1938 CONSTITUTION — THE ROYAL HOUSE OF HOHENZOLLERN-SIGMARINGEN ROMANIA

The text of the 1938 Constitution is reproduced from "Monitorul Oficial", part I, no. 48 of 27 February 1938.

CAROL II,

By the grace of God and the national will,

KING OF ROMANIA,

To all the future and present, health:

The Roman people having given their leave, We decree as follows.

CONSTITUTION

Article 1

The Kingdom of Romania is a unitary and indivisible National State.

Article 2

The territory of Romania is inalienable.

Article 3

The territory of Romania may not be colonised by populations of foreign tribe.

Title II On the Duties and Rights of Romanians

Chapter 1 On the Duties of Romanians

Article 4

All Romanians, irrespective of their ethnic origin and religious faith, owe it to their country to regard it as the most important foundation of their purpose in life, to sacrifice themselves for the defence of its integrity, independence and dignity; to contribute by their work to its moral uplift and economic prosperity; to perform faithfully the public duties imposed on them by law and to contribute willingly to the fulfilment of the public duties without which the State cannot live.

Article 5

All Romanian citizens, regardless of ethnic origin and religious belief, are equal before the law, owing it respect and obedience.

No one may consider himself relieved of his civil or military, public or private duties on the basis of his religious or any other belief.

Article 6

No distinction of social class shall be admitted in the Roman State. Privileges in the settlement of gifts are abolished. The increases and reductions of taxes can only be general and established by laws.

Article 7

No Roman is permitted to advocate by word of mouth or in writing the change of the form of government of the State, the division or distribution of the wealth of others, exemption from taxation, or class warfare.

Article 8

It is forbidden for priests of any religious rite or creed to use their spiritual authority for political propaganda, both in and outside places of worship and official functions.

Political propaganda in places of worship or on the occasion of religious events is not permitted to anyone.

Any political association on religious grounds or pretexts is prohibited.

Apart from the persons, conditions and forms laid down in the laws, no one may take or take oaths of faith.

Article 9

The Romanian who, without prior authorization of the Government, enters any service of a foreign State, or joins a foreign military corporation, loses by right the Romanian citizenship.

Submission, for whatever time and from whatever fact it may result, to any foreign protection, entails the loss of Romanian citizenship by right.

The Romanian nationality lost in the conditions here indicated can only be regained by naturalisation.

Chapter 2 On the rights of Romanians

Article 10

Romanians shall enjoy freedom of conscience, freedom of work, freedom of education, freedom of the press, freedom of assembly, freedom of association and all freedoms from which rights derive under the conditions established by law.

Article 11

Romanian nationality shall be acquired by marriage, by filiation, by recognition and by naturalisation. Naturalization shall be granted by law on an individual basis; it shall not have retroactive effect. The wife benefits from the naturalization of her husband and the minor children from that of their parents.

Article 12

Individual freedom is guaranteed.

No one may be pursued or searched except in the cases and in the manner prescribed by law.

No one shall be detained or arrested except on the basis of a warrant which shall be served on him or her at the time of arrest or within 24 hours of arrest at the latest.

In the case of manifest guilt or urgency, detention or arrest may be effected immediately and the warrant shall be issued and served within 24 hours, in accordance with the preceding paragraph.

Article 13

No one shall be deprived, against his will, of the jurisdiction which the law shall give him.

Article 14

Domicile is inviolable.

No visit to the home may be made except by the competent authorities, in the cases and according to the forms prescribed by law.

Article 15

The death penalty shall be carried out in time of war in accordance with the Code of Military Justice.

The Council of Ministers may decide to apply the provisions of the preceding paragraph also in time of peace, for attempts against the Sovereign, Members of the Royal Family, Heads of foreign States and dignitaries of the mobile State in connection with the exercise of the functions entrusted to them, as well as in cases of robbery with murder and political assassination.

Article 16

Property of every kind, as well as claims both against private individuals and against the State, shall be inviolable and guaranteed as such.

Every person may freely dispose of his property in accordance with the rules laid down by law.

The goods that are part of the public domain are administered and may not be disposed of except according to the rules and in the manner established by law. No law may establish the punishment of confiscation of property, except in cases of high treason and embezzlement of public money.

