vineri, 23 mai 2014

CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT ) Part II

CONSTITUTIONAL GROUP “ TIMISOARA “
Phone: 0256/446595
Email: desteptarea.romaniei.24@gmail.com
Web-site: www.lorin-fortuna.ro
No.3 / May 16th , 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 II
Title II: Fundamental rights, freedoms and duties
Chapter I: Common Provisions
Article 15: Universality
(1) The state-natives of the Romanian State enjoy the granted fundamental rights and freedoms,
respectively the imposed fundamental duties, at the constitutional level, by the Constitution of
Romania, respectively at the legislative level, by the Legislative System of the Romanian State,
for the population category of state-natives.
(2) The state-citizens enjoy the granted rights and supplementary freedoms, respectively the
imposed supplementary duties, at the constitutional level, by the Constitution of Romania,
respectively at the legislative level, by the Legislative System of the Romanian State, on a
meritocratic basis, as compared to those afferent to the state-natives, based on the fact that the
Romanian State was declared, at the constitutional level, as being a meritocratic State, at the
societal level.
(3) The state-patriots enjoy the granted rights and supplementary freedoms, respectively the
imposed supplementary duties, at the constitutional level, by the Constitution of Romania,
respectively at the legislative level, by the Legislative System of the Romanian State, as
compared to those afferent to the state-citizens, based on the same fact that the Romanian
State was declared, at the constitutional level, as being a meritocratic State, at the societal level.
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(4) The state-residents enjoy the granted rights and freedoms, respectively the imposed duties, at
the constitutional level, by the Constitution of Romania, respectively at the legislative level, by
the Legislative System of the Romanian State, on a temporary basis, for the population category
of provisional state-residents.
Article 16: Equality of rights
(1) The inhabitants of Romania are equal before the law and public authorities, for the same state
population category, of resident type, respectively of native type, respectively of citizen type,
respectively of patriot type.
(2) No one is above the Constitution nor above the law, in the sense of applying the Constitution
and the laws, as stated at point (1).
(3) The Romanian State guarantees equal opportunities for men and women, under the same
conditions of qualitative, moral and professional value, to occupy the leading positions,
respectively the representation positions, at the state, district and local levels and other
positions of state institutional type for which elections or competitions are organized to get
them.
(4) The public leading positions can, under the terms set by the Constitution of Romania,
respectively by the Legislative System of the Romanian State, be occupied only by the
inhabitants having the permanent domicile in the Romanian State and are state-citizens,
respectively state-patriots.
(5) The public leading positions, respectively the public leading and representation positions,
respectively the public representation positions only, within the fundamental and main
institutions of power of State type, of the Romanian State, can be occupied by state-patriots
only.
(6) Within the Romanian State, the fundamental institutions of power of State type are as follows:
the Presidential Institution, the Administrative Institution ( Government ), the Legislative
Institution ( Legislative Parliament ), the Judicial Institution ( Supreme Council of Magistracy ),
the National Multimedia Institution, the Constitutional Guarantor Institution (Constitutional
Court), the Moral Guarantor Institution ( Moral Parliament ), whose leaders, respectively the
component members, called: state dignitaries, are elected by the citizens’ electorate from
among the candidates coming exclusively from the patriotic electorate.
(7) Within the Romanian State, the main institutions of power of State type are as follows:
Ombudsman Institution, the District-County Councils, the Local Councils, the District-County
Town Halls ( Prefectures ), the Local Town Halls, whose leaders are elected by the citizens’
electorate from among the candidates coming exclusively from the Patriotic electorate and
whose component members, called state dignitaries, respectively district dignitaries,
respectively local dignitaries, are elected all the same by the citizens’ electorate, at the state
level, respectively at the district level, respectively at the local level, from among the candidates
coming from the patriotic electorate, or from the citizens electorate, at the state level,
respectively at the district level, respectively at the local level.
