Constitution of Romania (1938)
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TITLE I. REGARDING THE TERRITORY OF RUMANIA
[edit]- Article 1
- The Kingdom of Rumania is a National State, united and indivisible .
- Article 2
- The territory of Rumania is inalienable.
- Article 3
- The territory of Rumania may not be colonized by the population of foreign nations.
TITLE II. REGARDING THE DUTIES AND RIGHTS OF RUMANIANS
[edit]Chapter I. Duties of Rumanian Citizens
[edit]- Article 4
- All Rumanians, without distinction of ethnic origin and religious faith, are obliged to consider the Country the principal basis of their aspiration in life, to sacrifice themselves for its integrity, independence and dignity, to contribute through their labor to its moral growth and economic prosperity, to fulfill faithfully the public obligations imposed upon them by law, and to contribute willingly to the fulfillment of public duties, without which a State cannot exist.
- Article 5
- All Rumanians, without distinction of ethnic origin and religious faith, are equal before the law, and owe it respect and obedience.
- No one may consider himself free of his civil or military, public or private obligations, by virtue of his religious or other convictions.
- Article 6
- No distinction of class is recognized in the Rumanian State. Privileges in the assessment of taxes are prohibited. Decreases and increases in taxes must be general and prescribed by law.
- Article 7
- No Rumanian may advocate, orally or in writing, any change in the form of government of the State, any division or distribution of the property of others, any exemption from taxes or class hatred.
- Article 8
- Clergymen of all faiths are forbidden to use their spiritual authority for political propaganda purposes, whether inside the buildings intended for religious worship and for the fulfilling of the duties appertaining to their offices, or elsewhere.
- Political propaganda is not permitted in establishments dedicated to religion or in connection with religious demonstrations.
- All political associations based upon or having religious beliefs are prohibited.
- No one may take or make an oath of allegiance except the persons prescribed by law, and upon the conditions and in the forms provided by law.
- Article 9
- Rumanians who, without the previous authorization of the Government, enter the service of a foreign State, or join a foreign military unit, shall automatically lose their Rumanian citizenship.
- The acceptance of foreign protection, for any period and for any reason whatever, shall result automatically in loss of Rumanian citizenship.
- A person who loses Rumanian nationality for any of the reasons mentioned above may regain it only by naturalization.
Chapter II. Regarding the Rights of Rumanians
[edit]- Article 10
- Rumanians shall enjoy freedom of conscience, labor, education press, meetings, associations and all other liberties resulting from rights established by law.
- Article 11
- Rumanian nationality may be acquired by marriage, descent, recognition and by naturalization. Naturalization shall be granted, on an individual basis, in accordance with law; it shall not have any retroactive effect. A wife shall benefit from the naturalization of her husband, and minor children, from that of their parents.
- Article 12
- Individual liberty is guaranteed.
- No one may be prosecuted or searched except uner the circumstances and according to the methods prescribed by law .
- No one may be detained or arrested except by virtue of a court order setting forth the reasons, produced at the time of the arrest or at the latest, 24 hours after the arrest.
- In cases of obvious guilt or of necessity, detention or arrest may be effected immediately, and the court order shall be issued and presented within 24 hours in accordance with the preceding paragraph.
- Article 13
- No one may be removed, against his will, from the jurisdiction of the courts established by law.
- Article 14
- The domicile is inviolable, No search of domicile may be made except by the competent authorities, under the circumstances and according to the regulations prescribed by law.
- Article 15
- The death penalty shall be applied in time of war in accordance with the military code of justice.
- The Council of Ministers may decide to apply the death penalty in time of peace, for attempts against the Sovereign, members of the royal family, heads of foreign states and State dignitaries for reasons connected with the performance of the functions entrusted to them, and in cases of robbery, accompanied with murder, or political assassination.
- Article 16
- Property of any nature, and all claims, whether against private persons or the State, are inviolable and guaranteed as such.
- Every individual nay freely di spose of property belonging to him in accordance with law.
