication, public and private, have the obligation to ensure the
correct information of the State Population on all important matters from the social, respectively
societal point of view.
(5) The state public press services, radio, television and data transmission networks, should ensure
the public right to expression of the opinions of the civic, political, professional groups as well as
of other types, legally constituted, at their request as well as according to priority, depending on
their social, respectively societal importance, proven both separately as a group and within
adequate debates, correctly and competently carried out and especially not manipulated in favor
of the groups of interests, of clientage specific type, or even occult and subversive, of civic,
political party, ethnic, religious, masonic, mafia-like organizational type and of other nature.
Article 32: Right to education and learning
(1) The right to education, respectively the right to learning are provided by the public
educational system, respectively by the public tuition system, compulsory and free of charge, at
general, primary, secondary (gymnasium) and tertiary (high school) levels.
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(2) The right to learning is provided, free of charge, through the public tuition too, at quaternary
(higher) level, of social type, respectively of technical type, respectively of artistic type,
respectively of special type, afferent to other types of tuition foreseen to exist, at legislative level,
also free of charge, but only depending on the social and societal envisaged needs and over the
limit of the seats number, officially ascertained by the authorized institutions, for the above
mentioned purpose, against payment, for the persons who want to attend the courses of the
respective public higher education.
(3) The public education, at all levels, is carried out in the official language of the State.
(4) For the inhabiting ethnic groups, within the public tuition, it can be inserted, upon request, a
corresponding number of specific, supplementary objects of study, which are taught in the
language of the respective ethnic group.
(5) Within the public state education, up to the higher level, one can study as mandatory objects
of study, maximum two foreign languages of broad international circulation, as well as two other
languages of wide international use, optionally, out of a total number of four foreign languages,
selected as such, depending on their studying utility, by the State institutions authorized to this
end.
(6) Within the Romanian State it can also exist, depending on the needs and requests, systems of
private tuition as well, public or restricted, whose graduates can be officially equivalent to the
graduates from the State public tuition only if they study the same subjects and same textbooks as
in the State public tuition, alongside other additional subjects, stipulated and established for
study, at constitutional level, respectively at legislative level.
(7) The public state education, up to the higher level, uses unique textbooks, for the same subject,
approved as such by the State institutions authorized to this end, textbooks which are given free
of charge to the pupils from the state public tuition, up to the tertiary (high school) level inclusive,
without obligation to be returned.
(8) The official testing of the applicants to fill positions within the State institutions is achieved,
taking into consideration the informational content of the unique textbooks from within the State
public tuition, up to the tertiary level (high school) inclusive.
(9) Within the framework of the official testing performed in the State public education as well as
for employments within State institutions, the level of personal, social and societal education of
the candidates shall be checked as well.
Article 33: Access to culture
(1) The Romanian State supports, as far as possible, the access to the ethnic, national and
international culture, of the persons who want to develop, by culture inclusively, their individual
personality.
(2) For the purpose mentioned above, at paragraph (1), the Romanian State ensures the proper
functioning of the main state public institutions of cultural information respectively of cultural
practice and stimulates accordingly their attendance by the state population, in general,
respectively by the population category engaged in the state public tuition, in particular.
(3) For the purpose of achieving the objective mentioned at paragraph (2), as well as in order to
render profitable, as efficient as possible, the state cultural information institutions (libraries,
museums, memorials), respectively the state cultural practice institutions (culture houses,
theaters, philharmonic orchestras, operas a.o.) as well as, to the full extent, the private cultural
institutions, the State imposes on the competent institutions in the public tuition, up to the higher
level inclusive, the obligation to introduce, within the education program, adequately organized
study visits, to the cultural institutions in the locality where they carry on their activity, with the
supporting, out of the own budget of the respective state tuition institutions, in full or in part
(depending on the case), of the costs of the entry tickets to the respective cultural institutions, as
well as the compulsoriness that, on their turn, as far as possible, the state cultural institutions in
question, to put at the disposal of the public tuition institutions, for their students, a
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corresponding number of entry tickets, at a lower price, stipulated to this end by legislative
regulations.