No one can be expropriated except for a cause of public utility and after a just and prior compensation established by justice according to the laws. By cause of public utility can only be understood that which is of such a nature as to benefit at the same time all and everyone in an actual or eventual way.

Apart from cases of public utility for national defence, for works of military, sanitary or cultural interest, for land, water or air communication routes, for markets and public works provided for in the present laws, no other case can be established except by laws passed by both Assemblies by a two-thirds majority.

Article 17

The mining deposits and the subsoil riches of any kind are the property of the State. Exception shall be made for common rock masses, quarries of building materials and peat deposits, without prejudice to the rights acquired by the State on the basis of previous laws. A mining law shall determine the rules and conditions for the development of these assets, shall fix the rights of the owner, which shall be at least 50% of the royalty and of the price per hectare of the concession, and shall also indicate the power and extent to which they shall participate in the exploitation of these riches.

The rights won in favour of the State on the basis of the concession deeds concluded so far shall be respected.

Article 18

Large and small roads, lanes which are the responsibility of the State, counties, municipalities and communes, navigable or floating rivers and streams, shores, inlets to the shore and places from which the sea water has receded, natural or artificial harbours, banks where ships draw, atmospheric space, waters producing motive power for public use and, in addition, all property which is not private property, shall be considered as public property.

Article 19

Freedom of conscience is absolute.

The State shall guarantee to all religions equal freedom and protection, in so far as their exercise does not prejudice public order, morality and the security of the State.

The Christian Orthodox Church and the Greek Catholic Church are Romanian churches. The Orthodox Christian religion being the religion of the vast majority of Romanians, the Orthodox Church is the dominant church in the Roman State, and the Greek Catholic Church is independent of the other religions.

The Romanian Orthodox Church is and remains unattached to any foreign chiriarchate, while preserving its unity in dogma with the ecumenical Church of the East.

The spiritual and canonical matters of the Romanian Orthodox Church are the responsibility of a single central synodal authority.

The relations between the various cults and the State are the domain of special laws.

Article 20

The acts of civil status are the responsibility of civil law.

The drawing up of these acts must always precede the religious blessing, which is obligatory for all members of the cults.

Article 21

Education shall be free under the conditions laid down by special laws and in so far as it is not contrary to morality, public order and the interests of the State.

Primary education shall be compulsory. In State schools this education shall be free.

Article 22

The Constitution guarantees to everyone, within the limits and under the conditions of the law, the freedom to communicate his ideas and opinions to the public by speech, writing, images, sounds or any other means.

Article 23

The secrecy of letters, telegrams and telephone conversations is inviolable. Exceptions shall be made in cases where the judiciary is required to inform itself by law.

Article 24

Romanian citizens shall have the right to assemble peacefully and unarmed for the purpose of transacting all kinds of business, subject to the laws governing the exercise of this right.

Assemblies, processions and demonstrations on public roads or in the open are subject to the laws and police regulations.

Article 25

Any person shall have the right to petition the public authorities by petitions signed by one or more persons, but only in the name of the petitioners.

The constituted authorities alone have the right to petition on behalf of the collective.

Article 26

Romanian citizens have the right to associate, in accordance with the law.

The right of free association does not imply the right to create legal persons. The conditions under which legal personality is granted are established by law.

Article 27

Only Romanian citizens shall be eligible for public, civil and military offices and dignities, taking into account the majority and state-creating character of the Romanian Nation.

Foreign subjects may not occupy such offices, except in cases established by law.

Foreigners on Romanian soil enjoy the protection given by the laws to persons and property in general.

Only Romanians and naturalized Romanians may acquire and own rural real estate in Romania under any title. Foreigners will only be entitled to the value of these properties.

Article 28

Foreign decorations shall be worn by Romanians only with the authorization of the King.

Insignia, emblems, medals, as well as uniforms of any kind, may not be created, awarded, or worn without lawful approval.

Title III On the Powers of the State

Article 29

All the powers of the State emanate from the Romanian Nation.

But they can only be exercised by delegation and only according to the principles and rules laid down in the Constitution.

Article 30

The King is the Head of State.

Article 31

Legislative power is exercised by the King through the National Representation which is divided into two Assemblies: the Senate and the Assembly of Deputies.

The King sanctions and promulgates laws.

