CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT ) CPT is a competing project towards the project for the revision of the Constitution, achieved within the Parliament of Romania. CPT has been made through proper revision of the current Constitution of Romania ( by observing the constitutional provisions regarding the limits of the Constitution’s revision set by article 152 of the current Constitution of Romania) with the view of putting the present Constitution of Romania in accordance with the ideals of the Romanian Revolution of December 1989 ( RRD-1989.-new version

CONSTITUTIONAL GROUP “ TIMISOARA “
Headquarters: Timisoara, 2 Salciei str., stairs C, apt.2
Phone: 0256/446595
E-mail: forum.constitutional.timisoara@gmail.com
Web-site: www.lorin-fortuna.ro
No. 8 / 14.07. 2013
CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT )
CPT is a competing project towards the project for the revision of the Constitution, achieved
within the Parliament of Romania. CPT has been made through proper revision of the
current Constitution of Romania ( by observing the constitutional provisions regarding the
limits of the Constitution’s revision set by article 152 of the current Constitution of
Romania) with the view of putting the present Constitution of Romania in accordance with
the ideals of the Romanian Revolution of December 1989 ( RRD-1989.
Motto:
A “Constitution” of pseudo-law type generates, in consequence, a pseudo-State of law.
Part V
Title III: Public authorities of ‘powers of State’ type
Section II: Fundamental Institutions of “power of State”
Chapter III: Societal Administrative Institution (Societal Government)
Article 75 (continuation):
(9) The pensions of the ex-State employees, or private, or mixed (coming from institutions,
respectively joint companies, with joint majority State capital or majority private
respectively, are not taxed but only under special conditions, stipulated as such, at
legislative level (examples: war, necessity, calamity state).
(10) The social allowances, granted officially by the State to some needy, handicapped
persons, or for children’s raising, respectively for their sending to school, as well as for
other purposes, stipulated at the legislative level, in accordance with the specific of the
social State (as the Romanian State is provided to be, at the constitutional level, in Article
1), are not taxed.
(11) The meritocratic indemnities, at societal level, granted officially to the State
employees or to the employees of private companies, respectively of joint companies,
State-private, are not taxed.
(12) The meritocratic indemnities, associated to some meritocratic titles, respectively to
some meritocratic awards, granted officially by the Romanian State, stipulated as such at
legislative level, are not taxed.
Chapter IV: State Legislative Institution (Legislative Parliament)
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Article 76: Legislative Parliament
The Legislative Parliament carries out the drawing up activity as well as the amending
activity, respectively the revising activity (depending on the case) of the State Legislative
System, under the form of elaboration drafts, respectively amendment drafts, respectively
revision drafts, at the request of the legally authorized State institutions to make requests
to this end.
Article 77: Structure of the Legislative Parliament
(1) The Legislative Parliament is composed of 200 MPs, elected, in the frame of the general
Elections, every 6 years, by the State Citizens Electorate, at the level of district-county
electoral constituencies, from among the electoral candidates, proposed for this purpose
and pre-selected, exclusively, from among the State Patriotic Electorate.
(2) Within the Legislative Parliament there are established up to maximum 15 legislative
Committees (depending on the case), of which it cannot be missing: the Legislative
Committee for public, financial and fiscal administration; the Legislative Committee for
defense and public order; the Legislative Committee for industry and agriculture; the
Legislative Committee for trade and services to population; the Legislative Committee for
general, institutional and organizational legislation; the Legislative Committee for health
and social protection; the Legislative Committee for Population and Electorate reckoning
and for the Population consulting; the Legislative Committee for education and tuition; the
Legislative Committee for culture, art, tradition and patrimony; the Legislative Committee
for multimedia; the Legislative Committee for tourism, sports and leisure activities; the
Legislative Committee for protection of the natural and ambient environment; the
Legislative Committee for foreign and international collaborations; the Legislative
Committee for miscellaneous legislation.
(3) The Legislative Parliament is led by a management team made up of President, Vice
President and Secretary General, elected by the State Citizens Electorate, at the level of
state electoral constituency, as leading team, from among the electoral candidate teams,
to this end, the structure of which is pre-selected, beforehand, exclusively from the State
patriotic Electorate and that is added to the 200 electoral candidates, elected as MPs, thus
resulting a total of 203 component members of the Legislative Parliament.
(4) Other legislative provisions, necessary to be adopted, for the optimum functioning of
the Legislative Parliament, make the object of the constitutional Law related to the
Legislative Parliament.
Chapter V: State Moral Institution (Moral Parliament)
Article 78: Moral Parliament
The Moral Parliament achieves the activity of moral and ethical coordination of the
evolution, at social level, respectively at societal level, of the Romanian State as well as the
activity of verifying the way in which the State authorized institutions, respectively private,
respectively mixed, that have as main objective: the moral and ethical education of the
state Population, carry out their social and societal mission to contribute, in an optimum
way, to the forming of a social and societal conscience of the state Population, necessary as
main societal binder to the optimum existence and functioning of the Romanian State, as
civilized and meritocratic State, as well as other types of State, at societal level, provided to
exist and function, optimally, as such, at constitutional level (in Article 1).
Article 79: Structure of Moral Parliament
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The Moral Parliament consists of a number of moral MPs equal to the double number of
county-districts in which the state territory is divided, from administrative point of view
(including the country’s capital city, as county district), being led by a management team
made up of President,
Vice President and Secretary General, that is elected at team level, within the state
electoral constituency, while the other moral MPs are elected individually, within the
county-district electoral constituencies.