(4) In order to achieve an efficient social and societal education, the state public education and
tuition institutions will include in their program of activities the organizing of meetings with ethic
and especially moral personalities , known and recognized as such at the public level, especially by
authentic, specific and eloquent facts, by active, benefic and special involvement at social level,
respectively at societal level (for example: personalities that were elected as component members
of the Moral Parliament), as well as with other authentic personalities (professional, artistic,
sporting a.o.), whenever possible.
(5) Also for the purpose of optimizing the specific educational development and of forming the
authentic citizens and patriots, by an adequate training, within the educational system,
respectively within the state public tuition, at all levels, special programs will be organized for the
knowledge and appreciation of the most important societal events in the history of the Romanian
State (as well as in the district history, respectively in the history of the locality where the
education and public tuition institutions in question carry on their activity), respectively in the
history of the European Continent (for example: the setting up of the European Union),
respectively in the history of the world in which we exist ( for example: the setting up of the
United Nations Organization, the organizing of the Olympic Games), as well as of the main
personalities involved in the achievement of the respective events and of the outstanding
obstacles which the personalities in question had to overcome in order to succeed in carrying out
the respective societal events (for example: the international celebration of May 1).
Article 34: Right to health protection and care as well as to social assistance
(1) The right to the health protection and care, for the entire Population of the Romanian State, is
guaranteed, and the activities carried on to this end by the competent State institutions, are free
of charge, both as treatment and as medication and for the manufacturing or acquisition of the
necessary means, respectively devices (examples: prosthetic appliances, special transport vehicles
a.o.) based on the fact that the Romanian State was declared, at the constitutional level, as: a
social State.
(2) The persons who wish may benefit by certain special medical treatments (undergone in private
medical centers, in the country or abroad) by paying a part of the cost or even with the bearing of
the entire cost of the treatment by the Romanian State (depending on the case, namely the
seriousness of the trauma, respectively the meritocratic importance, at the societal level, of the
person in question), as a special responsibility assumed by the Romanian State, adequately
regulated from the legislative point of view, in case of accidents or of illness, particularly serious,
of any persons appreciated as extremely important, at the social level, respectively at the societal
level.
(3) The organizing of the medical care and social security system in case of sickness, accidents,
maternity, post-illness recovery as well as of other measures of preventive protection and care of
the people health is achieved, in the Romanian State, within the medical system and within the
social protection system respectively, in accordance with the constitutional and legislative
provisions, meant for this purpose.
Article 35: Right to a healthy environment
(1) The State has the obligation to adopt adequate measures in order to ensure the public
hygiene.
(2) The State has the obligation to take appropriate steps for ensuring a natural, unpolluted
environment which should not exceed a certain maximum level of pollution, established to this
end by legislative regulations, in order not to affect the health care by noxious substances as well
as by specific sensuous, sensorial and thinking pollutions (of visual, auditory, smelling, gustative,
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tactile, informational, emotional, sexual types) and of other types, stipulated as such, at the
constitutional and legislative levels.
Article 36 : Right to vote
(1) The right to vote is granted, in the Romanian State, exclusively in a meritocratic way (in
conformity with the status of meritocratic State, at the societal level, constitutionally defined for
the Romanian State), only to those persons, generically and also officially called: citizens
(inclusively in order to be, thus, distinguished from the indifferent or mankurt individuals),
persons appreciated by the Institution for the Population registering, as having the discernment as
well as the intellectual capacity to exercise the right to vote, in an optimum way, at the societal
level ( especially as a result of the selection performed to this end by the competent State
Institution, mentioned before), citizens who make up, in all, the population category called: the
citizenish Electorate.
(2) The Romanian State motivates the above mentioned selection, with the view of granting the
right to vote, by the wretched experience of the electoral practice during the period after the
carrying out of the Romanian Revolution of December 1989. Thus, granting the right to vote to all
persons who reached a certain age ( without analyzing correspondingly the moral and intellectual
capacity and especially the availability of a responsible participation in the electoral official
actions), contributed in a decisive manner, by the massive absenteeism and the voting at random,
without full knowledge of the case or even in total ignorance, or by sale of votes, to the serious
qualitative deterioration of the authentic democracy and, consequently, to the degeneration of
the democratic State into a pseudo-democratic State, with catastrophic results at the societal
level, which, in time, led to the installing of a societal crisis, particularly grave, with disastrous
effects not only on the maintaining of the authentic State of law, but even on the existence of the
Romanian State, in accordance with the ideals of the Romanian Revolution of December 1989,
stipulated as conceptual, constitutional basis, within Article 1.