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(8) The leaders’ election, respectively of state dignitaries, are carried out within the framework of
the state elections, organized periodically, freely, correctly and efficiently, from the societal
point of view, every 6 years.
(9) The leaders’ election, respectively of district-county dignitaries, respectively of local dignitaries,
are carried out within the framework of the district elections, respectively of the local elections,
organized periodically, freely, correctly and efficiently, from the societal point of view, every 6
years.
(10) In case of need, early elections are organized annually, in accordance with the constitutional
provisions, respectively the legislative provisions, in those constituencies, of state level,
respectively of district level, respectively of local level, in which, because of demise, illness,
resignation, justice decision or owing to other causes, stipulated by the law, a position of leader
or dignitary, becomes vacant.
(11) The Moral Parliament analyses, during the first quarter of each calendar year, the general state
of the Romanian Government as well as of the Country’s Population, at the end of the previous
calendar year, issuing a report in this respect, comprising 10 chapters, out of which 7 will refer
to each institution of power of State-type, 2 chapters will refer to the institutions of power of
State-type of district and local levels and 1 chapter will refer to the other State institutions,
considered important at state, district and local levels. For each of the 10 chapters the Moral
Parliament will grant officially a corresponding qualifying mark, which may be: bad,
unsatisfactory, satisfactory, good.
(12) Depending of the qualifying marks granted by the Moral parliament, The President of the State,
in his capacity as a leader of the Strategic Council for the Defense, Consolidation and
Development of the State as well, made up, as component members, of the heads of the 8
fundamental institutions of power of State-type, will work out a Strategic Plan for the State’s
Evolution for the current calendar year, which will be brought into operation within maximum 2
calendar months from receipt of the “ Report on the General state of the Romanian
Government and the Country’s Population “ from the Moral Parliament.
(13) While carrying out the Strategic Plan for the State’s Evolution, mentioned above, it can be taken
into consideration, if case be, inclusively the replacement from their positions of some leaders
and dignitaries, of state, district-county and local levels as well as budget funds redistributions,
respectively the use of some funds and products from the State’s reserves, as necessary and
justified actions, from the constitutional and legislative point of view, for special events, with
the purpose of straightening out the country’s situation, under difficulties in certain societal
sectors.
Article 17: The situation of the inhabitants of the Romanian State while abroad
(1) The inhabitants of Romania: patriots, citizens, natives and residents benefit, while abroad, by
the adequate protection, depending on their state status, in conformity with the constitutional
and legislative provisions of the Romanian State, respectively in conformity with the provisions
of the International Law and of the international treaties and conventions which the Romanian
State adhered to.
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(2) The inhabitants of Romania, inclusively when they are outside of Romania, should fulfill their
specific duties, in conformity with the specific constitutional and legislative provisions,
respectively the provisions of the International Law and of the international treaties and
conventions which the Romanian State adhered to.
Article 18: Foreign citizens and stateless persons
(1) The foreign citizens who own a passport, respectively the stateless persons, who are on the
territory of the Romanian State, can benefit, if they want it, by the capacity of temporary state-
resident if they apply officially to the institutional authorities of the Romanian State,
empowered in this respect, within 48 hours from their entry onto the territory of the Romanian
State.
(2) The stateless persons who are found out on the territory of the Romanian State and have not
observed the constitutional provisions, specified on previous paragraph, shall be taken over by
the representatives of the order institutions, from the territorial-administrative units where
there were found out and shall be retained until their situation is clarified, in accordance with
the constitutional and legislative provisions of the Romanian State.
(3) The right of asylum, as a right to temporary residence, on the territory of the Romanian State is
granted, respectively withdrawn, in conformity with the constitutional and legislative provisions
of the Romanian State as well as in conformity with the provisions of the International Law and
of the international treaties and conventions which the Romanian State adhered to.
Article 19: Extradition and expulsion
(1) The state-native, respectively the state-citizen, respectively the state-patriot, cannot be
extradited, respectively expelled, from Romania.
