Amazon
sâmbătă, 31 mai 2014
Altul care nu pricepe
Victor Ponta a declarat ca Republica Moldova are in Constitutie neutralitatea si nu se pune problema schimbarii. Asta ori nu pricepe ori se face ca nu pricepe ? El spune ca este nevoie ca Romania si NATO sa garanteze integritatea teritoriala si drumul spre Europa al Moldovei. Pai cum naiba sa garanteze integritatea teritoriala daca Moldova, prin Constitutie, e stat neutru ? ! Armatele NATO nu vor putea intra. Armata rusa e prezenta in Transnistria( teritoriu al Republicii Moldova) de prin 1992. Atunci Moldova nu avea Constitutie. Rusii vor ajunge la Prut fluierand.
Am si uitat de el !
Citind aceasta stire mi-am adus aminte de personajul din ea. E vorba de unul dintre latratorii de serviciu ai PCRM- tovarasul Constantin Staris. Nu stiu pe ce post mai e realizator, parca pe A-TV Moldova. Adica noul NIT-TV. Acest Staris, intamplator si deputat PCRM, promoveaza un jurnalism agresiv. Pe vremea cand avea emisiuni pe NIT TV ma mai uitam pe la el. Chiar daca nu intelegeam, acest personaj nu vorbeste limba romana, ma ingrozeam de comportamentul lui. Insa stirea aceasta chiar m-a facut sa ma prapadesc de ras. Vai saracul de el ! A transpirat de atata munca in folosul poporului.
Барикада повинна залишатися.
Я говорю не дозволяйте йому зруйнувати барикаду в Києві. Вона повинна залишатися, щоб нагадати їм, що відбувається, якщо політики роблять, що хочуть громадяни. Що відбудеться, якщо ти зрадив і Янукович. Віталій Кличко, новий мер Києва, не забувайте, що у зв'язку з барикад став мером. Все, що ми можемо дати барикаду вниз.
Unde e siguranta cetatenilor in Moldova ?
Recunosc ca eu merg cu placere in Moldova. Sunt zone frumoase care merita vazute ? Insa ieri cand am aflat de atacul armat din Chisinau m-am cam speriat. Asta mi-a adus aminte de felul in care se intampla lucrurile in Rusia. Eu stiu ca asa era in Moldova in anii '90. Oare actuala guvernare doreste sa revina aceasta situatie ? Ce face Ministerul de Interne ? Aceste lucruri trebuiesc starpite, daca vor ca Moldova sa ajunga in UE. Daca nu mai pot stapani situatia, atunci sa ceara ajutor strain ori sa plece de la putere. Ce o sa se intample ? Oamenilor o sa le fie frica sa mai locuiasca in Moldova. Strainii vor evita sa viziteze tara. Asta vor guvernantii de la Chisinau ?
Я молюся за новим керівництвом в Києві!
Я молю Бога, щоб нове керівництво в Києві не буде піддаватися тиску з боку Росії. Український народ не заслуговує того, щоб отримати знімок в травні. Вони хочуть кращого життя. Росія тільки принести нещастя. Я сподіваюся, ви не піддавайтеся на шантаж російського газу.
Etichete:
Я молюся за новим керівництвом в Києві!
vineri, 30 mai 2014
Пам'ятайте! Росія на цьому не зупиняється
Дорогі друзі в Україні, ви повинні бути дуже обережні. Росія не зупинятися на досягнутому. Тепер він запропонував розірвати Україну на дві частини. Ліберально-демократична партія Росії вважають, що території південно-східної України російська земля. Вони кажуть, що вони незаконно окуповані. Ці регіони є: Донецьк, Луганськ, Одеса, Запоріжжя, Херсон, Миколаєві, Харкові та Дніпропетровську. Вони будуть слідувати моделі Крим.
Se scufunda barca lui Voronin
Vad ca plecarile din PCRM continua. Lumea vede ca acest partid nu mai are absolut niciun viitor. Cand era la outere vroia cu Uniunea Europeana. Apoi cu Uniunea Vamala. Acum iar vrea cu Uniunea Europeana. Acest partid e mai rau decat cum bate vantul.Oamenii vad ca viitorul Moldovei e in Europa.
De cesi limba rusa sa fie predata obligatoriu ca limba straina ?
