vineri, 23 mai 2014

CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT ) Part IV

CONSTITUTIONAL GROUP “ TIMISOARA “
Phone: 0256/446595
E-mail: forum.constitutional.timisoara@gmail.com
Web-site: www.lorin-fortuna.ro
No. 6 / May 19th, 2013
CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT )
( a competing project towards the project for the revision of the Constitution,
achieved within the Parliament of Romania)
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.
Motto:
A “Constitution” of pseudo-law type generates a pseudo-State of law
Part IV
Title III: Public authorities of ‘powers of State’ type
Section I: Classification of public authorities of ‘powers of State’ type
Article 61:
The public authorities, of ‘powers of State’ type, are classified, from the
constitutional point of view, into administrative State public authorities, legislative
State public authorities and guaranteeing State public authorities.
Chapter I: General organizing and functioning of public authorities of ‘powers of
State’ type
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Article 62:
(1) The State public authorities are institutionalized, each of them, depending on
the case, at the State level, respectively at the district-county level, respectively at
the local level, through an afferent State institution of ‘power of State’ type.
(2) The guaranteeing State public authorities, respectively the afferent institutions,
of ‘power of State’ type, are considered, at the constitutional level, respectively at
the legislative level, as being of greater societal importance, as compared to the
legislative State public authorities, respectively the afferent ‘power of State’
institutions, respectively as compared to the administrative State public authorities,
respectively the afferent ‘power of State’ institutions.
(3) The legislative State public authorities, respectively the afferent institutions of
‘power of State’ type, are considered, at the constitutional level, respectively at the
legislative level, as being of greater societal importance, in comparison with
administrative State public authorities, respectively the afferent institutions of
‘power of State’ type, with corresponding consequences, at the societal level, from
the constitutional and legislative point of view.
(4) In the organizing and the functioning of the public authorities, of ‘power of
State’ type, it is applied the principle of “powers’ separation” within the State.
(5) The activities specific to the State public authorities, respectively to the afferent
State institutions, are distinct and, of principle, different, namely of guaranteeing
type, respectively of legislative type, respectively of administrative type.
(6) The same individual person can be employed as wage civil servant only in a
single institution of ‘power of State’ type.
(7) An individual person can be employed as wage civil servant in an institution of
‘power of State’ type, only if he/she holds the personal identity of State patriot or
citizen.
(8) From the constitutional and legislative point of view the societal importance of a
patriot is considered to be greater than that of a citizen and the societal
importance of a citizen is considered to be greater than that of a native.
Chapter II: The solemn pledge of the state, district and local dignitaries
Article 63:
(1) Are considered to be state dignitaries, respectively district dignitaries,
respectively local dignitaries, those individual persons who hold the personal
identity of patriot or of citizen and who were elected within the framework of the
state elections, respectively the district elections, respectively the local elections, in
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order to exercise a public function, as a leader or as a component member of a
‘power of State’ institution, at the state level, respectively at the district level,
respectively at the local level.
(2) At the investiture in a public function, of leading type, respectively as a
component member of an institution of ‘power of State’ type, of the wage civil
servants, who have the capacity of state dignitaries, respectively of district
dignitaries, respectively of local dignitaries (elected within the afferent elections),
they are bound over to lodge and to assume, publicly, as well as to sign, a Solemn
Pledge, by which to engage themselves that they will exercise the function of
dignitary for which they were elected, within the state elections, respectively the
district elections, respectively the local elections, in earnest, with responsibility and
professionalism, being aware of the fact that they were elected and, as a
consequence, they were invested in the corresponding dignitary function
inclusively in order to be and remain, in this capacity, in the service of the
Romanian Nation, in general, as well as in the service of the circumscription
Population (from the constituency in which they were elected), in particular,
according to the set forth priority.