(2) By a corresponding exemption from the provisions of the paragraph (1), the state-native,
respectively the state-citizen, respectively the state-patriot can be extradited based on the
international treaties and conventions which the Romanian State adhered to, on justified
reasons, stipulated at constitutional and legislative level, within the Romanian State.
(3) The extradition and expulsion respectively can be made only as a result of a sentence passed by
an official Romanian instance, competent to this end.
Article 20: International treaties on human rights
(1) The constitutional and the legislative provisions on human rights and liberties shall be construed
and enforced in conformity with the way they are formulated in the Universal Declaration of
Human Rights as well as in accordance with the international treaties and conventions which the
Romanian State adhered to.
(2) When it is found officially that there are inconsistences between the provisions of the Universal
Declaration of Human Rights and the international treaties and conventions to which the
Romanian State adhered officially, to this end, and the legislative provisions of the Romanian
State, the competent instances will grant precedence to the provisions of the Universal
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Declaration of Human Rights, respectively of the international treaties and conventions the
Romanian State adhered to.
Article 21: Free access to justice
(1) Every person who possesses an identity paper, issued by the Romanian State, respectively every
person present on the territory of Romania and who has a passport, issued by another State,
recognized as an official act by the Romanian State, can apply officially to the competent
juridical institutions of the Romanian State, respectively to the competent order institutions of
the Romanian State for matters pertaining to their fields of activity, inclusively to ask the afore
mentioned institutions to be put into connection with the embassy or the consulate, in
Romania, of the State where that person comes from.
Chapter II: Fundamental rights and freedoms
Article 22: Right to life, physical and mental integrity
(1) The ensuring and observing of the right to life as well as of the right to physical and mental
integrity of a person who possesses a state identity paper, issued by the Romanian State, on the
territory of Romania, are, to the extent of the official possibilities which the Romanian State
disposes of, guaranteed and defended.
(2) No one can be put, according to the law, to physical torture, respectively to psychic torture as
well as to any degrading existential treatments from the human point of view, with the
exception of the cases when a person that reached the age of 18 years, voluntarily, wishes to
submit oneself to such personal treatments.
Article 23: Individual freedom
(1) The individual freedom and the security of a person are protected and guaranteed.
(2) The searching, detaining or arresting , in Romania, of a person possessing a document of state
identity, issued by the Romanian State, are permitted only in accordance with the
constitutional provisions and legislative ones respectively, of the Romanian State.
(3) The detention, in Romania, by the representatives of an authorized institution, of a person that
possesses a document of state identity, issued by the Romanian State, cannot exceed 24 hours.
(4) The preventive custody, in Romania, of a person that possesses a document of state identity,
issued by the Romanian State, can be made only as a result of a judgment, to this end, by a
competent court of justice, of the Romanian State.
(5) During the juridical investigations, the preventive custody, in Romania, of a person that
possesses a document of state identity, issued by the Romanian State, can be decided,
depending on the case, for 20 days at the most, in course of the juridical prosecution, of
constitutional type, respectively for 10 days at the most, in course of the juridical prosecution,
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of criminal type, respectively for 6 days at the most, in course of the juridical prosecution, of
general type, or of other type than those mentioned above in this paragraph.
(6) Any person detained or arrested in Romania is informed in no longer than 24 hours, in a
language he (she) understands, of the grounds of the detaining, respectively of the arresting
and the accusation is brought to his (her) knowledge in no longer than 48 hours, in the presence
of a lawyer or of a representative of an official institution, empowered to this end, of the
Romanian State.
(7) The release of a detained or arrested person is compulsory if the reasons for which he (she) was
detained, respectively arrested, as well as in other situations, stipulated at constitutional level,
respectively at legislative level, are not confirmed through an official investigation, carried out,
to this end, by official competent institutions, within the terms set at paragraph 6.
(8) The detained, respectively under preventive custody person, has the right to apply for
provisional release, under judicial control, on the terms stipulated at constitutional level,
respectively at legislative level, to this end.