Article 37: Right to be elected
In the societal context, specified in Article 36, by the right to be elected, depending on the case,
benefit only the citizens (for the positions of leaders, respectively of component members of the
main power institutions in the State, at the state, district and local levels) and respectively only
the patriots (for the positions of leaders, respectively of component members of the fundamental
power institutions in the State), in conformity with the existing provisions to this end, at the
constitutional and legislative level, specific to the meritocratic State, as the Romanian State is
stipulated to be, at the constitutional level, within Article 1.
Article 38: Right to elect and to be elected to the European Parliament
(1) On the terms of the Romanian State adherence to the continental organization of the
European Union, as a union of independent, sovereign and territorially indivisible States, the
citizens and the patriots of the Romanian State, who make up, all together, the citizenish
Electorate, benefit by the right to elect European Parliamentarians, as representatives of the
Romanian State, to the European Parliament, but only of the candidates coming from the patriotic
Electorate.
(2) The adhering of the European parliamentarians, of the Romanian State, to the continental
political parties that exist and function within the European Union, is forbidden.
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Article 39: Freedom of public meetings
The rallies, demonstrations, protest meetings, processions, marches or other public meetings can
be organized and take place, in a peaceful manner, in accordance with the constitutional and
legislative provisions, existing to this end.
Article 40: Right of association
(1) The persons having the fixed domicile in Romania can associate into organizations,
associations, political parties, trade unions, employers’ associations, unions, as well as into other
association forms and can carry on their specific activity, but only in accordance with the
constitutional and legislative provisions, existing to this end.
(2) The Romanian State appreciates particularly the societal importance of the organizational,
associative milieu and supports it, as far as possible, depending on the societal proven importance
(by the carried on activity of the component organizations of the organizational, associative
milieu) for the existence and consolidation of the civil Romanian society.
(3) The associations having a secret or occult and subversive character, of civic type, respectively
of Party-like, specific clientage type, of ethnic, religious, masonic types as well as of any other
similar types, considered as such at the constitutional and legislative level, are forbidden to be set
up and activate, inclusively as subsidiaries of international organizations in Romania.
Article 41: Right to work
(1) The Romanian State, as a national State, respectively as a social State, has the obligation to
provide an employment for any person capable of working, within the State lucrative sector, if the
person in question cannot find a job by oneself, for reasons constitutionally and legislatively
appreciated as objective and non-imputable to that person, within the State lucrative sector or, as
far as possible, within the private lucrative sector.
(2) For the persons to whom, due to certain reasons, which do not depend on them (namely, that
do not consist in denial or conditionings, considered as non-objective, imposed upon the
acceptance of a job offered by the State institutions, authorized to this end) the State cannot offer
an employment, corresponding to the working capability of the persons in question, the Romanian
State is obliged to grant a social allowance to the respective persons, financially equivalent to at
least 60% of the minimum net salary set to be paid, by the Romanian State, to a person that
works within the State lucrative system or higher, depending on the case, if the person officially
benefits, from the meritocratic point of view, by the appreciation of the Romanian State, in the
capacity of citizen or patriot, as well as depending on others needs that affect the person in
question (examples: as bread winner, as partially or totally disabled person a.o.) officially
recognized, as such, at the constitutional level and legislative level respectively.
(3) The employees are entitled to social protection measures that refer to their safety and health
as well as to working, rest, recovery and vacation conditions and to certain wage increases in case
the work they perform is carried out under, officially rated, dangerous conditions, as regards the
damage to their health and working capacity, the right in question being defended and promoted
both in the State lucrative sector and in the private lucrative sector and respectively in the mixed
state-private lucrative sector.
(4) The normal duration of a working day is, on the average, of maximum 8 hours, daily,
respectively of 5 days/week, the extension of this duration, both at day level and at week level,
being able to be effected only with the consent of the employed person, and in case of exceeding
40 hours of work per week only by granting some wage increases and some other additional
advantages, accepted as such, by the respective employed person.
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(5) On equal work, the men and women benefit by an equal salary (respectively by an equal
remuneration in case of persons that are not employed), within the same institution, respectively
company, or in other type of lucrative organization.