Before the Royal sanction is given, the law is not valid.

The King can refuse sanction.

No law can be subject to royal sanction until it has been discussed and voted on by a majority of both Assemblies.

The promulgation of laws voted by both Assemblies will be done by the Minister of Justice who is also the keeper of the Great Seal of the State.

The initiative of the laws is given to the King. Each of the two Assemblies may propose on its own initiative only laws in the public interest of the State.

The interpretation of authoritative laws is made only by the legislature.

No law or regulation of general or communal administration may be binding until it has been published in the manner determined by them.

Article 32

Executive power is entrusted to the King, who exercises it through His Government in the manner established by the Constitution.

Article 33

Judicial power shall be exercised by its organs.

Judicial decisions are pronounced by virtue of the law.

They shall be executed in the name of the King.

Chapter 1 About the King

Article 34

The constitutional powers of the King are hereditary in the direct and legitimate line of descent of His Majesty King Charles I of Hohenzollern Sigmaringen, from male to male by order of primogeniture and with the perpetual exclusion of women and their descendants.

His Majesty's descendants will be raised in the Orthodox religion of the Rising.

Article 35

In the absence of descendants in the male line of His Majesty King Charles I of Hohenzollern Sigmaringen, the succession to the Throne shall be due to the eldest of His brothers, or their descendants, according to the rules laid down in the preceding Article.

If none of the brothers or their descendants should be alive, or should declare beforehand that they do not receive the Throne, then the King may designate His successor from a sovereign dynasty of Western Europe, with the receipt of the National Representation given in the form prescribed in Article 36.

If neither occurs, the Throne is vacant.

Article 36

In the event of a vacancy of the Throne, both Assemblies shall immediately meet in a single Assembly even without convocation and, at the latest within eight days of their meeting, shall elect a King from a sovereign dynasty of Western Europe.

The presence of three-fourths of the members composing each of the two Assemblies and a two-thirds majority of the members present shall be necessary for this election to take place. If the Assembly has not been held within the time limit described above, then on the ninth day at noon the Assemblies assembled shall proceed to the election, whatever the number of members present and with an absolute majority of the votes.

If the Assemblies should be dissolved at the time of the vacancy of the Throne, it shall be proceeded with in the manner prescribed in the following article.

During the vacancy of the Throne, the assembled Assemblies shall appoint a Royal Lieutenant composed of three persons, who shall exercise the Royal powers until the King's accession to the Throne.

In all the above cases the vote shall be secret.

Article 37

On the death of the King the Assemblies shall meet even without convocation, at the latest ten days after the declaration of death.

If, by chance, they have been dissolved earlier and their convocation has been decided in the act of dissolution, for an epoch after the ten days, then the old Assemblies shall convene until the meeting of those who are to replace them.

Article 38

From the date of the King's death until the swearing-in of his successor to the throne, the constitutional powers of the King shall be exercised in the name of the Romanian Nation by the Ministers assembled in Council and under their responsibility.

Article 39

The King comes of age at the age of 18.

Upon his accession to the throne, he shall first take the following oath in the assembled assemblies: "I swear to uphold the Constitution and laws of the Romanian Nation, to maintain its national rights and the integrity of its territory".

Article 40

The King may appoint a Regent and two Supplicants who, after his death, shall exercise the Royal powers during the minority of his successor.

This appointment shall be made with the receipt of the National Representation, given in the form prescribed by Article 36 of the Constitution.

The Regent will also exercise the guardianship of the minor King.

If, on the death of the King, the Regent is not appointed and the successor to the Throne is a minor, both Assemblies assembled shall appoint the Regent and the two Supplicants, proceeding in the manner prescribed by Article 36 of the Constitution.

The Regent and his deputies shall not take office until they have taken the oath prescribed by Article 39 of the Constitution before both Assemblies.

In the event of the death of the Regent, the eldest Substitute shall take his place by right, and the procedure for the election of a new Substitute shall be as laid down in the preceding paragraph.

Article 41

If the King is unable to reign, the Crown Prince of Full Age alone shall take the Regency by right. If the Crown Prince is a minor, the Council of Ministers, after having legally ascertained that he is unable to reign, shall immediately convene a meeting of the Legislative Assemblies to decide.

