Public Authorities

Public Authorities

Public Authorities

Public Authorities

- Constitution of Romania

TITLE III: Public Authorities

CHAPTER I - Parliament

SECTION 1 - Organization and functioning

ARTICLE 61 - Role and structure
(1) Parliament is the supreme representative body of the Romanian people and the sole legislative authority of the country.
(2) Parliament consists of the Chamber of Deputies and the Senate.
ARTICLE 62 - Election of the Chambers
(1) The Chamber of Deputies and the Senate shall be elected by universal, equal, direct, secret and free suffrage, in accordance with the electoral law.
(2) Organizations of citizens belonging to national minorities, which fail to obtain the number of votes for representation in Parliament, have the right to one Deputy seat each, under the terms of the electoral law. Citizens of a national minority are entitled to be represented by one organization only.
(3) The number of Deputies and Senators shall be established by the electoral law, in proportion to the population of Romania.
ARTICLE 63 - Term of office
(1) The Chamber of Deputies and the Senate shall be elected for a term of office of 4 years, which may be extended de jure in the event of a mobilization, war, siege, or emergency, until such event has ceased to exist.
(2) Elections to the Chamber of Deputies and the Senate shall be held within three months at the most of the expiry of the term of office or the Parliament dissolution.
(3) The newly elected Parliament shall meet upon convening by the President of Romania, within twenty days of the elections.
(4) The Chambers' term of office shall be prolonged until the new Parliament legally meets. During this period, the Constitution shall not undergo any revision, nor shall any organic laws be passed, amended or repealed.
(5) Bills or legislative proposals entered on the agenda of the preceding Parliament shall be carried over in the session of the new Parliament.
ARTICLE 64 - Organizational structure
(1) The organization and functioning of each Chamber shall be regulated by its own Standing Orders. Financial resources of the Chambers shall be provided for in the budgets approved by them.
(2) Each Chamber shall elect its Standing Bureau. The President of the Chamber of Deputies and the President of the Senate shall be elected for the Chambers' term of office. The other members of the Standing Bureaus shall be elected at the opening of each session. The members of the Standing Bureaus may be dismissed before the expiry of the term of office.
(3) Deputies and Senators may be organized into Parliamentary Groups, according to the Standing Orders of each Chamber.
(4) Each Chamber shall set up Standing Committees and may institute inquiry committees or other special committees. The Chambers may set up joint committees.
(5) The Standing Bureaus and Parliamentary Committees shall be made up so as to reflect the political spectrum of each Chamber.
ARTICLE 65 - Sittings of the Chambers
(1) The Chamber of Deputies and the Senate shall meet in separate sittings.
(2) The Chambers may also meet in joint sittings, based on the regulations passed by a majority vote of the Deputies and Senators, in order: a) to receive the message of the President of Romania; b) to approve the State budget and the State social security budget; c) to declare total or partial mobilization; d) to declare a state of war; e) to suspend or terminate armed hostilities; f) to approve the national strategy of homeland defence; g) to examine reports of the Supreme Council of National Defence; h) to appoint, based on proposals by the President of Romania, the directors of the intelligence services, and to exercise control over the activity of such services; i) to appoint the Advocate of the People; j) to establish the status of the Deputies and Senators, their emoluments, and other rights; k) to fulfil any other prerogatives, which - in accordance with the Constitution or the Standing Orders - shall be exercised in a joint sitting.
ARTICLE 66 - Sessions
(1) The Chamber of Deputies and the Senate shall meet in two ordinary sessions every year. The first session begins in February and is due to last by the end of June at the latest. The second session begins in September and is due to last by the end of December at the latest.
(2) The Chamber of Deputies and the Senate may also meet in extraordinary sessions, at the request of the President of Romania, the Standing Bureau of each Chamber or of at least one third of the number of Deputies or Senators.
(3) Each Chamber shall be convened by its president.
ARTICLE 67 - Acts of Parliament and legal quorum The Chamber of Deputies and the Senate shall pass laws, and carry resolutions and motions, in the presence of the majority of their members.
ARTICLE 68 - Publicity of sittings
(1) The sittings of both Chambers shall be public.
(2) The Chambers may decide that certain sittings be secret.