(6) The employing of minors that have not reached the age of 14 years in order to perform a wage
labor or an unwaged labor, but rewarded financially or otherwise, is prohibited, being possible
only by derogation and only in special cases, stipulated and regulated, as such, at the legislative
level, to this end, in minor’s favor first and foremost.
(7) The employing of a salaried person, in a certain lucrative medium, is done based on an official
labor contract, with the observance of the constitutional and legislative provisions, to this end.
(8) The Romanian State recognizes and protects the right of the salaried persons to associate in
view of concluding a collective labor contract in accordance with the constitutional and legislative
provisions, to this end.
Article 42: Prohibition of forced labor
(1) The forced labor is prohibited.
(2) The forced labor does not include:
a) the activities for carrying out the military duties, as well as those performed, alternatively,
according to the law, in lieu thereof, for certain reasons, constitutionally and legislatively
stipulated, for this purpose.
b) the work of a person convicted by a competent legal court, carried out under specific
conditions, during detention or conditional release.
c) the labor services, imposed under special circumstances created by the occurrence of
calamities or by a major, potential danger, as well as those that are part of the civil
obligations, stipulated, as such, at the constitutional and legislative level.
Article 43: Right to strike
(1) The employees benefit by the right to strike, for the purpose of defending and promoting, in
this way, of their professional and social interests.
(2) The organizing and declaring of a strike is regulated in accordance with the constitutional and
legislative provisions in force as regards the social and societal consequences of the respective
strike.
Article 44: Right to private property
(1) The right to private property is guaranteed.
(2) From the previous provision it may derogate, as an exception, in cases stipulated at the
constitutional and legislative level, to this end, in which it is considered that the interest of the
Romanian State comes first as compared to the private interest, and in order to grant the priority
in question, it is necessary to affect the right of private property of an individual person,
respectively of a juridical person, but with the granting, beforehand, of some adequate
compensations (example: construction of objectives of societal interest which are conditioned by
land expropriations, privately owned).
(3) By the right to land property can benefit only the natives, the citizens and the patriots of
Romania.
(4) The foreign investors can benefit only by the land licensing for a determined temporary period
which can be extended, if need be, depending on the case, in accordance with the constitutional
and legislative provisions, to this end.
(5) The right to land property, respectively the right of concession over the lands belonging to the
territory of Romania are conditioned, at the constitutional and legislative levels, by the non-
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degradation of the respective lands, as well as by the non-utilization of those lands for the
degrading of other neighboring lands.
(6) In case of non-observance of the conditions stipulated at the constitutional and legislative
levels as regards the non-degradation of the lands, privately owned or under use, the right to
property, respectively the right to use of a land, which was brought to a degraded condition, or by
which other neighboring lands were degraded, can be canceled, including the obligation for the
land owner or the land user in question to pay adequate compensations, stipulated at the
legislative level.
(7) The withdrawal of the right to private property, respectively of the right to use of a land, can
be made only as a result of a decision adopted, to this end, by a competent legal court.
(8) In order to perform works of social and societal interest, the authorized State institutions can
use the subsoil of the ground which is private property (example: the installation of pipelines,
cables respectively), provided that compensations are paid to the landowner for possible damages
occurred in connection with the use of the subsoil in question, under the terms stipulated at
legislative level, to this end.
(9) The compensations referred to in paragraph 8 are set in full accordance with the private owner
of the ground and in case of disagreement they are assessed by a legal institution, officially
authorized for this purpose.
(10) The possession of the right of property over a plot of land compels the owner to observe the
provisions regarding the environment protection, the assurance of a good neighborhood, as well
as the observance of other tasks incumbent on the owner of the land in question, stipulated at the
constitutional and legislative levels, to this end.
(11) The right of property over a plot of land cannot be transmitted, by will or by inheritance, to
individual persons, respectively to legal persons, that, in accordance with the constitutional and
legislative provisions, cannot benefit by the respective right.
Article 45: Economic freedom
(1) The access of a person to the practice an economic activity, under private regime or under
mixed regime, in association with a State enterprise or institution, as well as the exercising of the
respective economic activity, with the observance of the constitutional and legislative provisions
existent to this end, is guaranteed and supported adequately by the Romanian State.