Article 42

No amendment may be made to the Constitution during the Regency.

Article 43

The King may not also be Head of another State without the consent of the Assemblies.

None of the Assemblies may deliberate on this subject unless at least two thirds of their component members are present, and the decision may be taken only by two thirds of the votes of the members opposite.

Article 44

The person of the King is inviolable. His ministers are responsible.

The King's acts of State shall be countersigned by a Minister, who thereby becomes responsible for them.

The exception is the appointment of the Prime Minister which shall not be countersigned.

Article 45

The King convenes the Legislative Assemblies at least once a year, opening the session with a message, to which the Assemblies present their response.

Article 46

The King appoints and dismisses his Ministers.

He has the right to pardon or reduce punishments in criminal matters, apart from what is laid down for Ministers.

He may not suspend the course of prosecution or trial, nor interfere in any way with the administration of justice.

He appoints or confirms in public offices according to the laws.

He may not create a new office without a special law.

He makes the regulations necessary for the execution of laws, but he cannot amend laws and exempt anyone from their execution.

He may, during the time when the Legislative Assemblies are dissolved and in the interval between sessions, make in all respects decrees having the force of law, to be submitted to the Assemblies for ratification at their next session.

He is the Head of the Host.

He has the right to declare war and conclude peace.

He confers military ranks in accordance with the law.

He confers the Romanian decorations.

He accredits Ambassadors and Ministers Plenipotentiary to the Heads of Foreign States.

He has the right to mint coins, according to a special law.

He concludes political and military treaties with foreign states. Conventions necessary for trade, navigation and the like concluded by him, in order to have the force of law in the interior, must, however, be submitted to the Legislative Assemblies and approved by them.

Article 47

The civil list shall be determined by law.

Chapter 2 On National Representation

Article 48

The members of the Legislative Assemblies shall represent the Nation and shall not exercise their mandate until they have been sworn in by law.

Article 49

Each Assembly shall determine by its own rules or the manner in which it is constituted and exercises its powers.

Article 50

The validation of the elections for both Assemblies and the verification of the titles of the members belonging to each of them shall be made by the High Court of Cassation and Justice before the date fixed for the meeting of the Assemblies.

Article 51

No person may be a member of both Assemblies at the same time.

Article 52

Deputies and Senators, appointed by the executive power to a salaried office which they receive, automatically lose their mandate as representatives of the Nation.

This provision does not apply to Ministers and Undersecretaries of State.

Article 53

Members of the Legislative Assemblies may not defend private interests against the State; they may not sit on the Boards of Directors of enterprises which have contracted with the State, Counties or Municipalities.

Article 54

All decisions shall be taken by an absolute majority of votes, except in cases otherwise established by the Constitution.

In the event of a tie vote, the proposal shall be rejected.

Meetings of the Assemblies shall be held with half plus one of the number of members registered in the roll call.

Rule 55

Each member of the Assemblies shall have the right to put questions to the Ministers, to which they shall be obliged to reply within the time limit laid down in the Rules of Procedure.

Rule 56

No member of either Assembly may be prosecuted for opinions expressed or votes cast by him in the exercise of his mandate.

Article 57

No member of either Assembly may, during the session, be prosecuted or arrested for criminal offences, except with the authorisation of the Assembly of which he is a member, except in cases of flagrante delicto.

The detention or prosecution of any member of the Assembly shall be suspended during the session if the Assembly so requests.

Article 58

Each of the Assemblies shall deliberate and decide separately, except in the cases specified in the Constitution.

Article 59

The police of the Assemblies shall be exercised by the President of each of them, who alone, with the consent of the Assembly, may give orders to the guard concerned.

Article 60

The daily allowances of Members of Parliament and Senators shall be determined by law.

Section I About the Assembly of Deputies

Article 61

The Assembly of Deputies shall be composed of Deputies elected by Romanian citizens who are at least 30 years of age and who are actually engaged in an occupation falling into one of the following three categories:

1. Agriculture and manual work;

2. Trade and industry;

3. Intellectual occupations.

Election shall be by secret, compulsory and single-member ballot, by constituencies ensuring representation of the kind of occupation of the voters.

The electoral law shall determine the constituencies and shall lay down, in accordance with the above rules, the conditions required for being a voter, for men and women, the disqualifications, disqualifications, incompatibilities, the voting procedure and the guarantees of freedom of elections as well as the number of deputies.