- Public property shall be administered and may be alienated only according to the rules and regulations established by law. No law shall inflict the penalty of property confiscation, except in cases of high treason or embezzlement of public funds.
- No one's property may be expropriated except for public use and after a fair payment, fixed by the court in accordance with law, has been made. Property shall be considered of public use only if it is, by its nature, capable of being useful to everyone, at the time under consideration and in the future.
- No property shall be considered of public use unless it serves the purposes of national defense or is useful in connection with military, sanitary or cultural works, land, maritime or air communications or public parks or other public works provided for in existing laws; or unless a law is passed by both houses, with a two-thirds vote.
- Article 17
- Minerals and all other underground wealth shall be the property of the State. Excepted are ordinary rocks, quarries of building materials and peat bogs. However, rights acquired by the State on the basis of previous laws shall not be prejudiced by this provision. A mining law shall establish regulations concerning the exploitation of such resources and shall fix the rights of the owner of the surface, which must be at least 50 % of the royalty or of the rental for the concession; it shall likewise fix the manner in which and the extent to which the owner shall participate in the exploitation operations.
- Rights previously acquired by the State on the basis of concession documents, shall remain in force.
- Article 18
- Highways, roads and streets which are under the care of the State, or of the districts, municipalities or communes, navigable rivers and streams, shores of the sea and river banks, natural and artificial ports, the air space, water power, and, in general, all property which is not privately owned shall be public property.
- Article 19
- Freedom of worship is absolute.
- The State guarantees the same liberty and protection to all cults provided the public order and the good morals and security of the State are not impaired.
- The Christian Orthodox and the Greek-Catholic Churches shall be the Rumanian Churches. Since the great majority of Rumanians are of the Christian Orthodox faith, the Orthodox Church shall be the dominating Church in Rumania; the Greek Catholic Church shall have priority over other cults.
- The Rumanian Orthodox Church is and shall remain independent of all foreign churches; however, it shall retain its relationship, in regard to dogmas, with the ecumenical Church of the East.
- Spiritual and canonical dogmas of the Rumanian Orthodox Church shall derive from one central synodal authority.
- The relationship between the various cults and the State shall be determined by special laws.
- Article 20
- Records concerning the civil status of the population shall be regulated by the civil law . Such documents
shall be prepared prior to the religious ceremonies which are obligatory for the members of various faiths .
- Article 21
- There shall be liberty of education under the conditions established by special laws. However, the good morals, public order and interests of the State shall not be impaired.
- Elementary education is compulsory. In the State schools, education is free of charge.
- Article 22
- The Constitution guarantees to everyone, under the limitations and conditions established by law, the liberty to communicate and publish his ideas and opinions, by word of mouth, in writing, by pictures, sound, or by any other means.
- Article 23
- The secrecy of letters, telegrams and telephone conversations is inviolable, except in cases where the court is obliged to inform itself in accordance with law.
- Article 24
- Rumanian citizens have the right to meet peacefully, unarmed, in order to discuss matters of any nature, in conformance with the laws concerning the exercise of this right.
- Meetings, processions and demonstrations on public roads or in the open shall be conducted in accordance with the various applicable laws and police regulations.
- Article 25
- Everyone has the right to appeal to the public authorities by petitions signed by one or more persons, but such appeals may be made only in the names of the signatories.
- Only a legal entity may sign a petition in a collective name.
- Article 26
- Rumanian citizens have the right to associate, in accordance with the laws.
- The right of free association does not imply the right to create legal entities. The conditions under which legal personality is granted shall be established by law.
- Article 27
- Only Rumanian citizens shall be eligible for public offices and civil and military rank.
- Foreign citizens may not hold such offices except as specifically provided by law.
- Aliens within Rumania shall enjoy the protection granted by law to persons and property in general.
- Only Rumanians and naturalized Rumanians may acquire, under any title, or hold rural real property in Rumania. Aliens shall have only the right to the value of such real property.
- Article 28
- Foreign decorations shall be worn by Rumanian only with the authorization of the King.
