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{{short description|Fundamental governing document of Romania}}
{{Infobox document
|document_name = Constitution of Romania
|image = Monitorul Oficial al României. Partea I 2003-10-31, nr. 767.pdf
|image_caption = The current version of the Constitution of Romania, as published in the [[Monitorul Oficial|Official Gazette]] of 31 October 2003, following the approval of amendments in a [[2003 Romanian constitutional referendum|referendum]] on 18 October.
|date_created = 21 November 1991
|date_ratified = 8 December 1991
|location_of_document = 
|writer = [[Antonie Iorgovan]] et al.
|signers = 
|purpose = {{nowrap|To replace the Communist [[1965 Constitution of Romania|1965 constitution]]}}
|wikisource=Constitution of Romania}}
{{Politics and Government of Romania}}

The current '''Constitution of Romania''' is the seventh permanent [[constitution]] in modern [[Romania]]'s history. It is the fundamental governing document of Romania that establishes the structure of its government, the rights and obligations of citizens, and its mode of passing laws. It stands as the basis of the legitimacy of the Romanian government. Adopted on 21 November 1991, it was approved on 8 December 1991 in a [[1991 Romanian constitutional referendum|national referendum]] and promulgated on the same day.

The constitution was amended once by a [[2003 Romanian constitutional referendum|referendum]] on 18 October 2003. The new text took effect on 29 October 2003.

== Structure ==
The Constitution of 1991, as revised in 2003, contains 156 articles, divided into 8 titles:
* Title I - General principles
* Title II - Fundamental rights, liberties, and duties
* Title III - Public authorities
* Title IV -  The economy and public finance
* Title V - Constitutional Court
* Title VI - Euro-Atlantic integration
* Title VII - Revising the Constitution
* Title VIII - Final and transitional provisions

== Background ==
{{more citations needed section|date=December 2021}}

''[[Regulamentul Organic]]'', voted by the respective [[Sfatul boieresc|Assemblies]] of [[Moldavia]] and [[Wallachia]] under [[Imperial Russia]]n occupation in 1831–1832, was the first [[organic law]] resembling a constitution ever awarded to the [[Danubian Principalities]].<ref>[[Constantin C. Giurescu]], ''Istoria Bucureștilor. Din cele mai vechi timpuri pînă în zilele noastre'', Ed. Pentru Literatură, Bucharest, 1966, p. 123. {{in lang|ro}}</ref> It remained in place until 1858, when the [[Crimean War]] removed the two countries from Russian influence and confirmed the rule by several European powers first established by the [[Treaty of Paris (1856)|Treaty of Paris]];<ref>Stevan K. Pavlowitch, Istoria Balcanilor, Polirom, Iași, 2002 (translation of the English-language edition A History of The Balkans 1804–1945, Addison Wesley Longman Ltd., 1999), p. 56.</ref> the ''Paris Convention'' of 1858 remained the governing document following the election of [[Alexandru Ioan Cuza]] as ''[[Domnitor]]'' ([[prince|ruling prince]]) over the united countries (1859), but was replaced by Cuza's own organic law, entitled ''Statutul dezvoltător al Convenţiei de la Paris'' ("Statute expanding the Paris Convention"), in 1864. Although the newly minted state was nominally still a vassal of the [[Ottoman Empire]], it only acknowledged the suzerainty of the [[Sublime Porte]] in a formal way.

The [[1866 Constitution of Romania|first constitution]] of the [[Romanian United Principalities]] was adopted 1 July 1866. It was retained after Romania [[Kingdom of Romania|became a kingdom]] in 1881. After the extension of national territory in 1918, [[1923 Constitution of Romania|a new constitution]] was approved 29 March 1923. It was repealed by [[King of Romania|King]] [[Carol II of Romania|Carol II]] in 1938 and replaced with [[1938 Constitution of Romania|a corporatist/authoritarian document]] with the king's [[National Renaissance Front]] as the sole legal party. This document was, in turn, cancelled in 1940 by the [[National Legionary State]] government under [[Ion Antonescu]] and the [[Iron Guard]]. Antonescu broke his alliance with the Guard in 1941, and ruled by decree until his [[King Michael's Coup|overthrow]] in 1944. The 1923 constitution was reinstated pending the adoption of a new constitution (''see [[Romania during World War II]]'').

The monarchy was abolished in 1947. In March 1948, the [[1948 Constitution of Romania|first constitution]] of [[Communist Romania]] was adopted; it was heavily modeled on the [[1936 Constitution of the Soviet Union|Soviet constitution]].<ref name="Verzea">Mihaela Cristina Verzea, "Constituția RPR din 27 septembrie 1952" ("1952: The Constitution of People's Republic of Romania"), ''Dosarele Istoriei'', 8/2003, pp. 22-26</ref> Two other constitutions appeared during the Communist era, in [[1952 Constitution of Romania|1952]] and [[1965 Constitution of Romania|1965]] (the former "building socialism", the latter announcing the "socialism has won"<ref name="Verzea"/> and notably making the change from a ''[[people's republic]]'' to a ''[[socialist state|socialist republic]]''). Following the [[Romanian Revolution of 1989|collapse of the Communist regime]] in 1989, much of the 1965 document was suspended, though portions remained in effect until the present document was adopted in 1991.