(2) The lawfully acquired assets cannot be confiscated but can be appropriated by the Romanian
State in order to achieve objectives of public interest at social and societal levels, against the
payment of adequate compensations, in accordance with the constitutional and legislative
provisions existent to this end.
(3) In case in which, in connection with the content of the paragraph (2), it cannot come to an
agreement, accepted by all parties concerned, the decision will be adopted judicially, by a legal
institution, officially authorized to this end.
(4) To produce proof of the lawful or illicit character of the acquiring of a property is the
obligation, depending on possibilities, of all concerned parties, and in case of disagreement, the
decision will be adopted judicially, by a legal institution, officially authorized for this purpose.
Article 46: Right of inheritance
The right of inheritance is guaranteed, under the conditions of observing the constitutional and
legislative provisions, existent to this end.
Article 47: Right to a dignified and decent living
(1) As a national State, respectively as a social State, the Romanian State is obliged to adopt
measures of economic development as well as measures of social protection meant to ensure to
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all its inhabitants, that cannot secure by themselves, in part or even entirely, out of reasons
officially appreciated that cannot be imputed to them personally, a standard of dignified and
decent living, at societal level.
(2) The main guaranteeing institution, officially authorized to warrant the granting and observing
of the individual right, mentioned at paragraph (1), is the Ombudsman’s Institution.
(3) The right to a dignified and decent living of every inhabitant of Romania (temporary-resident,
native, citizen, patriot) is a special and specifically human right, in a civilized State, but especially in
the context in which the Romanian State was declared, at the constitutional level: as a national,
ruled by law, democratic and social State, in Article 1, as well as in the context in which, in the
same article, it is specified that the dignity of the human being, the free development of the
human personality and the justice represent supreme values, and in Article 4 it is stated that the
Romanian State has as foundation the unity of the Romanian Nation and the state solidarity of the
Population.
(4) The granting of the right to a dignified and decent living, to every inhabitant of Romania, is
compulsory and guaranteed by the Romanian State. In order to ensure the granting of the
respective right it may be necessary, depending on the case, to officially impose the collection of a
social tax of national solidarity. The above mentioned tax is value differentiated depending on the
income achieved by the individual persons, respectively the juridical persons, officially selected by
the State institutions, authorized to this end, in order to contribute to the setting up of the Fund
of National Solidarity, fund which shall be used in case the Romanian State, out of various reasons,
cannot ensure the granting of the right to a dignified and decent living to every inhabitant of
Romania, who is in want, only from the financial resources, stipulated for this purpose, in the
national Budget.
(5) Since the standard of dignified and decent living is a societal parameter which reflects not only
the degree of civilization of a State but also the degree of societal unity and solidarity of its
inhabitants, on the one hand, respectively the degree of lack of civilization as well as the degree of
disunity and discord of its inhabitants, on the other hand, the societal aspects, mentioned before,
represent the main reason for which the detailed procedure for the granting of this right is the
object of a special law, made for this purpose.
(6) The granting of the right to a dignified and decent living, to all inhabitants of Romania who
cannot ensure by themselves the right in question, entirely or just in part, out of reasons officially
appreciated as objective, and which cannot be imputed, entirely, to the person in question, is
achieved both through granting by the Romanian State, depending on the case, of an adequate
and compensatory allowance and by granting of some services, adequately compensated
financially, provided by State institutions, authorized for this purpose.
(7) The granting of the right to a dignified and decent living is achieved also in conformity with the
meritocratic character of the Romanian State, stipulated at the constitutional level, in the sense
that the level of dignified and decent living, which should be ensured to those inhabitants of
Romania, who cannot secure it by themselves, entirely or in part, out of reasons officially
appreciated as objective, and which cannot be imputed, entirely, to the person in question, will be
adequately differentiated for the inhabitants officially appreciated as meritorious, at social level
and at societal level respectively (citizens, patriots), as compared to the inhabitants officially
appreciated as non-meritorious, at social level and at societal level respectively (temporary-
residents, natives).
(8) Until the adequate solving of the situation of grave societal crisis in which the Romanian State
is, in the context of the need to concretely apply the principle of population solidarity, with the
purpose of removing the serious disadvantaging, at societal level, of some population categories,
out of reasons, officially appreciated as objective, and which cannot be imputed, entirely, to the
respective disadvantaged population categories, between the minimum wage and maximum
wage, set out to be granted officially to the employees from the State institutions and enterprises,
respectively to the state employees from the mixed, state-private, institutions and enterprises, it
is fixed a maximum ratio of 1:10, which should be taken into account in order to be applied by the
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State institutions, authorized to this end.