- Insignia, emblems, medals and uniforms of any kind, may not be made, distributed or worn without legal authorization.
TITLE III. STATE POWERS
[edit]- Article 29
- All State powers emanate from the Rumanian Nation. However, they may be exercised only by delegation and in accordance with the principles and rules set forth in the present Constitution.
- Article 30
- The King is the Head of the State.
- Article 31
- Legislative power shall be exercised by the King through the Legislature which is divided into two assemblies: The Senate and the Chamber of Deputies.
- The King promulgates and approves the laws.
- Until Royal approval is given, a law is not valid.
- The King may refuse approval.
- No law may be presented for Royal approval until it has been discussed and passed by a majority of both assemblies.
- The publication of laws passed by both assemblies shall be effected by the Minister of Justice who is also the Keeper of the Great Seal of the State.
- The King has the power of initiating laws. Each of the two assemblies may propose upon its own initiative only laws of general interest to the State.
- Official interpretation of laws may be made only by the Legislature.
- No law or regulation of general or communal application shall be binding unless published in the manner set forth therein.
- Article 32
- The executive power is entrusted to the King who shall exercise it through his Government in conformance with the Constitution.
- Article 33
- The judiciary power is exercised through the judicial bodies. Judicial decisions are rendered by virtue of law. They are enforced in the name of the King.
Chapter I. The King
[edit]- Article 34
- The constitutional powers of the King are hereditary in direct and legitimate descent from His Majesty King Carol I of Hohenzollern-Sigmaringen, from male to male, by order of primogeniture, and to the perpetual exclusion of females and their descendants.
- The descendants of His Majesty shall be brought up in the Christian Orthodox faith.
- Article 35
- In the absence of direct male descendants of His Majesty King Carol I of Hohenzollern-Sigmaringen, the succession to the Throne shall fall to the oldest of His brothers, or to their descendants, as established in the preceding Article.
- If none of the brothers or their descendants are living, or if they declare that they will not accept the Throne, the King may indicate His successor from a ruling dynasty of western Europe, with the consent of the Legislature, given as prescribed in Article 36, below. If none of those alternatives is taken, the Throne shall become vacant.
- Article 36
- In the event that the Throne becomes vacant, the two assemblies shall meet at once as a single assembly, without being convoked, and, within eight days shall elect a King from a reigning dynasty of western Europe.
- The presence of three-fourths of the members' composing each of the two assemblies, and a majority vote of two-thirds of the members present, are necessary for such election. If the meeting has not taken place within the period proscribed above, on the ninth day at noon, the united assemblies shall proceed to the election by a majority of the votes, regardless of the number of members present.
- If the assemblies are dissolved at the tine of the vacancy of the Throne, the procedure will be as prescribed in the following Article.
- During the vacancy of the Throne, the united assemblies shall name a Royal Lieutenancy consisting of three persons, who shall exercise the Royal powers until the accession of the new King.
- In all cases mentioned above, the voting shall be secret.
- Article 37
- Upon the death of the King, the assemblies shall meet, without being convoked, at least by the tenth day after the announcement of the death.
- If the assemblies have been dissolved and the act of dissolution provides for new ones to be convoked at a time later than the tenth day, the former chambers shall meet until such time.
- Article 38
- From the date of the death of the King until the taking of the oath by His Successor to the Throne, the constitutional powers of the King shall be exercised, in the name of the Rumanian Nation, by the Council of Ministers and on their responsibility.
- Article 39
- The King shall become of age when 18 years old.
- Before his accession to the Throne, He shall take the following oath before the united assemblies:
- "I swear to observe the Constitution and laws of the Rumanian Nation, to uphold its national rights and the integrity of its territory."
- Article 40
- The King may appoint a Regent and two Deputy Regents who, after his death shall exercise the Royal powers, during the minority of His Successor.
- This nomination shall be made with the assent of the Legislature, given as prescribed by Article 36 of the present Constitution.
- The Regent shall, at the same time, be the minor King's guardian.
