duminică, 14 septembrie 2014

Article 140: Limits of constitutional revision.

The dispositions of the current state Constitution, regarding the national, independent, unitary and indivisible character of the Romanian State, the republican governing form, the integrity of the territory, the independence of the justice, the political pluralism and the official language cannot make the object of the constitutional revision. (2) The state Constitution cannot be revised during an emergency situation, at societal level, consisting in an aggression on the State of law, respectively on one of the other types of State (stipulated to exist, in Article 1), aggression committed from the inside, respectively from the outside, or both from the inside and from the outside of the Romanian State. (3) The state Constitution cannot be revised during the existence and specific manifestation of the state of armed aggression, declared officially (from the outside, respectively from the inside, respectively both from the outside and from the inside) on the Romanian State. (4) The state Constitution cannot be revised in case of existence and specific manifestation of the state of calamity, officially declared. (5) The state-citizens Electorate can decide, by referendum, the modification of the limits of the constitutional revision, specified within paragraph (1) of the present article. (6) The initiative to organize a referendum for the purpose of altering the limits of the constitutional revision, specified within paragraph (1) of the present Article, belongs to the state-fundamental institutions: the Constitutional Court, respectively the Moral Parliament, taken into consideration, in part, or together. (7) The new state Constitution, resulted from the revision of the old state Constitution, comes into force, officially, on the approval date, by the state-citizens Electorate, through referendum, of the draft of constitutional revision (made by the Constitutional Court), date on which the old state Constitution is officially abrogated. Chapter II: Modification of the Constitution Article 141: Modification of the Constitution (1) In order to initiate, respectively to carry out the modification of the state Constitution, there are applied, correspondingly adapted to the modification of the state Constitution, the provisions of the Articles 138, respectively 139, respectively 140. (2) Within the modification of the state Constitution, the state-citizens Electorate can decide, by referendum, to introduce some limits to the modification of the state Constitution, respectively can alter the modification limits, stipulated by the existing state Constitution. Chapter III: Dealing with possible temporary disagreements, of legislative type, caused by the implementation of the new state Constitution, into the existing state legislation Article 142: Publishing of the new state Constitution (1) The decision regarding the revision, respectively the modification (depending on the case) of the Constitution, is published, in the Official Gazette of Romania, by the Constitutional Court, under the form of: Law of constitutional revision, respectively: Law of constitutional modification (depending on the case), within maximum 3 days, from the date of adopting, through referendum, at state level, by the state-citizens Electorate, of the decision of constitutional revision, respectively of modification (depending on the case) of the state Constitution. (2) Other provisions regarding the publishing, respectively the public spreading, of the new state Page | Constitution, make the object of the constitutional Law afferent to plebiscite, respectively to referendum, as well as of other connected laws of the state legislative System. Article 143(1) The laws from within the constitutional legislative System, as well as the laws and other normative acts, from within the state legislative System, remain in force, in the temporal period subsequent to the coming into effect of the new state Constitution, to the extent that they do not infringe on the provisions of the new state Constitution.(2) The Constitutional Court, respectively the legislative Parliament, will proceed to the examining and restoring of the legislative conformity, with the provisions of the new state Constitution, of the laws from within the constitutional legislative System, respectively of the laws, as well as of other normative acts, from within the state legislative System, within 6 months from the date of coming into effect of the new state Constitution.(3) The legislative propositions, respectively the legislative drafts, presented, respectivelyapproved for legislating, will be reviewed, both by the initiators and the legislators and by the advisers, in order to be remade, respectively modified, if case be, in accordance with the provisions of the new state Constitution. (4) The institutions, as well as other forms of functional organizing, stipulated not to exist anymore by the new state Constitution, or following to be replaced with other institutions, respectively with other organizations, remain in operation until the setting-up and coming into operation of the new institutions, respectively organizations, which should replace them. (to be continued) Lorin Fortuna Head of the Constitutional Group “ Timisoara"

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