(3) The content of the Solemn Pledge, which will have to be lodged, on specific
terms of public solemnity, and to be assumed by all the patriots, respectively by all
the citizens, who were elected to exercise a State dignitary function, at the state
level, respectively at the district level, respectively at the local level, has the
following text: “ I (full name), elected as (state, district, local) dignitary within the
(state, district, local) constituency, number..., at the investing in the function for
which I was elected, I do solemnly pledge, towards the Romanian Nation, in
general, as well as towards the circumscription Population from the constituency
in which I was elected, in particular, to exercise the function for which I was
elected, correctly, from the legislative and professional point of view, as well as
honestly, from the moral point of view, being aware that only proceeding in this
way I shall be worthy of the trust, honoring and expectations, both of those who
elected me and of those who did not elect me and I shall bring my benefic and
highest contribution, which I am capable of, to the defense, consolidation and
development of the Romanian State, as it is stipulated to be, by law, in the
Constitution of Romania.”
(4) At the appointment to a function of the State civil servants who are not
dignitaries, each wage employee, as a State functionary, shall lodge, on specific
terms of solemnity, publicly, in spoken form as well as in writing, a specific Solemn
Pledge, towards the Romanian Nation as well as towards the Population that
benefits by the public services performed by the State institution where he/she is
going to be employed, as a State functionary.
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(5) The content of the Solemn Pledge afferent to the State functionaries is similar
to the one afferent to dignitaries, with the difference that instead of the word
“dignitary” it is inserted the expression “State functionary” and the phrase afferent
to the circumscription Population is replaced by the phrase: “The Population
served by the institution where I am employed as a State functionary.”
(6) In order to ensure the public character of the official employment, by lodging
the Solemn Pledge mentioned above in the article 63, depending on the case, at
the lodging of the respective Pledge, at least 2 persons should be present, as
witnesses, persons who are employed as dignitaries, respectively as State
functionaries, within the State institution where the investiture, respectively the
employment of the person who follows to lodge the Solemn Pledge, takes place,
the present persons having to be different from the representative person of the
State institution where the investiture, respectively the employment in question, is
performed.
(7) After lodging the Solemn Pledge of investiture, respectively of employment onto
a function, stipulated in Article 63, the invested State dignitary, respectively the
employed State functionary, shall sign an official document, afferent to the
investing State institution, respectively to the employing institution, bearing the
official heading as well as other specific insignia of the institution in question,
document which shall be entitled: Solemn Pledge and shall contain the text of the
Pledge as well as the signing date of the pledge and which shall be signed both by
the person who lodged the respective pledge and by the person designated to
conduct the official investiture, respectively the employment and by the persons
designated to be present, as official witnesses, at the lodging of the pledge in
question. The solemn pledge thus becomes an official document with
corresponding juridical value and shall be put into the personal dossier of the
person in question, remaining in the administration of the respective institution.
(8) The wage employed persons in a state institution, respectively in a state
enterprise, who were not employed as state dignitaries or as state functionaries,
can be officially employed as: State worker, at the institutional level, respectively at
the entrepreneurial level, respectively at other level, depending on the case, and
when they are employed they shall lodge a pledge similar to those mentioned
above, on terms of solemnity, in the presence of a designated representative of the
institution or the enterprise or the organization of other type, State-owned or of
mixed type (State-private), with major state capital participation or with minor
state capital participation, but only for the State component part. The text of the
respective solemn Pledge is specified in the afferent legislation, deriving from the
text stated precisely in the Article 63 and adapted accordingly, depending on the
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case. After its signing, the respective pledge becomes a document with juridical
value and is put into the personal dossier of the person in question.
(9) A wage employee of an institution, respectively of an entrepreneurial company
or of an organization of other type, State-owned, cannot exercise effectively the
function for which he/she was employed but after the lodging of the solemn
Pledge, previously mentioned in the Article 63, depending on the case.
(10) Other specific problems relating to the employment of a person as a wage
employee in an institution, or in an entrepreneurial company, or in an organization
of other type, State-owned or mixed State-private, but for the State part, shall be
regulated in accordance with the constitutional provisions, respectively legislative
provisions, existent in the laws of constitutional level, afferent to the respective
domain.
Section II: Fundamental ‘power of State’ institutions
Chapter I: State Presidential Institution
Article 64: President of the State
(1) The President of the State is elected through direct, freely expressed and
correctly organized suffrage, at the state electoral level, by the state civic
Electorate, from among the candidates coming exclusively from the state patriotic
Electorate.