- If, upon the death of the King, the Regent has not been named and the successor to the Throne is a minor, the united assemblies shall name the Regent and the two Deputies, in the manner prescribed in Article 36 of the present Constitution.
- The Regent and Deputies shall not assume office until after having taken the oath prescribed by Article 39 of the present Constitution, before the united assemblies.
- In case of the death of the Regent, the oldest Deputy shall automatically take his place, and a new Deputy-Regent shall be elected as provided above.
- Article 41
- If the King is unable to reign, the Heir-Apparent, if of age, shall take over the Regency alone. If the Heir-Apparent is a minor, the Council of Ministers, after having legally established the impossibility of his reigning, shall convoke the united assemblies to make a decision.
- Article 42
- No amendments to the Constitution may be made during a Regency.
- Article 43
- The King may not simultaneously be the head of another state without the consent of the assemblies.
- Neither of the two assemblies may deliberate in regard to the above matter unless at least two-thirds of the members thereof are present and a decision may be taken only by a two-thirds majority vote,
- Article 44
- The person of the King is inviolable. His ministers shall be responsible.
- Every official document signed by the King shall be countersigned by a minister who, by so doing, shall become responsible therefor.
- Exception is made for the document appointing the President of the Council of Ministers, which shall not be countersigned.
- Article 45
- The King shall convoke the legislative assemblies at least once a year, opening the session with a message to which the assemblies shall present a reply.
- The King shall announce the closing of the session.
- The King may dissolve both assemblies or one of them. The document of dissolution shall include a convocation of the electors and of the new legislative assemblies.
- The King may postpone any session of the assemblies. They shall meet of right at the expiration of one year from the date of postponement, if, in the meantime, they have not been convoked.
- Article 46
- The King shall appoint and may recall His ministers.
- He may cancel or reduce criminal sentences, except where they apply to ministers.
- He may not suspend a prosecution or the execution of a judgment or interfere in any way in the administration of justice .
- He shall appoint and confirm appointments of public officials as prescribed by law.
- He may not create a new office without a special law.
- He shall make the necessary regulations for the application of the laws but may not modify them or except anyone from their a:pplication.
- He may, during any period when the legislative assemblies are dissolved or during any interval between sessions, issue decrees having the force of law, relating to any matter whatsoever, which decrees shall be submitted for ratification to the assemblies at the next legislative session.
- He is the Chief of the Army.
- He may declare war and make peace. He shall confer military rank in conformity with law.
- He shall confer Rumanian decorations. He shall accredit ambassadors and ministers plenipotentiary to the heads of foreign states.
- He may coin money in conformance with a special law.
- He shall conclude political and military treaties with foreign states. All such agreements which He makes relating to commerce, navigation, etc., must be approved by the legislative assemblies in order to have the force of law within the country.
- Article 4
- The civil list shall be established by law.
Chapter II. Legislature
[edit]- Article 48
- The members of the legislative assemblies represent the Nation. They may exercise their mandate only after having taken the legal oath.
- Article 49
- Each assembly shall determine by regulations the manner in which it shall be constituted and in which it shall exercise its functions.
- Article 50
- The High Court of Cassation shall ratify the elections of the members of each of the assemblies and shall verify the qualifications of the members before the date fixed for the meeting of the assemblies.
- Article 51
- No one may be a member of both assemblies at the same time.
- Article 52
- Any deputy or senator who is appointed by the executive power to a salaried post and who accepts such office, shall automatically lose his mandate as representative of the nation.
- Article 53
- The members of the legislative assemblies may not represent private interests which are being asserted against the State. Likewise they may not be members of boards of directors of enterprises which have entered into contracts with the State, the districts or the communes.
- Article 54
- Every decision shall be taken by a majority of votes, except in cases otherwise provided for in the Constitution.
- In the case of a tie, the proposal under consideration shall be rejected.
- The assemblies may hold session when more than one- half of the members are present.
- Article 55
- Every member of an assembly has the right to address questions to the ministers which the latter are obliged to answer within the period prescribed by the regulations.