The term of office is six years.

Article 62

In order to be eligible for election to the Assembly of Deputies it is required:

a) To be a Romanian citizen;

b) To have the exercise of civil and political rights and to actually practice the respective occupation of one of the three categories mentioned in the previous article, whose voters he/she is to represent;

c) Be at least 30 years of age;

d) To be domiciled in Romania.

Disabilities, temporary or permanent disqualifications and incompatibilities shall be established by electoral law.

Section II About the Senate

Article 63

The Senate shall be composed of Senators appointed by the King, of ex officio Senators and of Senators elected by compulsory, secret and single-member ballot by the members of the constituted bodies of the State, in the number and under the conditions, for voters and elegibles, men and women, to be established by electoral law.

The proportion of appointed Senators to elected Senators shall be one-half.

Article 64

By virtue of their high position in the State and the Church, the members of the Senate are by right:

a) The Heir to the Throne from the age of 18 years;

b) All Princes of the Royal Family, of full age;

c) the Patriarch and the Metropolitan of the Country;

d) The Eparchial Bishops of the Romanian Orthodox and Greek Catholic Churches, as elected according to the laws of the Country;

e) The heads of the confessions recognized by the State, one from each confession, as far as they are elected or appointed according to the laws of the Country and represent a number of more than 200,000 faithful;

f) The present Senators recognized by law up to the date of promulgation of the present Constitution.

The term of office of the ex officio Senators listed in paragraphs a to e inclusive shall cease with the office or dignity by virtue of which they hold it.

The term of office of appointed and elected Senators shall be nine years. The terms of office of elected Senators shall be renewed every three years from the date of the swearing-in provided for in Article 48 of the Constitution, in the proportion of one third. The last third not chosen by lot for renewal shall retain their mandates until the expiry of the nine-year term.

New elections shall be held for the mandates drawn by lot in accordance with the electoral law.

Chapter 3 On Government and Ministers

Article 65

The Government shall consist of Ministers and Undersecretaries of State.

Ministers exercise executive power in the name of the King, under the conditions laid down by the Constitution and on their own responsibility.

Ministers are politically accountable only to the King.

Article 66

The assembled Ministers form the Council of Ministers, which is presided over by the person who has been entrusted by the King with the formation of the Government and who bears the title of President of the Council of Ministers.

Ministerial Departments and Undersecretariats of State may only be established and abolished by law.

Article 67

Only a person who has been Romanian for at least three generations may be a Minister. Exceptions are those who have been Ministers until now.

Article 68

Members of the Royal Family may not be Ministers.

Article 69

Ministers and Undersecretaries of State who are not Members of the Assemblies may take part in the debate on laws but may not vote; the Assemblies may request the presence of Ministers at their deliberations. Debates may not begin without the presence of a Minister.

Article 70

The King and each of the Assemblies may request the prosecution of Ministers and refer them to the High Court of Cassation and Justice, which alone, in united sections, is entitled to try them. As regards the exercise of civil action by the injured party and as regards crimes and offences committed by them outside the exercise of their office, they shall be subject to the rules of ordinary law.

The Ministers shall be prosecuted by the Legislature by a two-thirds majority of the members of the front bench.

The instruction shall be made by a committee of the High Court of Cassation and Justice composed of five members drawn by lot in joint sections. This commission also has the power to qualify the facts and decide whether or not to prosecute.

The prosecution before the High Court of Cassation and Justice will be supported by the Public Prosecutor.

The Law on Ministerial Accountability determines the cases of liability and penalties applicable to Ministers.

Outgoing Ministers of Justice may not practise law for one year from the date of leaving office.

Outgoing Ministers may not sit on the boards of directors of companies with which they have concluded contracts during the following three years.

Article 71

Any party whose rights have been infringed by a decree or provision signed by a Minister, in violation of an express provision of the Constitution or of the laws in force, may claim from the State monetary compensation for the damage suffered, in accordance with ordinary law.

Chapter 4 On the Legislative Council

Article 72

The Legislative Council shall function on the basis of its organic law.

Consultation of the Legislative Council shall be mandatory for all draft laws, both before and after their amendment in committees, except for those concerning budgetary appropriations.