Article 65: Prerogatives of the President of the State
(1) The President of the State is the main administrative leader as well as the main
coordinator of the optimal functioning of the Romanian State, with the
fundamental purpose that the Romanian State to become and to remain, both at
the internal level and at the international level, as a civilized State, in accordance
with the state specific, stipulated at the constitutional level as well as at the
legislative level.
(2) The President of the State is the main official representative, at the
international level, of the Romanian State.
(3) The President of the State rules the activity of the State Presidential
Government in view of carrying out the objectives and matters, specifically
strategic, of the state administration.
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(4) The President of the State may take part in the meetings of the Societal
Administrative Government when specific societal matters, of state administration,
which he/she is interested in, are debated.
(5) The President of the State rules the activity of the Supreme State Council, made
up of the leaders of the other authority institutions of ‘power of State’ type,
existent at the state level.
(6) The President of the State can address a public message to the State population
on the last but one day of the current calendar year, in which he/she should refer
to the situation of the Romanian State, during the previous year, as well as in the
prospect of the next year, respectively he/she can convey a public message to the
state Population on the last but one day of every calendar quarter, relating to the
situation of the Romanian State.
(7) The President of the State may address the state Population with a special
message, in situations appreciated as out of the common, at the state level, with
the approval of the Moral Parliament of the Romanian State.
(8) The President of the State concludes, on behalf of the Romanian State,
international treaties, negotiated beforehand by other state institutions,
authorized to this end.
(9) The President of the State signs the credentials of the diplomatic
representatives, of ambassador’s rank, respectively of consul’s rank, of the
Romanian State, in other States, with which the Romanian State has diplomatic
relations.
(10) The President of the State receives the credential letters and accredits the
ambassadors, respectively the consuls, appointed by other States, with which the
Romanian State has diplomatic relations, with the purpose of representing the
respective States, from the diplomatic point of view, within the Romanian State.
(11) The President of the State can entrust certain matters, for settling, to the Vice-
president of the State, when he/she appreciates it as necessary or opportune to do
so, from the point of view of the State interests.
(12) In case of potential danger of armed aggression against the Romanian State,
the President of the State, with the approval of the Moral Parliament, takes over
the position of Supreme Leader of the Romanian State, until the cessation of the
state of aggression, officially ascertained by the Moral Parliament, capacity in which
he/she rules, with correspondingly supplemented prerogatives, the Supreme State
Council.
(13) The same in case of potential danger of armed aggression, or other type of
danger, appreciated as very likely or imminent against the Romanian State, the
President of the State can decide, with the approval of the Moral Parliament, the
partial or general mobilization of the reservists, as well as the training of the
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military forces, respectively of other forces too, depending on the case, in order to
be able to optimally cope with the armed aggressions against Romania, or other
major dangers, that may affect the Romanian State.
(14) The President of the State can establish, with the approval of the Moral
Parliament, the state of preventive battle alarm, in the event of a probable armed
aggression, respectively the state of war towards another State, or towards a
coalition of States, in case an armed aggression takes place.
(15) The President of the State grants the military ranks of: marshal, respectively
general, respectively admiral, to officers of superior rank.
(16) The President of the State may establish, with the approval of the Moral
Parliament, the state of emergency, in case of the need to counteract, in advance,
the possible occurring of a calamity, respectively the state of partial or total
calamity, in case a corresponding disaster happens.
(17) The President of the State promulgates the laws, worked out by the Legislative
Parliament, by issuing decrees of promulgation, based on which the promulgated
laws are published in the State legislative publishing body: the Legislative Gazette
of Romania, the laws in question becoming applicable from the moment of their
publication in the State legislative publishing body mentioned above.
(18) In certain situations of major state crisis, appreciated as such, by the Moral
Parliament, it can be adopted, by the Moral Parliament, at the proposal of the State
President or of the President of the Moral Parliament, the decision of setting up the
Extended Supreme State Council, by including into the Supreme State Council, as
temporary component members, the President, the Vice-President and the
Secretary of the Moral Parliament, as well as the empowering of the Board of
Directors of the Moral Parliament, to adopt certain decisions, which, under normal
conditions, are within the competence of the Moral Parliament.