(9) The inhabitants of Romania have the right to pension, maternity leave, free medical care,
within the State health units, unemployment aid as well as to other forms of social assistance and
social insurances respectively, stipulated at the constitutional and legislative level and provided by
the State institutions, authorized to this end.
(10) The right to a dignified and decent living includes also the adequate protection of those
inhabitants of Romania who, in total or just partial unawareness of the case, have come to the
situation of becoming victims of some occult, subversive, decadent and even destructive
organizations, at the existential level, of religious type and masonic type respectively. The above
mentioned situation is exemplified by the imposing, based on specific falsely-religious deception,
of the acceptance of the existential status of “slave” and “servant” respectively, of some beings
popularly but also generically named “ Dumnezeu ( God )”, respectively of the acceptance of the
self-reclusion, officially, by entering a convent/monastery, respectively by the interdiction of the
family association, respectively by the interdiction to practice normal sexual relations, as well as
by the compulsion, in the above mentioned conditions, to practice deviationist sexual relations of
homosexual, lesbian, bisexual types, respectively by impeding the full development of the specific
human personality and by other restrictions as well, often aberrant and specifically unsocial and
un-societal, imposed at the religious level, concerning the interdiction to use the mass-media
means, respectively the interdiction to accept certain medical treatments etc. In the above
mentioned context, it should also be known, inclusively as a motivation, the fact that at the
international-European level, the European Union rejected, firmly and officially, the claims of
some international religions ( of Christian type) to officially consider and recognize the Christianity
as a spiritual and civilizational foundation of the continental European civilization.
Article 48: Family
(1) The family is founded on free consent marriage between spouses, as persons of opposite sex,
on their equality as well as on the right and the societal duty of the parents to ensure the birth,
upbringing, education and tuition of the children, to the extent of their possibilities, at least until
they reach the age, considered at the constitutional and legislative level, as full age, namely 18
years.
(2) In the context mentioned above at paragraph (1), in which it is stipulated that the marriage is
based on free consent between spouses, it is forbidden to practice certain marriage religious
rituals, by which a marriage concluded officially through free consent is turned, from the religious
point of view, into a marriage concluded without free consent, respectively between “ slaves of
God “ (in case of the Christian-Orthodox religion) and respectively between “ servants of God “ ( in
case of the Christian-Catholic religion).
(3) The official conditions of contracting, respectively of dissolving, respectively of annulling of a
marriage are set out by constitutional and legislative provisions, to this end.
Article 49: Protection of young people and children
(1) The children and the young people benefit, from the part of the Romanian State, by a special
regime of care as well as of protection and support for the granting and development of their
specific rights.
(2) The exploitation of minors, their employment in activities that may harm their health and
morality or that may endanger their life, personality or normal development, are prohibited.
(3) The public authorities have the duty and in certain cases (stipulated at constitutional and
legislative level, to this end) even the obligation to contribute, concretely and efficiently, to the
ensuring of the necessary conditions for the free participation, respectively involvement, of the
young people in the civic, political, economic, cultural, sporting activity as well as of other types,
constitutionally and legislatively stipulated, at social and societal level.
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(4) In the context of the constitutional provisions from the previous paragraphs of the Article 49 it
is forbidden the practice of the religious baptizing ritual of the children, respectively of the young
people who have not reached the age of 18 years, respectively of the marriage ritual, respectively
of the burial ritual, specific to some religions of Christian type, by which the types of persons
mentioned before, are baptized, respectively married, respectively buried, not as free people, but
as “slaves of God” (in case of the Christian-Orthodox religion), respectively as “servants of God” (in
case of the Christian-Catholic religion), as well as the practice of other similar religious rituals in
which the types of persons mentioned above are considered and treated, in partial or even total
unawareness of the case, in deceptive and degrading ways, from the human point of view
(example: by entering a monastery/convent, by sacrament, by confession), without knowing the
corresponding specific esoteric effects at the existential level, that may be produced on them by
the voluntary submission to the practice of the respective ways of existence and rituals,
specifically religious.