No regulation for the implementation of laws may be made without prior consultation of the Legislative Council, except in the case provided for in the following paragraph for draft laws.

Legislative Assemblies may proceed to discuss draft laws without waiting for the approval of the Legislative Council, if the latter does not give it within the time limit set by its organic law.

Chapter 5 On the Judiciary

Article 73

No jurisdiction may be established except under the power of a law.

Extraordinary Commissions and Tribunals may not be created, under any appointment or word, for the purpose of specific trials, whether civil or criminal, or for the purpose of trying specific persons.

Juries shall be abolished.

Article 74

There shall be one Court of Cassation and Justice for the whole Roman State.

Article 75

Only the Court of Cassation and Justice in united divisions has the right to judge the constitutionality of laws and to declare inapplicable those which are contrary to the Constitution. The judgement of the unconstitutionality of laws is only limited to the judged case.

The Court of Cassation and Justice will rule on conflicts of jurisdiction.

The right of appeal in cassation is constitutional.

Article 76

Judges are irremovable. Their irremovability shall be established by a special law to be enacted no later than six months after the promulgation of the present Constitution. During this period, disciplinary sanctions shall be applied by Royal Decree.

Article 77

Military justice shall be organised by law.

Article 78

Administrative litigation shall fall under the jurisdiction of the judiciary, according to special law.

The judiciary is not competent to judge acts of government as well as acts of military command.

Chapter 6 On County and Municipal Institutions

Article 79

Administrative institutions shall be established by law.

Title IV On Finance

Article 80

No tax of any kind may be established and levied except on the basis of a law.

Taxes may be imposed by law only for the benefit of the State, Counties, Municipalities and Public Institutions performing a State service.

Article 81

Monopolies may be established only by law and only for the benefit of the State, Counties and Municipalities.

Article 82

Pension funds or gratuities on the public treasury may be established only by virtue of a law.

Article 83

Every year the Legislative Assemblies shall close the accounts and vote the budget without being able to increase the proposed expenditure.

All revenues and expenditures of the State must be included in the budget and accounts.

If the budget is not voted in due time, the executive power shall meet the needs of public services by applying the budget of the previous year, without being able to go with that budget more than one year beyond the year for which it was voted.

Article 84

Preventive and management control of all State revenue and expenditure shall be exercised by the High Court of Auditors, which shall submit each year to the Legislative Assemblies a general report on the management accounts of the previous budget, pointing out any irregularities committed by the Ministers in its application.

The final settlement of accounts must be submitted to the Legislative Assemblies at the latest within two years of the end of each financial year.

A superior control body will have the task of supervising and examining the legality and correctness of the execution of management in all public services.

This body will operate under the Presidency of the Council of Ministers and will work under the orders of the Head of Government.

Article 85

All funds from the Special Houses, which the Government disposes of under various titles, must be included in the general budget of State revenues.

Article 86

For the whole of Romania there shall be a single Court of Accounts.

Article 87

Embezzlement of public money shall be considered a crime and punishable as such.

Title V On the Ostire

Article 88

All Romanian citizens are obliged to be part of one of the elements of the Ostira, according to the laws.

Article 89

Military ranks, decorations and pensions may be withdrawn only by virtue of a court sentence.

Article 90

The quota of the hostry shall be voted each year by the Legislative Assemblies.

Article 91

No foreign army troop may be admitted to the service of the State and may enter or pass through the territory of Romania except by virtue of a law.

Title VI General Provisions

Article 92

The colours of the flag of Romania shall be Blue, Yellow, Red, placed vertically.

Article 93

The residence of the Government shall be in the capital of the country.

Article 94

Romanian is the official language of the State.

Article 95

No oath shall be binding and cannot be enforced except in the power of a law, which shall determine its formula.

Article 96

The Constitution cannot be suspended in whole or in part.

In case of danger to the State, a general or partial state of siege may be established.

Title VII Revision of the Constitution

Article 97

The Constitution may be revised in whole or in part only on the initiative of the King and with prior consultation of the Legislatures, which shall also indicate the texts to be revised.

The consultation of the Legislative Assemblies shall be made by Royal Message and shall be expressed by a two-thirds majority of the Assemblies meeting in a single body under the chairmanship of the President of the Senate. The result of the consultation is brought to the King's attention by the Presidents of the two Assemblies accompanied by a special Commission.