== Initial version (1991) ==
The 1991 Constitution was composed by a committee of parliamentarians and constitutional law specialists; was approved by [[Parliament of Romania|Parliament]], meeting as a Constituent Assembly, by a vote of 414 to 95 on 21 November 1991, being published in ''[[Monitorul Oficial]]'' the same day; and was approved by referendum on 8 December 1991, with 77.3% voting in favour. The 1991 Constitution contains 7 titles and 152 articles. Romania is defined as a "national, sovereign, independent, unitary and indivisible state". The form of government is a republic, headed by a [[President of Romania|president]] who serves a four-year term and who is eligible for a second term. The president represents the Romanian state in domestic and foreign relations, ensures obedience to the constitution and the proper functioning of state institutions, and is the guarantor of the state's independence, unity and integrity. Parliament is "the supreme representative organ of the Romanian people and the sole lawmaking authority"; it is bicameral ([[Chamber of Deputies of Romania|Chamber of Deputies]] and [[Senate of Romania|Senate]]) and elected for four years. After the [[Prime Minister of Romania|prime minister]] is named by the president, Parliament validates the composition and programme of the Government and can dismiss it following a motion of censure. The constitution provides for fundamental civic rights and freedoms, and creates the office of [[Romanian Ombudsman]] to ensure these are respected.<ref name=":0">{{Cite book |last=Stan |first=Stoica |url=http://worldcat.org/oclc/299959363 |title=Dicţionar biografic de istorie a României |date=2008 |publisher=Ed. Meronia |isbn=978-973-7839-39-8 |page=94-95 |oclc=299959363}}</ref>

== First revision (2003) ==
[[Image:Cercul Militar Nat 2.jpg|thumb|A sign in front of [[Palace of the National Military Circle|Cercul Militar Național]] counts down to the "complete professionalization" of the Romanian military, that is, the end of conscription (May 2006).]]

The 1991 Constitution was [[2003 Romanian constitutional referendum|first amended in 2003]]. Articles were introduced on "Integration into the [[European Union]]" and "[[NATO]] Accession", bringing the total to 156 in 8 titles.<ref>{{Cite web|title=Constitute|url=https://www.constituteproject.org/constitution/Romania_2003?lang=en|website=www.constituteproject.org|language=en-US|access-date=2020-05-19}}</ref> These specified that both could take place by parliamentary vote alone, and that EU citizens living in Romania can vote and run in local elections. The revised constitution grants [[Minorities of Romania|minorities]] the right to use their native language when dealing with local administration and the courts, improves the functioning of the legislative chambers (better specifying their attributes) and restricts the privilege of [[parliamentary immunity]] to political declarations, extends the president's term to five years, explicitly "guarantees" rather than "protects" the right to private property and removes the constitutional obligation for [[conscription]] (which ended in 2006).<ref name=":0" /> The revised document was adopted by referendum on 18–19 October 2003; turnout was slightly above the 50%+1 threshold needed for it to be valid, with 55.7% of 17,842,103 eligible voters showing up. The opposition<ref>Mirela Luca, [http://www.zf.ro/articol_33330/opozitia_acuza_ca_referendumul_pentru_constitutie_a_fost_fraudat.html "Opoziția acuză ca referendumul pentru Constituție a fost fraudat" ("The Opposition Charges that the Constitutional Referendum was Rigged")]{{dead link|date=August 2017 |bot=InternetArchiveBot |fix-attempted=yes }}, ''Ziarul Financiar'', October 21, 2003.</ref> and [[Non-governmental organization|NGO]]s<ref>[http://www.mma.ro/Comunicate%20de%20presa/Constitutie_20oct2003.htm "Grave incalcări ale legii și nereguli organizatorice, produse la scară națională, cu ocazia referendumului din 18 - 19 octombrie" ("Serious violations of the law and organisational irregularities, produced on a nationwide scale, on the occasion of the referendum of 18 - 19 October 2003")] {{webarchive|url=https://web.archive.org/web/20091125114143/http://www.mma.ro/Comunicate%20de%20presa/Constitutie_20oct2003.htm |date=25 November 2009 }}</ref> alleged serious irregularities. 89.70% voted yes and 8.81%, no. It came into force ten days later.