(5) It is forbidden the employment, legal or illegal, of the minors who have not reached the age of
16 years, in order to perform, against payment, certain works, in favor of any persons who are not
their parents or legal tutors.
(6) It is forbidden to subject the minors to the obligation of begging or prostituting and, in general,
of violating, in public, the good morals, in favor of other persons or even in favor of their parents
or their legal tutors.
Article 50: Protection of the existentially handicapped persons
(1) The existentially handicapped persons benefit by a special and also specific protection
depending on the way in which they are existentially handicapped.
(2) Within the category of the existentially handicapped persons it is made officially a specific
difference between the physically handicapped persons, respectively the mentally handicapped
persons, respectively the physically and mentally handicapped persons, for whom, depending on
the case, specific measures of existential support, recovery and improvement, respectively of non-
aggravation of the handicapped condition in question shall be stipulated at the constitutional and
legislative level.
(3) The Romanian State ensures the protection, the endowment with specific equipment, the
adequate medical treatment as well as the necessary medication, free of charge, for the
existentially handicapped persons, and in case of need, the hiring of a caretaker, respectively the
granting of an allowance, as social support, as well as the organizing of specific social events, for
the existentially handicapped persons.
(4) On the other hand, the Romanian State follows-up, officially, through institutions authorized to
this end, the way in which the existentially handicapped persons are looked after, in order not to
be subjected to pressures and abuses or not to subject themselves to some degrading situations
(example: begging for their own benefit or for some other persons’ benefit), as well as in order to
verify the way in which the funds and the specific equipment granted by the State to the
existentially handicapped persons are used.
(5) The Romanian State supports, as far as possible, the specific integration of the existentially
handicapped persons, into the social activity, respectively the societal activity, inclusively by
stimulating accordingly, through mutually advantageous incentives, the individuals and companies
that provide jobs, specific to the existentially handicapped persons.
(6) Inclusively for the purpose of protecting the persons against the risk of turning them into
existentially, mentally handicapped persons, the Romanian State prohibits the practice, on the
territory of Romania, of the religious cults, respectively religions, which, through the recruitment
of persons characterized already by mental instability, present the risk of being turned into
existentially, mentally, specifically religious handicapped persons, known as: bigots, with
adequate, unfavorable existential consequences for the persons in question.
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Article 51: Right to petition
(1) The inhabitants of Romania have the right to address, officially, the public authorities from the
place of residence, as well as, depending on the case, the authorized institutions of district-level,
respectively of state-level, through adequate petitions, in which to point to certain problems or to
claim the granting of certain rights, personally or as an authorized representative of some
collectives which they represent.
(2) Legally established organizations have the right to address petitions, collectively, on behalf of
the component members of the respective organizations.
(3) The authorized public authorities have the obligation to answer the petitions within the time
limits and under the terms established for this purpose at the constitutional and legislative level.
Article 52: Liability of the Romanian State for the damage of a person by a State institution
(1) Any person aggrieved in his/her legitimate right or interest by a public authority, by means of
an administrative action or by the failure to solve his/her application within the lawful time limit,
is considered officially as entitled to get an official response from the institution which he/she
addressed by petition, in order to be able to bring, if case be and if he/she wishes, an action
against the institution in question, through which to demand his/her rights, in a legal way, or to
claim a situation for which he/she addressed officially the public authority in question.
(2) The State shall bear patrimonial liability for the prejudices caused by the judicial errors made
by certain State institutions or enterprises. The State liability is stipulated by the constitutional
and legislative provisions, existent for this purpose, and the liability in question does not remove
the responsibility of the State functionaries who exercised their job dishonestly or with blamable
negligence.
Article 53: Restriction on the exercise of certain rights, respectively of certain freedoms
(1) The exercise of certain rights or of certain freedoms can be restricted only by law and only if
necessary, as case may be, for: the defense of national security, of public order, health or morals,
respectively for the conducting of penal investigation; the prevention of the consequences of a
natural calamity, of an extremely severe disaster or catastrophe, in accordance with the
constitutional and legislative provisions.
(2) The restriction of certain rights, respectively of certain freedoms, can be ordered only by a
court sentence, adopted, to this end, by an authorized juridical institution. The restriction in
question should be proportional to the situation that caused it and be applied without
discrimination.