- Article 56
- No member of either of the assemblies may be prosecuted for opinions expressed or votes cast during the course of the exercise of his mandate.
- Article 57
- No member of either of the assemblies may be prosecuted or arrested for penal offenses, during any session, except with the authorization of the assembly of which he is a member and except in the case of "flagrante delicto".
- The detention or prosecution of any member of either of the assemblies shall be suspended for the duration of the session, upon the request of the particular assembly.
- Article 58
- Each of the assemblies shall deliberate and render its decisions separately except in cases otherwise provided for in the present Constitution.
- Article 59
- The president of each assembly shall maintain order therein and may, with the approval of the respective assembly, issue orders to the guards.
- Article 60
- The compensation of the deputies and senators shall be established by law.
Section I. The Chamber of Deputies
[edit]- Article 61
- The members of the Chamber of Deputies shall be elected by Rumanian citizens who have attained the age of 30 years and who are engaged in occupations coming within one of the following three categories:
- 1. Agriculture and manual labor;
- 2. Commerce and industry;
- 3. Intellectual occupations.
- The election shall be conducted by secret votes, with ballots for only one candidate each, and under circumstances which assure the representation of the various occupations of the electors.
- The electoral law shall establish such guarantees and shall fix the requirements which both men and women electors must meet; it shall also fix the procedure for voting and the number of deputies and shall establish guarantees for the liberty of the electors.
- Deputies shell be elected for six years.
- Article 62
- The eligibility requirements for deputies are as follows:
- (a) Rumanian citizenship;
- (b) Enjoyment of civil and political rights and the actual practice of an occupation coming within one of the three categories mentioned in the preceding Article; each deputy shall represent the electors of the class to which he himself belongs;
- (c) Attainment of the age of 30;
- (d) Residence in Rumania.
- All matters relating to incapacities, temporary or permanent forfeitures, and incompatibilities shall be established by the electoral law.
Section II. The Senate
[edit]- Article 63
- The Senate shall be composed of senators appointed by the King, senators by right and senators elected by secret obligatory vote, by uninominal ballot, in the number and upon such conditions as are established by the electoral law. This law shall establish the requirements for the electors and the candidates, whether men or women.
- The number of senators appointed shall be half the number of those elected.
- Article 64
- The following are by right members of the Senate, by virtue of their high position in the State or Church:
- (a) The heir to the Throne, upon the attainment of age of 18;
- (b) All princes of the Royal Family who are of age;
- (c) The Patriarch and the Metropolitans;
- (d) The diocesan bishops of the Rumanian Orthodox and Greek-Catholic Churches, if elected in conformity with the laws of the Country;
- (e) The heads of religious cults recognized by the State, one from each denomination, if elected or appointed in conformity with the laws of the Country, and representing over 200,000 believers;
- (f) Persons recognized as senators by right prior to the date of the promulgation of the present Constitution.
- The mandates of the senators by right, enumerated in paragraphs (a) to (e) inclusive, shall cease upon the termination of the qualifications enumerated in such paragraphs.
- Appointed and elected senators shall hold office for nine years. The mandate of one-third of the elected senators shall be renewed every three years. Their terms shall begin on the date on which they take the oath, as provided in Article 48 of the present Constitution.
- Those who fall within the last third, that is, those whose names are not drawn by lot for renewal, shall retain their mandates until the expiration of the term of nine years.
- New elections shall be held for the offices of those whose names are drawn by lot, in conformity with the electoral law.
Chapter III. The Government and the Ministers
[edit]- Article 65
- The Government is composed of ministers and undersecretaries of State.
- The ministers exercise executive power on behalf of the King, under the conditions established by the Constitution and upon their own responsibility.
- The ministers have political responsibility only to the King.
- Article 66
- The ministers assembled shall form the Council of Ministers. The Minister charged by the King to form the Government shall preside over the Council and shall hold the title of President of the Council of Ministers.
- Ministerial departments and undersecretariats of State may be created and abolished only by law.