SECTION 2 - Statute of Deputies and Senators

ARTICLE 69 - Representative mandate
(1) In the exercise of their mandate Deputies and Senators shall be in the service of the people.
(2) Any imperative mandate shall be null.
ARTICLE 70 - Term of office of Deputies and Senators
(1) Deputies and Senators shall begin the exercise of their office on the day the Chamber whose members they are has lawfully met, on condition the election is validated and the oath is taken. The form of the oath shall be regulated by an organic law.
(2) The capacity as a Deputy or Senator shall cease on the same day the newly elected Chambers shall legally meet, or in case of resignation, disenfranchisement, incompatibility, or death.
ARTICLE 71 - Incompatibilities
(1) No one may be a Deputy and a Senator at the same time.
(2) The capacity as a Deputy or Senator is incompatible with the exercise of any public office in authority, with the exception of Government membership.
(3) Other incompatibilities shall be established by organic law.
ARTICLE 72 - Parliamentary immunity
(1) No Deputy or Senator shall be held judicially accountable for the votes cast or the political opinions expressed while exercising their office.
(2) The Deputies and Senators may be subject to criminal investigation, or criminally prosecuted for acts that are not connected with their votes or their political opinions expressed in the exercise of their office, but shall not be searched, detained or arrested without the consent of the Chamber they belong to, after being heard. The investigation and prosecution shall only be carried out by the Public Prosecutor's Office attached to the High Court of Cassation and Justice. The High Court of Cassation and Justice shall have jurisdiction over this case.
(3) If caught in the act, Deputies or Senators may be detained and searched. The Minister of Justice shall inform without delay the president of the Chamber in question on the detainment and search. If, after being notified, the Chamber in question finds there are no grounds for the detainment, it shall order the annulment of such a measure at once.