L-am ascultat ieri pe Marian Lupu debitand tampenii despre limba. Am ramas socat ca el este pentru predarea in scoli in mod obligatoriu a 3 limbi straine: engleza, franceza si rusa. Si eu sustin sa se predea engleza si franceza. Aceste doua limbi trebuiesc stiute de copii. Dar de ce si rusa ? Poate familia aceea nu vrea ca, copilul sa invete rusa. Este ca si cum ai obliga copii romani sa invete obligatoriu limba maghiara. Limba rusa trebuie sa fie facultativa pentru cei care vor sa o invete in scolile cu predare in limba romana. Sa existe( asta in cazul care nu exista deja, recunosc ca nu stiu treaba asta) scoli sau clase speciale pentru etnicii rusi. Insa oare de ce nu a spus Marian Lupu si de limba ucraineana. Din ceea ce cunosc sunt mai multi ucraineni decat rusi.
Російський газ вимагання зброї
Росія використовує газ як зброю шантажу. Залежність країн теплових джерел дозволяє контролювати їх політично. Як Україна вже вийшла з-під контролю, так як Росія загрожує зростання цін на газ. Україна дійсно потрібно шукати інші джерела тепла. Ви повинні бігти залежність від російського газу.
joi, 29 mai 2014
Foarte bine au facut
Curtea Constitutionala de la Chisinau a decis ca cei care mai au inca pasapoarte sovietice sa nu mai poata vota. Foarte bine au decis ! Uniunea sovietica nu mai exista. Nu poti avea acte de identitate ale unui stat care nu mai exista. Puteau romanii basarabeni sa mearga la vot cu carte de identitate romaneasca dupa anexarea Basarabiei ? Clar ca nu ! Schimbarea actelor este gratuita. Nostalgicii sa se trezeasca la realitate. URSS-ul nu mai exista ! Comunistii, ca intotdeauna, au facut mare scandal pe tema asta. Nu poti sa mergi in Europa cu cetateni care mai au inca acte de identitate sovietice
miercuri, 28 mai 2014
Tkaciuk iar isi bate joc
Vad ca si in ultima sa actiune ca deputat, Mark Tkaciuk si-a batut joc. Si-a scris cererea de demisie in limba rusa. Il durea oare mana daca scria in romana ? Salut interventia deputatului Valeriu Munteanu. Are mare dreptate. Oare de ce naiba nu se aproba o lege prin care toti alesii trebuie sa scrie si sa vorbeasca in limba romana in Parlament ? Sa le mai taie din obraznicia comunistilor.
Росія повинна припинити криваву баню
Росія заявляє, що Україна повинна зупинити кровопролиття. Ну, не напав на Росію Україна, а навпаки. Росія напала на Україну. Те, що Росія повинна припинити кровопролиття. Україна нічого не робить, щоб захистити територію.
Etichete:
Росія повинна припинити криваву баню
Halal
Halal presa de la Chisinau !!!! Nicaieri nu mai pot sa mai public vreun articol. Sunt suparat pe asta. Noroc cu blogul meu.
O decizie foarte buna.
Salut decizia luata privind intonarea in scoli a imnului Romaniei in fiecare zi la inceputul cursurilor. Este un lucru foarte bun. Trebuie sa ne cunoastem imnul si sa fim patrioti adevarati. Toate natiunile straine isi pun steagul pe obiecte. Presupun ca ati vazut steagul Americii pe chiloti sau pe bluze. Oare de ce noua ne este rusine cu imnul si cu steagul nostru ? Ne este rusine ca suntem in romani ? Eu am vazut anul trecut intr-o scoala din orasul Straseni, Republica Moldova, la intrarea in institutie erau puse steagul Moldovei pe hol, declaratia de independenta si textul imnului Moldovei- Limba noastra. Eu imi doresc tare mult ca aceasta hotarare sa se puna in aplicare.
Угорці в Україні не буде автономія
Дорогі друзі України повинні знати, що союзником Угорщини в Росію. Вони роблять гру Москва зламати нашу країну на шматки. Їхня мрія Великий Угорщина. Просто хочу, щоб зламати і нам, в Румунії, Трансільванії. Радий угорці в Україні не буде автономія. Переконайтеся, що вони ваші співвітчизники, але ніколи не довіряти Угорщину.
marți, 27 mai 2014
Україна прекрасна.