- Article 67
- Only persons who are at least third generation Rumanians may be ministers. Exception is made, however, for persons who have previously held such office.
- Article 68
- Members of the Royal Family may not become ministers.
- Article 69
- Ministers and undersecretaries of State who are not members of the assemblies may take part in the debates of the assemblies but may not vote; the assemblies may request the presence of ministers at their debates. At least one minister must be present at every meeting at which legislation is deliberated.
- Article 70
- The King and each of the assemblies may demand the prosecution or trial of ministers before the High Court of Cassation and Justice, which alone, with all sections united, is empowered to try them. Civil and criminal actions arising from acts committed by the ministers outside the exercise of their duties shall be governed by the rules of common law.
- In order for a legislative assembly to subject a minister to legal action, a two-thirds vote of the members present shall be required.
- An investigation will be made by a commission of the High Court of Cassation, composed of five members drawn by lot from among the members. This commission shall examine the evidence and decide whether to prosecute.
- The Public Prosecutor will present the case before the High Court of Cassation.
- The law concerning ministerial responsibility shall determine the responsibility and the penalties applicable to the ministers.
- Retired Ministers of Justice may not exercise the profession of barrister for one year from the date of retirement.
- Retired ministers may not become members of Boards of Directors of enterprises with which they concluded State contracts, until at least three years after their retirement.
- Article 71
- Any party whose rights are injured by a decree or order made by a minister in violation of an express provision of the Constitution or of the laws in force, may prosecute his claim against the State for damages suffered in conformance with the common law.
Chapter IV. The Legislative Council
[edit]- Article 72
- The Legislative Council shall function pursuant to its organic law.
- All proposed legislation must be submitted to the Legislative Council, before and after amendment; excepted are bills which concern only budgetary credits.
- No regulation for the application of a law may be promulgated without prior consultation with the Legislative Council, except under the circumstances mentioned in the paragraph immediately following.
- The legislative assemblies may consider proposed legislation without waiting for the approval of the Legislative Council, if the latter does not act within the term fixed by its organic law.
Chapter V. The Judicial Power
[edit]- Article 73
- No jurisdiction can be created except by virtue of a law.
- Commissions and extraordinary tribunals may not be created under any name, for particular civil or penal cases, or for trying certain persons.
- The jury is abolished.
- Article 74
- There shall be only one High Court of Cassotion for the entire State ,
- Article 75
- Only the High Court of Cassation, with all sections united, may judge the constitutionality of laws and declare void those which are contrary to the Constitution. A decision on the constitutionality of a law shall be limited to the facts of the case under consideration.
- The High Court of Cassation shall render decisions in cases coming within its jurisdiction.
- The right of appeal to the High Court of Cassation is limited to constitutional questions.
- Article 76
- Judges may not be removed from office. This matter will be governed by a special law which will be enacted within six months from the promulgation of the present Constitution. In the interim , disciplinary sanctions, if any, shall be made by Royal Decree.
- Article 77
- The military code shall be as established by law.
- Article 78
- Litigation involving administrative agencies shall be handled by the judiciary in conformance with a special law.
- The judiciary may not judge acts of the Government or military orders.
Chapter VI. Regarding the Administration of Districts and Communes
[edit]- Article 79
- Regulations concerning the administration of districts and communes shall be established by law.
TITLE IV. REGARDING FINANCE
[edit]- Article 80
- No tax whatsoever may be levied or collected except by virtue of a law.
- Taxes may be levied only for the benefit of the State, the districts, the communes and public institutions which discharge governmental functions.
- Article 81
- No monopoly may be created except by virtue of a law and then only for the benefit of the State, or the districts or communes.
- Article 82
- Pensions or bonuses payable from the public treasury may not be created except by virtue of a law.
- Article 83
- Each year the legislative assemblies shall close the accounts of the State and vote upon the budget. They may not increase proposed expenditures.
- All revenues and expenditures of the State must be entered in the budget. If the budget is not passed within a reasonable time, the executive branch may proceed with the discharge of its duties on the basis of the budget for the preceding year. However, no budget may be used for more than one year beyond that for which it was voted.