(9) Until the judgment of conviction is pronounced, a detained person is considered presumptive
innocent, while, after the arrest decision is adopted, the person is considered presumptive
guilty, while, after the judgment of conviction is pronounced, the concerned person is
considered guilty and after the sentence of conviction becomes final, the concerned person is
considered fully guilty and the guilt is written in the criminal record.
(10) Within the Romanian State, the principle of the presumption of judicial innocence is applied,
primarily, for the purpose of protecting the potential victim and not with a view to protect the
proven aggressor, legally.
Article 24: Right to defense
(1) Within the justice system, of constitutional level, respectively of penal level, respectively of
other juridical types, the right to defense of the defendant is guaranteed.
(2) For the persons who possess a document of state identity, issued by the competent institutions
of the Romanian State, in case that a person, judicially accused, cannot afford to hire a lawyer,
against payment, shall benefit, cost-free, by the appointment, ex officio, of a lawyer belonging
to the Ombudsman Institution.
Article 25: Free movement
(1) The right to free movement inside the country, respectively outside the country is guaranteed.
(2) The right to emigration is guaranteed, including the preserving of the state-native identity as
well as the guaranteeing of the possibility to return to the country, as state native, but it causes
the loss of state citizen identity, respectively of state patriot identity.
Article 26: Intimate, family and private life
(1) The Romanian State respects and protects the intimate life, respectively the family life,
respectively the private life of a person who is an inhabitant of Romania and possesses a
document of state identity issued by the Romanian State.
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(2) Any inhabitant of Romania that possesses a document of personal identity issued by the
Romanian State benefits by the right to dispose of himself (herself), as he (she) wishes, unless by
this he (she) infringes upon the constitutional provisions, respectively the legislative provisions,
respectively the good morals, at the social level and respectively at the societal level.
Article 27: Domicile, residence
(1) The domicile, respectively the residence, are inviolable. No one can enter or remain in the
domicile or the residence of a person without his (her) consent, save for the circumstances
stipulated at constitutional level, respectively at legislative level, to this end.
(2) Exceptions to the provisions of the previous paragraph (1) can be made, by legislative
amendments, only for the following cases:
a) to carry out an arrest warrant or a court sentence;
b) to remove a danger concerning the life, personal integrity or the personal assets in case
of disaster;
c) to defend the national security, respectively the public security, respectively the public
order;
d) to prevent the spread of disasters, respectively of epidemics.
(3) The search is ordered by an authorized judge, to this end, being carried out under the terms and
ways stipulated at constitutional level, respectively at legislative level.
(4) Searches during the night are forbidden, being allowed only within the framework of some
special constitutional provisions, respectively legislative, existing, to this end.
Article 28: Secrecy of correspondence
(1) The secrecy of the correspondence, of postal type, as well as of the telephone conversations
and other means of communication, stipulated at constitutional level, respectively at legislative
level, is inviolable.
Article 29: Religious freedom
(1) The Romanian State, as a laical State, stipulated at constitutional level, interdicts the practice,
on the state territory, of the religions based on false and subversive religious ideologies, meant
to attract adherents, by ideological deceit, as well as by ritual mystification, based on the
imperative principle: “believe and do not search “, respectively: “ your faith redeemed you “.
(2) Considering the dramatic situation in which exists a big part of the Romania’s population, who
owing to a long time deception, came to practice religions based on false and even subversive
religious ideologies, from the point of view of the historical reality, as well as from the scientific
point of view, and especially, even destructive, at the existential level, ideologies which have
not been properly examined, as such, at the societal level, within the Romanian State it is
forbidden to practice those religions which demand the acceptance of the existential
enslavement as: slave of “ Dumnezeu ” (God ), respectively of the existential servitude as:
servant of “Dumnezeu” (God ), without knowing who is, actually, the person generically named
“ Dumnezeu “ as well as what effects causes, upon the respective practitioners, the acceptance,
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(3)
(4)
(5)
(6)
in full or even total unawareness, to become a slave, respectively a servant, voluntarily, towards
the person generically named “Dumnezeu “ (God ).