(19) The legislative aspects corresponding to the ways of organizing and functioning
of the State Presidential Institution make the object of an afferent law, of
constitutional level.
Article 66: Plebiscite
(1) The President of the State can initiate, with the approval of the Moral
Parliament, the organizing of a state plebiscite, through which the Romanian
Nation to be able to exercise its national Sovereignty, by the agency of the State
civic electorate and to decide in this way in connection with the problems of
fundamental interest, respectively of main interest, of the Romanian Nation, for
the solving of which, at the constitutional level, it is stipulated the exercising of the
supreme power, of national Sovereignty, by the state plebiscite.
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(2) Matters of state plebiscite level are considered all those problems for which the
ways of solving are conditioned by the carrying on, in advance, of state plebiscites,
by the agency of which the Romanian Nation has to decide, in the main, the way in
which the problems in question should be solved (examples: the corresponding
diminishing of the national Sovereignty, required to be done for the integration of
the Romanian State into state Unions of international level; changing the territorial
organizing way of the state territory; giving up parts of the state territory,
imposed to be done in view of putting an end to the armed belligerences with
other states, for the purpose of concluding armistice treaties, respectively peace
treaties, or due to some states of fact, of forced imposing, by dictate or by
ultimatum; respectively of some conditionings which the Romanian State cannot
cope with, in other ways; respectively of external granting of the exploitation of
some natural resources, declared or considered as being strategic, by authorized
institutions; respectively the waiver or the acceptance of the diminishing of some
external claims of the Romanian State; respectively the acceptance of the
diminishing or renouncing certain rights of the Romanian State, arbitrarily
violated in the past and accepted willy-nilly, only in fact, but not by right, by the
Romanian State), as well as of other problems, appreciated by the President of the
State, with the approval of the Moral Parliament, as being resolvable only through
decisions, expressed by plebiscite, by the Romanian Nation.
(3) Depending on the needs, for the solving of some problems, of district level,
respectively of local level, which are appreciated by the State President, with the
approval of the Moral Parliament, that are not of a nature to create discontents,
respectively conflicting situations, at neighboring district levels, respectively at
neighboring locality levels, or unfavorable problems of state level, on the initiative
of the district Mayors, respectively of the local Mayors, with the approval of the
afferent District Councils, respectively Local Councils, there can be organized
district plebiscites, respectively local plebiscites, in order to make it possible, in this
way, for the afferent District Populations, respectively Local Populations, to
exercise their right of district Sovereignty, respectively of local Sovereignty, in order
to decide how to solve the problems submitted to the public debate in question.
(4) In case of conflicts of interests regarding the appreciation on the priority to
proceed to the solving, by decisions adopted at the plebiscite level, of certain
problems, of state interest, respectively of district interest, respectively of local
interest, do benefit by priority the decisions adopted at the state plebiscite level, as
against the decisions adopted at the district plebiscite level, respectively as against
the decisions adopted at the local plebiscite level, but with the observance of the
existent afferent legislation, and in case of conflicts of interests caused by certain
problems which follow to be motivated by decisions adopted at the district
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plebiscite level, respectively at the local level, do benefit by priority the problems of
district level, as against those of local level, but the same with the observance of
the existent afferent legislation.
(5) In the situations in which the conflicts of interests occur between neighboring
districts, respectively between neighboring localities, in connection with certain
decisions adopted by district plebiscite, respectively local plebiscite, by a certain
district, respectively by a certain locality, the solving of the divergences in question
is made in a legal way, by judicial institutions authorized at the state level for this
purpose.
(6) In the situation in which, at the state level, respectively at the district level,
respectively at the local level, there will not be a participation in the plebiscite
bigger than 50% of the afferent Electorate, the authorized electoral commission
will officially notify the situation in question in order that adequate sanctions to be
applied, by the empowered institutions, taking into consideration corresponding
cuts too from the budget allotted to the afferent territorial constituencies.
Article 67: Referendum
( to be continued )
Lorin Fortuna
Head of the Constitutional Group “ Timisoara “
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