- Article 84
- The High Court of Accounts shall exercise control over the revenues and expenditures of the State. It shall each year submit to the legislative assemblies a general report of the use of the funds provided in the prior budget, pointing out any irregularities committed by the ministers.
- Proposals for the final settling of accounts must be submitted to the legislative assemblies within two years from the closing of each financial year.
- A superior controlling body shall be entrusted with the supervision, legal examination and accuracy of the accounts of all public agencies.
- This body shall be attached to the Office of the President of the Council of Ministers, and shall function according to the instructions of the Head of the Government.
- Article 85
- All money in special funds or accounted for by the Government under special headings , must be included in the general budget of the State .
- Article 86
- Only one High Court of accounts shall exist for the entire State.
- Article 87
- The embezzlement of public money is a crime and is punishable as such.
TITLE V. THE ARMY
[edit]- Article 88
- All Rumanian citizens are obliged to serve in one of the branches of the Army, as provided by law.
- Article 89
- Ranks, decorations and military pensions may not be withdra2n except by virtue of a judicial decision.
- Article 90
- The Army quota for each year shall be determined by vote of the legislative assemblies.
- Article 91
- No foreign armed troops shall be committed to the service of the State , nor shall they enter or pass over Rumanian territory except by virtue of a special law.
TITLE VI. GENERAL PROVISIONS
[edit]- Article 92
- The Rumanian flag shall be composed of the colors blue, yellow and red, arranged vertically.
- Article 93
- The seat of the Government shall be in the Capital of the Country.
- Article 94
- The Rumanian language shall be the official language of the State.
- Article 95
- No oath shall be binding or may be imposed
except by virtue of a law which fixes its text .
- Article 96
- The present Constitution may not be suspended in whole or in part.
- In the case of danger to the State, martial law may be instituted in whole or in part.
TITLE VII. REVISION OF THE CONSTITUTION
[edit]- Article 97
- The present Constitution may be revised in whole or in part only upon the initiative of the King and after deliberation of the legislative assemblies, which shall propose the revised text.
- A Royal Message shall announce the recommendation of the legislative assemblies, voted by a two-thirds majority at a joint session presided over by the President of the Senate.
- The result of their deliberation shall be communicated to the King by the Presidents of the two assemblies and a special commission.
- The new texts which are to replace those revised shall be voted by a two-thirds majority of each assembly, acting separately.
TITLE VIII. TEMPORARY AND FINAL PRUVISIUNS
[edit]- Article 98
- All codes and laws in force shall be revised in order to unify the legislation and to make it conform with the principles of the present Constitution. Until such time, the existing laws shall remain in force. All provisions of laws, decrees, regulations, etc., which are in conflict with the present Constitution, shall be abolished as of the date of the promulgation of the present Constitution.
- The Constitution promulgated by Royal Decree No. 1360 of March 28, 1923, is also abrogated as of the date of the promulgation of the present constitution.
- The jury shall continue to function in criminal cases until the Penal Code of Carol II and the Code of Penal Procedure are revised in accordance with the principles established in Article 73 of the present Constitution.
- Until the legislative assemblies are convened, all decrees shall have the force of law without the need of ratification.
- Royal decrees shall have a constitutional character and cannot be amended except in accordance with the procedure required for the revision of the Constitution.
- Article 99
- A Royal Decree with the force of law, as provided in Article 98, shall fix the qualifications of the electors and Candidates for the Chamber of Deputies and the Senate, the number of Deputies and Senators, and the rules according to which the elections will be held.
- This decree will have a constitutional character and may be modified only by a two-thirds vote.
- Article 100
- The present Constitution , after it is promulgated by the King, shall be submitted to the Runanian nation for approval or recommendation.
- A Royal Decree will fix the procedure to be followed.
- After this has been done and the result communicated to the King by the President of the Council of Ministers, the present Constitution shall be promulgated and will come into force.