The religious cults allowed to be practiced within the Romanian State should be approved, in
terms of ideological correctness, specifically religious, as well as from the point of view of their
social beneficence and especially of their societal beneficence, by a special committee,
consisting of specialists in history, respectively the history of religions, the esotericism and
other scientific domains, who are not practitioners of the religions in question, committee
proposed by the Moral Parliament and endorsed by the President of the State.
Also in the context of the above it is forbidden for the parents and the tutors to practice specific
religious rituals (example: religious baptizing) on the children and young people under the age
of 18 (without having, thus, a full capacity of discernment) in order not to affect, as existential
effect, their thinking and societal consciousness capacity, before they become mature
intellectually and be turned into societal handicapped persons, of religious type, generically
called: bigots.
In order to adequately counteract the propaganda and the proselytism, specifically religious,
practiced by the clergymen of the false, occult, subversive and destructive religions, at the
existential level, of the characteristic human personality, respectively of the optimal capacity of
existential adaptation, at the societal level, the authorized institutions of the Romanian State
will hold public information and organize specific educational and instructive programs,
properly publicized by the State mass-media in order to recover, as far as possible, the strongly
influenced persons, mentally and intellectually, through the religious propaganda and practice
characteristic of the religions in question, long exercised by the practitioners of the false, occult
and subversive religions that have acted on the territory of the Romanian State.
Correlated with the above, the Romanian State will initiate special programs of historical and
ideological research, of the religious ideologies and practices, implemented in the religions
mentioned in the paragraph (5), in order to highlight the historical truth in comparison with the
historical falsehood, promoted within the ideologies afferent to the respective religions, as well
as the educational beneficence, respectively the maleficence, which the followers of those
religions are subject to, and also in order to provide convincing arguments, at the official level
inclusive, with the purpose of differentiating and evidencing, in an objective way, the benefic
religions, which may be allowed to be practiced, from the non-benefic religions, which should
be forbidden within the Romanian State.
Article 30: Freedom of expression
(1) The freedom of expression, which is considered as freedom of personal opinion (and not as
freedom of public propaganda) is free and guaranteed.
(2) The freedom of expression ( as against the freedom of thinking, which cannot be censored due
to its mental specific features in which takes place) which is used as a public propaganda
freedom is permitted to be performed, to the extent that it does not affect subversively or even
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(3)
(4)
(5)
(6)
destructively, the characteristic ideology, of societal type, which the Romanian State is based
upon, at the constitutional level, respectively at the legislative level, set forth mainly in Article 1.
The freedom of expression used in a defamatory way, in the sense that it is prejudicial (without
being adequately justified by edifying evidence) to the dignity, the honor, the private life and
the right to own image of a person, is forbidden.
It is forbidden the practicing, by abusive and unjustified (calumnious) use of the public freedom
of expression, unaccompanied by edifying evidence, with the purpose of defaming the State, the
state Population, respectively of inciting to discord of racial, ethnic, religious, sexual type,
respectively with the purpose of making propaganda of masonic type, respectively with the
view to organizing obscene manifestations, against the good morals, but especially with the
purpose of instigating to territorial separatism, state disintegration and population dismantling.
It is forbidden the use of the state mass media means for the purpose of promoting the specific-
clientage interests of the occult groups, subversive and even destructive at the societal level, of
civic, political, religious, ethnic, racial, masonic type and in an occulted manner even of mafia-
like type.
It is forbidden the use of the state mass media means as well as of the private mass media
means with the view to conducting subversive propaganda for the civic, political, sexually-
deviant, religious ideologies or of any other type that contravene to the way in which the
Romanian State is declared, as State, at the constitutional level, within the Article 1.
Article 31: Right to information
( to be continued )
Lorin Fortuna
Head of the Constitutional Group “ Timisoara “
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