Chapter III: Fundamental duties
Article 54: Faithfulness towards the country
(1) Faithfulness towards the country is solemn.
(2) The citizens, respectively the patriots entrusted with public offices, as well as the military, are
liable for the fulfillment with abnegation of their obligations and, to this end, they will assume, in
adequate solemnity conditions, a solemn pledge, the text of which, as well as the engagement
way, are specified at the constitutional and legislative level.
Article 55: Defense of the country
(1) The natives have the right to defend Romania and the citizens, respectively the patriots, have
the obligation to defend Romania.
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(2) The terms concerning the fulfillment of the military duties are set at the constitutional level,
respectively at the legislative level, in a differentiated way, for the natives, respectively for the
citizens, respectively for the patriots.
(3) The incorporable citizens can be conscripted from the age of 18 and up to the age of 65, under
the terms specified at the constitutional and legislative level.
Article 56: Public financial contributions
(1) The citizens have the obligation to contribute, through specific taxes and duties, as well as by
other contributions, stipulated at the constitutional level, respectively at the legislative level, to
the public expenditure.
(2) The legal system of taxation should ensure the just distribution of the fiscal charges, on
individual persons, respectively on juridical persons, in accordance with the constitutional
provisions, respectively the legislative provisions, to this end.
(3) Any other fiscal impositions, besides those set at the constitutional and legislative level,
inclusively in situations officially appreciated as exceptional, are forbidden.
Article 57: Conditions for the exercise of the rights and freedoms by the individual persons
The inhabitants of Romania should exercise the rights and freedoms stipulated at the
constitutional level, respectively at the legislative level, with just measure and in good faith,
without infringing the rights and freedoms of the other inhabitants.
Chapter IV: The Ombudsman Institution
Article 58: The appointment and the role of the Ombudsman
(1) The Ombudsman Institution has the role of guaranteeing the access of all inhabitants of
Romania to the rights they benefit by, individually, stipulated at the constitutional level, as well as
at the legislative level, to this end, and also the role of guaranteeing and contributing, effectively,
to the ensuring of the respective rights for every inhabitant of Romania who addresses, for this
purpose, officially, the Ombudsman Institution.
(2) The head of the Ombudsman Institution, called: the Advocate of the People (Ombudsman), is
elected within the state elections, for a period of 6 years, from among the candidates coming,
exclusively, from the patriotic Electorate of Romania’s population.
(3) The Ombudsman Institution has county district branches, at the level of every county district of
Romania, led by district Advocates, who, on their turn, are elected within the district elections, for
a period of 6 years, from among the candidates coming, exclusively, from the afferent district
component of the patriotic Electorate of Romania’s population, being elected by the afferent
district component of the citizens’ Electorate of Romania’s population.
(4) The Ombudsman and the district Advocates cannot perform any other public or private office.
(5) The Ombudsman Institution shall ensure to every inhabitant who addresses it officially, to this
end, an ex-officio lawyer, from the ex-officio Body of barristers, at its disposal, at the state level,
respectively at each district level.
(6) The lawyers from the ex-officio Body of barristers of the Ombudsman Institution cannot
perform other public or private functions.
(7) In view of the importance, at the social level, respectively at the societal level, for the existence
of an authentic State of law, of the Ombudsman Institution, the effective organizing and
functioning of the institution in question make the object of a special law, drawn up to this end.
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Article 59: Exercise of Ombudsman's powers
The Ombudsman, respectively the district Lawyers, exercise their powers at the request of the
persons aggrieved in their rights, respectively in their freedoms, or by self-notification, under the
terms stipulated at the constitutional and legislative level, to this end.
Article 60: Report before Parliament
(1) The Ombudsman presents, quarterly or on demand, reports of activity, or statements on
certain specific issues, to all State power institutions, at the central level, and the district Lawyers
present also similar reports, but afferent to the county district in which they function, to all State
district power institutions.
(2) The reports referred to in paragraph 1 may also contain, depending on the case,
recommendations regarding the legislation or measures of other nature as well, which should be
taken in order to optimize the guaranteeing and the protection of the access to the rights and
freedoms of the inhabitants of the Romanian State.
Title III: Public Authorities
( to be continued )
Lorin Fortuna
Head of the Constitutional Group “ Timisoara “
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