Я чув вашу країну, Україна дуже красива. Торік я вирішив, що цього року був візит в Україну. Я хотів подивитися, Чернівці та, чому б ні, Київ. Але події вас змусило мене змінити свою думку. Мені б хотілося, щоб побачити нові і красиві місця і сфотографуватися розмістити їх на своєму блозі. Щоб показати людям, що у нас є навколо нашої красивої області. Я впевнений, що Україна має потенціал. Я сподіваюся, що, щоб зробити відвідування, як тільки! слава Україні
Imi miroase a jaf
Recent s-a incheiat recensamantul persoanelor in Republica Moldova. Insa imi cam miroase a fals extraordinar. Un fals care sa legitimizeze " limba moldoveneasca" si" poporul moldovenesc". Multi s-au declarat romani dar au fost trecuti ca moldoveni. Acest lucru va fi in dezavantajul Moldovei in cazul unui atac din partea Rusiei. Daca erau o mare majoritate declarati romani, Romania fiind membra NATO si UE, avea dreptul legitim sa-i apere. Insa acest fals, daca este asa, le aduce mari favoruri rusilor.
Украина не должны делать в СНГ
Решение Hello Украины выйти из СНГ. Вы не можете оставаться в союзе с оккупантом, то есть России. Украина является страной с процветающей европейского будущего. Россия откатывается годы. Пора вырваться из России, но остаются территориальной целостности.
Вітаю, пане президент
Я бачу, що новий президент України вирішив продовжити контртерористичних операцій в східній частині Конго. Це дуже хороша річ! Ми повинні боротися за цілісність України, Росія не буде здаватися, що ви повинні знати. Але ми не повинні дозволити. Ви не повинні народ відмовитися від боротьби за краще життя. І президент повинен бути з людьми.
Etichete:
Вітаю,
пане президент,
що новий президент України вирішив .,
Я бачу
luni, 26 mai 2014
V-ati batut joc de ei !!!!!!
Guvernarea Ponta si-a batut ieri joc de romanii basarabeni. Dupa ce ca au fost nevoiti sa stea ore intregi la cozi interminabile, foarte multi nu au reusit sa voteze. Asta e bataie de joc. Sa nu va mirati, dottore Ponta, ca romanii din Republica Moldova nu va voteaza. Se vede ca ca nu va intereseaza de ei.
слава Україні
Я вітаю український народ обрати нового президента! Г-н Петро Олексійович Порошенко є Presidente який, сподіваюся, принесе мир в Україні
Inca o lovitura pentru PNL.
Se pare ca azi nu este o zi buna pentru cei din PNL. Mai intai au primit rezultatele dezastruase de la alegerile de ieri. Apoi au ramas fara conducere, care si-a dat demisia in urma esecului. Pe seara au mai primit o lovitura. Motiunea de cenzura contra Guvernului Ponta 3 a picat. Va duceti in jos, dragi PNL-isti.
Renuntati la neutralitate !
Ma bucur sa vad ca PL-ul domnului Ghimpu a cerut Curtii Constitionale sa interpreteze aplicatibilitatea articolului 11 din Constitutie. Eu nu stiu ce raspuns va da Curtea, insa va reamintesc ca nu mai merge treaba cu Moldova stat neutru. Cat de neutru poti fi ca stat cu armata ocupanta pe teritoriul tau ? Trebuie sa ne uitam bine ca Rusia este din ce in ce mai agresiva in zona. In cazul unui atac, din cauza acestui articol, Republica Moldova nu va putea fi aparata de nimeni. Domnul Ghimpu ar trebui sa declanseze lupta privind modificarea acestui articol.
PNL-ul va avea soarta PNTCD-ului
Va mai aduceti aminte ce partid mare si puternic aveau taranistii ? Acun nu sunt nici macar umbra a ceea ce au fost. Asa se va intampla si cu PNL-ul. Asta arata si rezultatele de la europarlamentare. Multi membri vor pleca din cauza ca Crin Antonescu a anuntat ca doreste unificarea dreptei. Adica exact ceea ce vrea si Basescu. PNL-ul a obtinut voturi la alegerile din 2012 pe valul ati- Basescu. Lumea a votat USL-ul( din care facea parte si PNL-ul). PNL-ul sta sa moara din punct de vedere politic. Alianta cu Basescu ii va distruge definitiv !
Etichete:
acunnü,
PNL-ul va avea soarta PNTCD-ului,
Va mai aduceti aminte ce partid mare si puternic aveau taranistii ? Acun nu sunt nici macar umbra a ceea ce au fost.
duminică, 25 mai 2014
Moldova vrea cu Europa
Azi am ramas uimit de coada de la sectiile de votare din Republica Moldova. Romanii de acolo au dat semnul ca vor sa fie reprezentati in Europa. Este semnalul ca Moldova vrea sa fie reprezentata in UE si ca vor sa aiba o voce puternica. Este un lucru bun pentru o tara care vrea sa adere la Uniunea Europeana. Tin sa-i felicit pe cei care vor ca Moldova sa fie membra UE.Este un lucru bun ca fiecare partid a avut pe lista unul sau mai multi candidati din Republica Moldova. Eu sper ca, cat mai multi sa ajunga in Parlamentul European. Doar cei care stau acolo stiu ce este mai bine Insa trebuie sa spun ca organizarea a lasat mult de dorit. Au ramas multi oameni care nu au reusit sa mai voteze. Asta este o bataie de joc !!!!