SECTION 3 - Legislation

ARTICLE 73 - Classes of laws
(1) Parliament passes constitutional, organic, and ordinary laws.
(2) Constitutional laws shall be pertaining to the revision of the Constitution.
(3) Organic laws shall regulate: a) the electoral system; the organization and functioning of the Permanent Electoral Authority; b) the organization, functioning, and financing of political parties; c) the statute of Deputies and Senators, the establishment of their emoluments and other rights; d) the organization and holding of referendum; e) the organization of the Government and of the Supreme Council of National Defence; f) the state of partial or total mobilization of the armed forcesand the state of war; g) the state of siege and emergency; h) criminal offences, penalties, and the execution thereof; i) the granting of amnesty or collective pardon; j) the statute of public servants; k) the contentious business falling within the competence of administrative courts; l) the organization and functioning of the Superior Council of Magistracy, the courts of law, the Public Ministry, and the Court of Audit; m) the general legal status of property and inheritance; n) the general organization of education; o) the organization of local public administration, territory, as well as the general rules on local autonomy; p) the general rules covering labour relations, trade unions, employers' associations, and social protection; r) the status of national minorities in Romania; s) the general statutory rules of religious cults; t) the other fields for which the Constitution stipulates the enactment of organic laws.
ARTICLE 74 - Legislative initiative
(1) A legislative initiative shall lie, as the case may be, with the Government, Deputies, Senators, or a number of at least 100,000 citizens entitled to vote. The citizens who exercise their right to a legislative initiative must belong to at least one quarter of the country's counties, while, in each of those counties or the Municipality of Bucharest, at least 5,000 signatures should be registered in support of such initiative.
(2) A legislative initiative of the citizens may not touch on matters concerning taxation, international affairs, amnesty or pardon.
(3) The Government shall exercise its legislative initiative by introducing bills to the Chamber having competence for its adoption, as a first notified Chamber.
(4) Deputies, Senators and citizens exercising the right of legislative initiative may present proposals only in the form required for bills.
(5) Legislative proposals shall be first submitted to the Chamber having competence for its adoption, as a first notified Chamber.
ARTICLE 75 - Notification of the Chambers
(1) The Chamber of Deputies, as a first notified Chamber, shall debate and adopt the bills and legislative proposals for the ratification of treaties or other international agreements and the legislative measures deriving from the implementation of such treaties and agreements, as well as bills of the organic laws stipulated under article 31 (5), article 40 (3), article 55 (2), article 58 (3), article 73 (3) e), k), 1), n), o), article 79 (2), article 102 (3), article 105 (2), article 117 (3), article 118 (2) and (3), article 120 (2), article 126 (4) and (5), and article 142 (5). The other bills or legislative proposals shall be submitted to the Senate, as a first notified Chamber, for debate and adoption.
(2) The first notified Chamber shall pronounce within 45 days. For codes and other extremely complex laws, the time limit will be 60 days. If such time limits are exceeded, it shall be deemed that the bill or legislative proposal has been adopted.
(3) After the first notified Chamber adopts or repeals it, the bill or legislative proposal shall be sent to the other Chamber,which will make a final decision.
(4) In the event the first notified Chamber adopts a provision which, under paragraph (1), belongs to its decision-making competence, the provision is adopted as final if the other Chamber also adopts it. Otherwise, for the provision in question only, the bill shall be returned to the first notified Chamber, which will make a final decision in an emergency procedure.
(5) The provisions of paragraph (4) concerning the bill being returned shall also apply accordingly if the decision-making Chamber should adopt a provision for which the decision-making competence belongs to the first Chamber.
ARTICLE 76 - Passing of bills and resolutions
(1) Organic laws and resolutions concerning the Standing Orders of the Chambers shall be passed by the majority vote of the members of each Chamber.
(2) Ordinary laws and resolutions shall be passed by the majority vote of the members present in each Chamber.
(3) At the request of the Government or on its own initiative, Parliament may pass bills or legislative proposals under an emergency procedure, established in accordance with the Standing Orders of each Chamber.
ARTICLE 77 - Promulgation of laws
(1) A law shall be submitted for promulgation to the President of Romania. Promulgation shall be given within twenty days after receipt of the law.
(2) Before promulgation, the President of Romania may return the law to Parliament for reconsideration, and he may do so only once.
(3) In case the President has requested that law be reconsidered or a review has been asked for as to its conformity with the Constitution, promulgation shall be made within ten days from receiving the law passed after its reconsideration, or the decision of the Constitutional Court confirming its constitutionality.
ARTICLE 78 - Coming into force of laws The law shall be published in the Official Gazette of Romania and come into force 3 days after its publication date, or on a subsequent date stipulated in its text.
ARTICLE 79 - Legislative Council
(1) The Legislative Council shall be an advisory expert body of Parliament, that advises draft normative acts for the purpose of a systematic unification and co-ordination of the whole body of laws. It shall keep the official record of the legislation of Romania.
(2) The setting up, organization and functioning of the Legislative Council shall be regulated by an organic law.