The new texts, replacing the revised ones, are voted by a two-thirds majority of each Assembly.

Title VIII Transitional and final provisions

Article 98

All lands expropriated and distributed on the basis of the Old Kingdom Land Reform Law of 17 July 1921; the Basarabia Land Reform Law of 13 March 1920; the Transylvania, Banat, Crisana and Maramures Land Reform Law of 13 June 1921 and the Bucovina Land Reform Law of 30 July 1921, shall be respected as acquired rights and shall be governed, for any disputes relating to them now and in the future, by those laws.

The provisions of these laws inserted in Article 131 of the Constitution of 1923 remain constitutional.

All political rights acquired by virtue of the decree-laws ratified by Article 133 of the Constitution of 1923 shall be respected.

All existing codes and laws shall be revised with a view to unifying the legislation and bringing it into harmony with the principles of the present Constitution. Until then they remain in force. From the day of the promulgation of the present Constitution, those provisions of laws, decrees, regulations and any other acts which are contrary to the provisions of this Constitution shall be abolished.

The Constitution promulgated by Royal Decree No. 1360 of 28 March 1923 shall also be repealed from the day of promulgation of this Constitution.

The jury in criminal matters shall continue to function until the establishment of the Charles II Penal Code and the Code of Criminal Procedure in accordance with the principle established in Article 73 of the Constitution.

Until the convening of the Legislative Assemblies all decrees have the force of law without the need for ratification.

The Statute of the Royal Family has a constitutional character and can only be amended by the procedure for the revision of the Constitution.

Article 99

For the election of the Legislative Assemblies to be established on the basis of this Constitution, a Royal Decree with the force of law, under the conditions of Article 98, shall lay down the conditions required to be a voter and elected, in the Chamber and Senate, the electoral constituencies, the number of Deputies and Senators, the rules according to which the election shall be made.

This decree has a constitutional character and can only be amended by a two-thirds majority.

Article 100

The present Constitution, after being enacted by the King, shall be submitted to the Romanian Nation for <<good knowledge and approval>>.

A Royal Decree shall lay down the procedure to be followed for this purpose.

Once this operation has been completed and the result brought to the knowledge of the King by the President of the Council of Ministers, the Constitution shall be promulgated and enter into force.

ACT RECORDING THE VOTES CAST BY THE ROMAN PEOPLE ON THE PROPOSED PLEBISCITE OF 20 FEBRUARY 1938

We, the undersigned:

Alexandru N. Gane, First President of the Legislative Council,

Nicolae Badescu-Rosiori, Counsellor at the High Court of Cassation,

Eugeniu P. Banescu, Counsellor at the High Court of Cassation,

Gheorghe Drimba, Counsellor at the High Court of Cassation,

Corneliu Gheorghian, Counsellor at the High Court of Cassation,

who by decree of HIS MAJESTY CAROL II THE IIND KING OF ROMANIA, No. 902 of 20 February 1938, are appointed High Commission to investigate the vote given by the Roman People on the plebiscite proposed by HIS MAJESTY by proclamation of 20 February 1938, met at the Ministry of Justice on 25 and 26 February 1938 and examined the voting lists from all over the country and from the total number of 4. 303,064 (four million three hundred and three thousand sixty-four) of the voters we found that 4,297,581 (four million two hundred and ninety-seven thousand five hundred and eighty-one) had approved the plebiscite proposed by MAJESTY SA and only 5,483 (five thousand four hundred and eighty-three) had voted against it.

These we have found and confess before the Nation.

Done at Bucharest on Saturday the twenty-sixth day of February in the year one thousand nine hundred and thirty-eight.

We promulgate this Constitution and order it to be invested with the seal of the State and published in the;Monitorul Oficial.

Done at Bucharest, on the 27th day of February, 1938.

President of the Council of Ministers,

Minister Secretary of State at the Department of Finance

and ad-interim at the Department of Justice,

Ministers Secretaries of State,

Minister Secretary of State and ad-interim at the

Department of Foreign Affairs,

Minister Secretary of State at the Department

Department of Industry and Commerce,

Minister Secretary of State at the Department of Labour,