sâmbătă, 24 mai 2014
Moldova nu are niciun motiv sa mai ramana in CSI
Vad ca actuala clasa politica de la Chisinau, desi urla sus si tare ca vor in UE, ma refer la cei de la putere, ei tot cu fata spre rasarit stau.Azi au aprobat un acord de creare al Fondului Interstatal de colaborare umanitara al Comunitatii Statelor Independente. Bineinteles ca sediul acestuia este la Moscova. Din acest acord fac parte : Belarus, Kazahstam, Kargazstan, Rusia si Tadjikistan. Tot tari in care saracia si mafia colhaie. Se pare ca pliticienii de la Chisinau nu vor in UE unde e bunastare. Acest acord contravine grav normelor UE. Nu poti servi la doi stapani.
Іди і голосувати!
Дорогі друзі в Україні. Завтра, 25 травня, є особливо важливим для вашої країни. Тому то кажу вам: піти і голосувати завтра. Я не рекомендую для тих, хто твій варіант, важливо, щоб голосувати.
vineri, 23 mai 2014
Voi cum va simtiti ?
Azi am vazut ca au fost aduse acasa trupurile celor decedati in accidentul de tren din Rusia. Nici nu vreau sa imi inchipui ce este in acele familii ! Eu le transmit virtual condoleante. Cazul acelei fete care trebuia sa se marite m-a impresionat pana la lacrimi. Mi-e si greu sa scriu aceasta postare deoarece abia reusesc sa gasesc cuvintele potrivite. Insa pun o intrebare la toata clasa politica din Moldova: voi cum va simtiti ? Dormiti bine ?! Nu aveti mustrari de constiinta ? Tu, Voronin, care ai condus si furat 8 ani aceasta tara, dormi bine ? Domnilor Leanca, Timofti, Vilat, Lupu si altii, dormiti bine ? Chiar nu va doare de cei care au murit ? Daca voi, toti politicienii de la Chisinau, nu distrugeati Republica Moldova, oamenii nu erau nevoiti sa plece la munca in Rusia si nu se producea aceasta tragedie. Sa va fie rusine !
Voronin, nici nu stii cat de singur o sa fii
O stire care mi-a facut dimineata un pic mai frumoasa. Mark"degetel mijlociu" Tkaciuk si-a depus mandatul in in Parlament. Ba mai mult de atat, l-a si parasit pe Voronin. Se stie ca Tkaciuk era ideologul de serviciu al PCRM. Asa am vaga impresie ca pleaca la Renato Usatii. Daca nu ca membru de partid, sigur o sa fie in spate ca ideolog. Voronin, nici nu stii cat de singur o sa fii.
Etichete:
nici nu stii cat de singur o sa fii.,
voronin
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
Page | 1
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
Page | 2
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.
Page | 3
(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
Page | 4
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.
Page | 5
(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
Page | 6
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.
Page | 7
(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
Page | 8
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 “
Page | 9
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
Page | 1
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
Page | 2
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.
Page | 3
(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
Page | 4
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.
Page | 5
(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
Page | 6
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.
Page | 7
(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
Page | 8
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 “
Page | 9
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.
Page | 1
(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
Page | 2
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,
Page | 3
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.
Page | 4
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.
Page | 5
(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-
Page | 6
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
Page | 7
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
Page | 8
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.
Page | 9
(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.
Page | 10
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.
Page | 11
(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.
Page | 12
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 “
Page | 13
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.
Page | 1
(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
Page | 2
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,
Page | 3
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.
Page | 4
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.
Page | 5
(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-
Page | 6
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
Page | 7
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
Page | 8
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.
Page | 9
(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.
Page | 10
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.
Page | 11
(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.
Page | 12
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 “
Page | 13
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.
Page | 1
(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.
Page | 2
(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.
Page | 3
(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
Page | 4
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,
Page | 5
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.
Page | 6
(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,
Page | 7
(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
Page | 8
(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 “
Page | 9
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.
Page | 1
(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.
Page | 2
(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.
Page | 3
(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
Page | 4
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,
Page | 5
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.
Page | 6
(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,
Page | 7
(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
Page | 8
(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 “
Page | 9
Abonați-vă la:
Postări (Atom)