CHAPTER II - The President of Romania

ARTICLE 80 - The President of Romania
(1) The President of Romania shall represent the Romanian State and is the safeguard of the national independence, unity and territorial integrity of the country.
(2) The President of Romania shall guard the observance of the Constitution and the proper functioning of the public authorities. To this effect, he shall act as a mediator between the Powers in the State, as well as between the State and society.
ARTICLE 81 - Election of the President
(1) The President of Romania shall be elected by universal, equal, direct, secret an free suffrage.
(2) The candidate who, in the first ballot, obtained a majority of votes of the electors entered on the electoral lists shall be declared elected.
(3) In case no candidate has obtained such a majority, a second ballot shall be held between the first two candidates highest in the order of the number of votes cast for them in the first ballot. The candidate having the greatest number of votes shall be declared elected.
(4) No one may hold the office of President of Romania but for two terms of office at the most, that can also be consecutive.
ARTICLE 82 - Validation of mandate and oath-taking
(1) The election returns for the Presidency of Romania shall be validated by the Constitutional Court.
(2) The candidate whose election has been validated shall take before the Chamber of Deputies and the Senate, in a joint sitting, the following oath: "I solemnly swear that I will dedicate all my strength and the best of my ability for the spiritual and material welfare of the Romanian people, to abide by the Constitution and laws of the country, to defend democracy, the fundamental rights and freedoms of my fellow-citizens, Romania's sovereignty, independence, unity and territorial integrity. So help me God!"
ARTICLE 83 - Term of office
(1) The term of office of the President of Romania is five years, being exercised from the date the oath was taken.
(2) The President of Romania shall exercise his office until the new President-elect takes the oath.
(3) The term of office of the President of Romania may be prolonged, by an organic law, in the event of war or catastrophe.
ARTICLE 84 - Incompatibilities and immunities
(1) During his term of office, the President of Romania may not be a member of any political party, nor may he perform any other public or private office.
(2) The President of Romania shall enjoy immunity. The provisions of article 72 (1) shall apply accordingly.
ARTICLE 85 - Appointment of the Government
(1) The President of Romania shall designate a candidate to the office of Prime Minister and appoint the Government on the basis of the vote of confidence of Parliament.
(2) In the event of government reshuffle or vacancy of office, the President shall dismiss and appoint, on the proposal of the Prime Minister, some members of the Government.
(3) If, through the reshuffle proposal, the political structure or composition of the Government is changed, the President of Romania shall only be entitled to exercise the power stipulated under paragraph (2) based on the Parliament's approval, granted following the proposal of the Prime Minister.
ARTICLE 86 - Consultation with the Government The President of Romania may consult with the Government about urgent, extremely important matters.
ARTICLE 87 - Participation in meetings of the Government
(1) The President of Romania may participate in the meetings of the Government debating upon matters of national interest with regard to foreign policy, the defence of the country, ensurance of public order, and, at the Prime Minister's request, in other instances as well.
(2) The President of Romania shall preside over the Government meetings he participates in.
ARTICLE 88 - Messages The President of Romania shall address Parliament by messages on the main political issues of the nation.
ARTICLE 89 - Dissolution of Parliament
(1) After consultation with the presidents of both Chambers and the leaders of the parliamentary groups, the President of Romania may dissolve Parliament, if no vote of confidence has been obtained to form a government within 60 days after the first request was made, and only after rejection of at least two requests for investiture.
(2) During the same year, Parliament can be dissolved only once.
(3) The Parliament cannot be dissolved during the last six months of the term of office of the President of Romania, or during a state of mobilization, war, siege, or emergency.
ARTICLE 90 - Referendum
(1) The President of Romania may, after consultation with Parliament, ask the people of Romania to express, by referendum, their will on matters of national interest.
ARTICLE 91 - Powers in matters of foreign policy
(1) The President shall, in the name of Romania, conclude international treaties negotiated by the Government, and then submit them to the Parliament for ratification, within a reasonable time limit. The other treaties and international agreements shall be concluded, approved, or ratified according to the procedure set up by law.