== Proposed second revision ==
The issue of constitutional reform was raised repeatedly in the early 2010s, especially after a major [[2012 Romanian constitutional crisis|political crisis]] in the second half of 2012. The ruling coalition at the time, the [[Social Liberal Union]], claimed that insufficient constitutional constraints led then-incumbent President [[Traian Băsescu]] to abuse his presidential powers, thus justifying new amendments. A public debate began in 2013 and a Parliamentary Commission for the Revision of the Constitution was established. However, the reform project stalled as the Social Liberal Union dissolved in early 2014 and Băsescu ended his term later that year.<ref>{{cite web | url=http://www.juridice.ro/339492/mai-este-oportuna-revizuirea-constitutiei.html | title=Mai este oportună revizuirea Constituției? | access-date=22 January 2015}}</ref>

Băsescu's successor, [[Klaus Iohannis]], expressed support for a second revision of the Constitution, as did Prime Minister [[Victor Ponta]], who stated that such a revision should be a political priority in 2015, as there are no elections scheduled in Romania that year.<ref>{{cite web | url=http://www.mediafax.ro/politic/ponta-modificarea-constitutiei-trebuie-sa-devina-o-prioritate-in-2015-an-fara-presiuni-electorale-13707611 | title=Ponta: Modificarea Constituției trebuie să devină o prioritate în 2015, an fără presiuni electorale | work=[[Mediafax]]|date=8 December 2014|access-date=22 January 2015}}</ref><ref>{{cite web | url=http://www.digi24.ro/Stiri/Digi24/Actualitate/Politica/Iohannis+Revizuirea+Constitutiei+trebuie+facuta+in+perioada+urma | title=Klaus Iohannis: Revizuirea Constituției trebuie făcută în perioada următoare. Sunt și texte care au permis interpretări forțate |work=[[Digi24]]|date=8 December 2014| access-date=22 January 2015}}</ref> On 18 January 2015, the vice-president of the Parliamentary Commission, [[Valeria Schelean]], requested the immediate convocation of the commission to begin working on amendments.<ref>{{cite web | url=http://www.evz.ro/vicepresedintele-comisiei-pentru-revizuirea-constitutiei-valeria-scheleanpnl-cere-convocarea-rapida-a-lucrarilor-comisiei.html | title=Vicepreședintele comisiei pentru revizuirea Constituției Valeria Schelean(PNL) cere convocarea rapidă a lucrărilor comisiei | newspaper=[[Evenimentul Zilei]]|date=18 January 2015|access-date=22 January 2015}}</ref>

== 2018 referendum == 
{{See also|2018 Romanian constitutional referendum}}
On 6 and 7 October 2018 a [[2018 Romanian constitutional referendum|referendum]] took place regarding the definition of the family as provided by Article 48 of the Constitution (that defines the family as being founded on the free-willed marriage "between spouses"), to prohibit same-sex marriage. The referendum failed as the turnout was only 21.1%, below the required voter turnout threshold of 30%.

== See also ==
=== Former constitutions ===
* [[1866 Constitution of Romania|First Constitution of Romania]] (1866)
* [[1923 Constitution of Romania|Second Constitution of Romania]] (1923)
* [[1938 Constitution of Romania|Third Constitution of Romania]] (1938)
* [[1948 Constitution of Romania|Fourth Constitution of Romania]] (1948)
* [[1952 Constitution of Romania|Fifth Constitution of Romania]] (1952)
* [[1965 Constitution of Romania|Sixth Constitution of Romania]] (1965)

== References ==
{{reflist|30em}}

== External links ==
{{Wikisource|Constitution of Romania}}
* {{cite web |title=Senatul României |url=https://www.senat.ro/default.aspx?Sel=6B8B48EC-8CF6-4399-BED8-9C1D5B274576 |website=www.senat.ro}}
* {{in lang|ro}} [http://www.cdep.ro/pls/dic/site2015.page?den=act2_2&par1=0&idl=1 The Constitution of Romania, official untranslated version]
* {{in lang|en}} [http://www.cdep.ro/pls/dic/site2015.page?den=act2_2&par1=0&idl=2 The Constitution of Romania, official English translation]
* {{in lang|fr}} [http://www.cdep.ro/pls/dic/site2015.page?den=act2_2&par1=0&idl=3 The Constitution of Romania, official French translation]
* {{in lang|ro}} [http://www.cdep.ro/pls/dic/site2015.page?den=act1_1&par1=0&idl=0 The Constitution of Romania, 1991 version]
* {{in lang|en}} [https://www.cdep.ro/pdfs/constitutie_en.pdf The Constitution of Romania, 1991 version in English]
* {{in lang|fr}} [http://www.cdep.ro/pdfs/constitutie_fr.pdf The Constitution of Romania, 1991 version in French]

{{Romanian constitutions}}
{{Constitutions of Europe}}
{{Romania topics}}
{{Authority control}}

{{DEFAULTSORT:Constitution of Romania}}
[[Category:Constitutions of Romania| ]]
[[Category:1991 in law]]
[[Category:1991 in Romania]]
[[Category:History of Romania (1989–present)]]
[[Category:Law of Romania|Constitution 1991]]
[[Category:November 1991 in Europe]]
[[Category:1991 in politics]]