(2) The President shall, on proposal by the Government, accredit and recall diplomatic envoys of Romania, and approve the setting up, closing down or change in rank of diplomatic missions.
(3) Diplomatic envoys of other states shall be accredited to the President of Romania.
ARTICLE 92 - Powers in matters ofdefence
(1) The President of Romania shall be Commander-in-Chief of the Armed Forces and preside over the Supreme Council of National Defence.
(2) He may declare, with prior approval of Parliament, partial or total mobilization of the Armed Forces. Only in exceptional cases shall the decision of the President be subsequently submitted for approval to Parliament, within five days of the adoption thereof.
(3) In the event of an armed aggression against the country, the President of Romania shall take measures to repel the aggression, and he shall promptly bring them to the cognizance of Parliament, by a message. If Parliament does not sit in a session, it shall be convened de jure, within 24 hours of the outbreak of the aggression.
(4) In the event of mobilization or war, the Parliament shall pursue its activity throughout the length of such states, and, if not in session already, it shall be de jure convened within 24 hours after such a state has been declared.
ARTICLE 93 - Emergency measures
(1) The President of Romania shall, according to the law, institute the state of siege or state of emergency in the entire country or in some territorial-administrative units, and ask for the Parliament's approval for the measure adopted, within 5 days of the date of taking it, at the latest.
(2) If Parliament does not sit in a session, it shall be convened de jure within 48 hours of the institution of the state of siege or emergency, and shall function throughout this state.
ARTICLE 94 - Other powers 1) The President of Romania shall also have the following powers: a) to confer decorations and titles of honour; b) to make promotions to the ranks of marshal, general and admiral; c) to make appointments to public offices, under the terms provided by law; d) to grant individual pardon.
ARTICLE 95 - Suspension from office
(1) In case of having committed grave acts infringing upon constitutional provisions, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in joint sitting, by a majority vote of Deputies and Senators, and after consultation with the Constitutional Court. The President may explain before Parliament with regard to imputations brought against him.
(2) The proposal of suspension from office may be initiated by at least one third of the number of Deputies and Senators, and the President shall be immediately notified thereof.
(3) If the proposal of suspension from office has been approved, a referendum shall be held within 30 days, in order to remove the President from office.
ARTICLE 96 - Impeachment
(1) The Chamber of Deputies and the Senate may decide the impeachment of the President of Romania for high treason, in a joint session, based on the votes of at least two thirds of the number of deputies and senators.
(2) The impeachment proposal may be initiated by a majority of deputies and senators and shall, without further delay, be notified to the President of Romania, so that he can give explanations about the facts he is being held accountable for.
(3) From the impeachment date and up to the dismissal date, the President is under de jure suspension.
(4) The jurisdiction for judging such cases shall belong to the High Court of Cassation and Justice. The President shall be dismissed de jure on the date the court decree impeaching him is final.
ARTICLE 97 - Vacancy of office
(1) Vacancy of the office of President of Romania shall be due upon his resignation, removal from office, permanent impossibility to discharge his powers and duties, or death.
(2) Within three months of the date when the Presidency of Romania fell vacant, the Government shall organize elections for a new President.
ARTICLE 98 - Interim of office
(1) In case of vacancy in the office of President, or if the President is suspended from office or is temporarily incapable to exercise his powers, the interim shall devolve, in this order, on the President of the Senate or the President of the Chamber of Deputies.
(2) Powers provided under Articles 88-90 shall not be exercised by the Acting President during the interim of the presidential office.
ARTICLE 99 - Liability of the Acting President
(1) If the person acting as President of Romania has committed grave acts infringing upon constitutional provisions, Articles 95 and 98 shall be applied accordingly.
ARTICLE 100 - Acts of the President
(1) In the exercise of his powers, the President of Romania shall issue decrees, which shall be published in the Official Gazette of Romania. Absence of publicity entails the non-existence of a decree.
(2) The decrees issued by the President of Romania in the exercise of his powers, as provided under Article 91 paragraphs (1) and (2), Article 92 paragraphs (2) and (3), Article 93 paragraph (1), and Article 94 subparagraphs a), b) and d) shall be countersigned by the Prime Minister.
ARTICLE 101 - Emolument and other rights The emolument and other rights of the President of Romania shall be established by law.

CHAPTER III - The Government

ARTICLE 102 - Role and structure
(1) The Government shall, in accordance with its government programme accepted by Parliament, ensure the implementation of the domestic and foreign policy of the country, and exercise the general management of public administration.
(2) In the exercise of its powers, the Government shall co-operate with the social bodies concerned.
(3) The Government consists of the Prime Minister, Ministers, and other members as established by an organic law.
ARTICLE 103 - Investiture
(1) The President of Romania shall designate a candidate to the office of Prime Minister, as a result of his consultation with the party which has obtained absolute majority in Parliament, or -unless such majority exists - with the parties represented in Parliament.
(2) The candidate to the office of Prime Minister shall, within ten days of his designation, seek the vote of confidence of Parliament upon the programme and complete list of the Government.
(3) The programme and list of the Government shall be debated upon by the Chamber of Deputies and the Senate, in joint sitting. Parliament shall grant confidence to the Government by a majority vote of the Deputies and Senators.
ARTICLE 104 - Oath of allegiance
(1) The Prime Minister, the Ministers and other members of the Government shall individually take an oath before the President of Romania, as provided under Article 82.
(2) The Government as a whole and each of its members shall exercise the mandate from the date of taking the oath.
ARTICLE 105 - Incompatibilities
(1) Membership of the Government shall be incompatible with the exercise of any other public office in authority, except for the office of a Deputy or Senator. Likewise, it shall be incompatible with the exercise of any office of professional representation paid by a trading organization.
(2) Other incompatibilities shall be established by an organic law.
ARTICLE 106 - Cessation of membership of the Government Membership of the Government shall cease upon resignation, dismissal, disenfranchisement, incompatibility, death, or in any other cases provided by law.
ARTICLE 107 - Prime Minister
(1) The Prime Minister shall direct Government actions and co-ordinate activities of its members, with the observance of the powers and duties incumbent on them. Likewise, he shall submit to the Chamber of Deputies or the Senate reports and statements on Government policy, to be debated with priority.
(2) The President of Romania cannot dismiss the Prime Minister.
(3) If the Prime Minister finds himself in one of the situations stipulated under Article 106, except for him being dismissed, or if it is impossible for him to exercise his powers, the President of Romania shall designate another member of the Government as Acting Prime Minister, in order to carry out the powers of the Prime Minister, until a new Government is formed. The interim, during the Prime Minister's impossibility to exercise the powers of the said office, shall cease if the Prime Minister resumes his activity within the Government.
(4) Provisions under paragraph (3) shall apply accordingly to the other members of the Government, on proposal by the Prime Minister, for a period of 45 days, at the most.
ARTICLE 108 - Acts of the Government
(1) The Government shall adopt decisions and ordinances.
(2) Decisions shall be issued to organize the execution of laws.
(3) Ordinances shall be issued under a special enabling law, within the limits and in conformity with the provisions thereof.
(4) Decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the Ministers who are bound to carry them into execution, and shall be published in the Official Gazette of Romania. Non-publishing entails non-existence of a decision or ordinance. Decisions of a military character shall be conveyed only to the institutions concerned.
ARTICLE 109 - Responsibility of members of the Government
(1) The Government is politically responsible for its entire activity only before Parliament. Each member of the Government is politically and jointly liable with the other members for the activity and acts of the Government.
(2) Only the Chamber of Deputies, the Senate and the President of Romania have the right to demand legal proceedings to be taken against members of the Government for acts committed in the exercise of their office. If such legal proceedings have been requested, the President of Romania may decree that they be suspended from office. Institution of proceedings against a member of the Government entails his suspension from office. The case shall be within the competence of the High Court of Cassation and Justice.
(3) Cases of liability, and penalties applicable to members of the Government shall be regulated by a law on ministerial responsibility.
ARTICLE 110 - End of the term of office
(1) The Government shall exercise its term of office until the validation of the general parliamentary elections.
(2) The Government shall be dismissed on the date the Parliament withdraws the confidence granted to it, or if the Prime Minister finds himself in one of the situations stipulatedunder article 106, except for him being dismissed, or in case of his impossibility to exercise his powers for more than 45 days.
(3) In situations such as under paragraph (2) the provisions of Article 103 shall apply accordingly.
(4) The Government whose term of office ceased in accordance with paragraphs (1) and (2) shall continue to fulfil only the acts required for the administration of public affairs, until the members of the new Government take the oath.

CHAPTER IV - Relations between Parliament and the Government

ARTICLE 111 - Information of Parliament
(1) The Government and the other bodies of public administration shall be obliged, within the parliamentary control over their activity, to present the information and documents requested by the Chamber of Deputies, the Senate, or parliamentary committees, through their respective presidents. In case a legislative initiative involves the amendment of the provisions of the State budget, or of the State social security budget, the request for information shall be compulsory.
(2) Members of the Government are entitled to attend the proceedings of Parliament. If they are requested to be present, participation shall be compulsory.
ARTICLE 112 - Questions, interpellations, and simple motions
(1) The Government and each of its members shall be bound to answer the questions or interpellations raised by the deputies or senators, under the terms stipulated by the regulations of the two Chambers of the Parliament.
(2) The Chamber of Deputies or the Senate may carry a simple motion expressing their position as to a matter of domestic or foreign policy or, as the case may be, a matter having been the subject of an interpellation.
ARTICLE 113 - Motion of censure
(1) The Chamber of Deputies and the Senate may, in joint sitting, withdraw the confidence granted to the Government, by carrying a motion of censure by a majority vote of the Deputies and Senators.
(2) The motion of censure may be initiated by at least one fourth of the total number of Deputies and Senators, and shall be notified to the Government upon the date of its tabling.
(3) The motion of censure shall be debated upon three days after its presentation in the joint sitting of the Chambers.
(4) If the motion of censure fails to be passed, the Deputies and the Senators who signed it may not submit another one during the same session, except for the case the Governmentassumes responsibility in conformity with Article 114.
ARTICLE 114 - Assumption of responsibility by theGovernment
(1) The Government may assume responsibility before the Chamber of Deputies and the Senate, in joint sitting, upon a programme, a general policy statement, or a bill.
(2) The Government shall be dismissed if a motion of censure, tabled within three days of the date of presenting the programme, the general policy statement, or the bill, has been passed in accordance with the provisions under Article 113.
(3) If the Government has not been dismissed according to paragraph (2), the bill presented, amended, or completed, as the case may be, with the amendments accepted by the Government, shall be deemed as passed, and the implementation of the programme or general policy statement shall become binding on the Government.
(4) In case the President of Romania demands reconsideration of the law passed according to paragraph(3), the debate thereon shall be carried in the joint sitting of the Chambers.
ARTICLE 115 - Legislative delegation
(1) Parliament may pass a special law enabling the Government to issue ordinances in fields outside the scope of organic laws.
(2) The enabling law shall compulsorily establish the field and the date up to which ordinances may be issued.
(3) If the enabling law so requests, ordinances shall be submitted to Parliament for approval, according to the legislative procedure, until the expiry of the enabling time limit. Non-compliance with the term entails discontinuation of the effects of the ordinance.
(4) The Government can only adopt emergency ordinances in exceptional cases, the regulation of which cannot be postponed, and have the obligation to give the reasons for the emergency status within their contents.
(5) An emergency ordinance shall only come into force after it has been submitted for debate in an emergency procedure to the Chamber having the competence to be notified, and after it has been published in the Official Gazette of Romania. If not in session, the Chambers shall be convened by all means within 5 days after submittal, or, as the case may be, after forwarding. If, within 30 days at the latest of the submitting date, the notified Chamber does not pronounce onthe ordinance, the latter shall be deemed adopted and shall be sent to the other Chamber, which shall also make a decision in an emergency procedure. An emergency ordinance containing norms of the same kind as the organic law must be approved by a majority stipulated under article 76 (1).
(6) Emergency ordinances cannot be adopted in the field of constitutional laws, or affect the status of fundamental institutions of the State, the rights, freedoms and duties stipulated in the Constitution, the electoral rights, and cannot establish steps for transferring assets to public property forcibly.
(7) The ordinances the Parliament has been notified about shall be approved or rejected in a law which must also contain the ordinance that ceased to be effective according to paragraph (3).
(8) The law approving or rejecting an ordinance shall regulate, if such is the case, the necessary steps concerning the legal effects caused while the ordinance was in force.

Constitution of Romania

General Principles
Fundamental Rights Freedoms and Duties
Common provisions
Fundamental Rights and Freedoms
Fundamental Duties
Advocate of the People
Public Authorities
Parliament
Organization and functioning
Statute of Deputies and Senators
Legislation
President of Romania
Government
Relations between Parliament and the Government
Public Administration
Specialized Central Public Administration
Local Public Administration
Judicial Authority
Courts of Law
Public Ministry
Superior Council of Magistracy
Economy and Public Finance
Constitutional Court
Euro Atlantic Integration
Revision of the Constitution
Final and Transitory Provisions
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