Article 80
Within the Moral Parliament it is established a number of maximum 10 specialized
Committees, of which it cannot be missing: the Moral Committee for adult Population; the
Moral Committee for young Population; the Moral Committee for infantile and adolescent
Population; the Moral Committee for old age Population; the Moral Committee for civil
servants; the Moral Committee for Citizens’ Population; the Moral Committee for Patriotic
Population; the Moral Committee for the organizing of official celebration events,
respectively commemoration events, at local, district and state level; the Moral
Committee for relations with institutions and organizations, at state, international and
world level, with the purpose of organizing official celebration actions, respectively
commemoration actions, at the previously mentioned levels.
Article 81
(1) The Moral Parliament selects, respectively accepts proposals, respectively approves
(depending on the case) the individual personalities, respectively collective, from the
Romanian State, respectively from other States, respectively from organizations of
international level, respectively from organizations of world level, to whom it follows to be
granted official honorary titles, respectively decorations (examples: orders, medals ) of the
Romanian State. In the selection of the individual personalities, respectively collective, of
international level, respectively of world level, are taken into consideration as a priority the
personalities who made themselves conspicuous, both by taking a stand and by concrete
deeds, publicly, for the setting up at international and world level of a climate of peace and
international co-operation, based on mutual state respect as well as on militancy in favor of
defending and promoting the basic principles of the civilized societies based on promoting
the force of law and not on imposing the right of force and especially not on imposing the
right based on economic aggression and even on military aggression with a view to
subjugating, oppressing and even state enslaving.
(2) The Moral Parliament proposes, respectively accepts (depending on the case) and
approves the individual personalities, respectively the collective personalities, from the
Romanian State to whom it follows to be granted official honorary titles of: citizen,
respectively patriot of the Romanian State.
(3) The Moral Parliament proposes, respectively accepts (depending on the case) and
approves the conferring of specific, meritocratic titles, from the societal point of view, at
individual level, of: Merited Personality, at local, district and state level.
(4) With a view to consolidating the associative environment, in order to develop and
strengthen the Romanian Civil Society, the Moral Parliament proposes, respectively accepts
(depending on the case) and approves the granting of specific meritocratic titles, at
collective, organizational level, of: Merited Organization, at local, district and state level.
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Article 82
The Moral Parliament comprises, in its activity, the coordination of elaborating history
works as well as works of encyclopedic type, in which to be presented the benefic role of
great individual personalities, respectively collective, of organizational, respectively state
type, in the benefic evolution, at state, continental and world level, of the Humankind, on
the one side, but also on the other side, the malefic role of some individual personalities,
respectively collective, of organizational, respectively state type, in the malefic evolution of
the Humanity, according to the specific appreciation of the Romanian State, expressed by
authorized specialists and accepted, as such, by the Moral Parliament, the respective works
following to be published and used officially in the public education and tuition system of
the Romanian State.
Article 83
The Moral Parliament can take notice and claim officially to the authorized justice
institutions of the Romanian State the denigration actions, appreciated by the Moral
Parliament as unjustified and respectively even insulting, subversive, mystifying and
falsifying (with the deliberate purpose of causing, by certain persons, respectively
organizations, respectively even States, hostile to Romania, moral prejudices as well as
image prejudices to the Romanian State), for the efficient fighting against and respectively
counteracting of the respective actions.
Article 84
Other legislative provisions, necessary for the optimum functioning of the Moral
Parliament, make the object of the constitutional law afferent to the Moral Parliament.
Chapter VI: National Council of Justice
Article 85: National Council of Justice
The National Council of Justice has the societal role of coordinating the achievement of
judicial justice within the Romanian State.
Article 86: Composition of the National Council of Justice
(1) The National Council of Justice consists of a number of component members equal to
twice the number of county-districts in which is divided the state territory, to which are
added another 3 members, who make up the management team composed of President,
Vice President and Secretary General.
(2) The management team is not elected at individual level within the county-district
constituencies but at electoral team level (composed of a judge, a prosecutor and a
representative of the other categories of judicial functionaries) within the state electoral
constituency.
(3) The other component members of the National Council of Justice are elected,
individually, in the following proportions: 50% judges, 20% prosecutors, 10%
lawyers/jurists, 10% notaries, 10% other professions (examples: court clerks, executors,
mediators) within the county-district electoral constituencies.
Article 87
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Within the National Council of Justice it is set up a number of maximum 10 specialty
Committees, of which it cannot be missing: the Committee for coordinating the judges’
activity; the Committee for coordinating the prosecutors’ activity; the Committee for
coordinating the lawyers’ and jurists’ activity; the Committee for coordinating the notaries’
activity; the Committee for coordinating the activity of other professions involved in justice
administering; the Committee for coordinating the judicial courts; the Committee for
coordinating the proposals of legislative revision; the Committee for specific relations of
collaboration and cooperation.
Article 88
The justice activity carries on within the framework of the Justice Tribunals, of
legislative type, organized at local level, respectively at county-district level,
respectively at province level (afferent to historical provinces of the Romanian
State: Muntenia, Moldova, Transilvania, Banat-Crisana, Oltenia, Dobrogea and
Bucharest city), respectively at state level.
Article 89
At Justice Tribunals’ level the justice activity is carried out within the specific Justice
Courts, of administrative, civil, penal type as well as of other types (depending on
the case), stipulated to exist, at legislative level.
Article 90
The justice activity, at constitutional level, is carried out within the Constitutional
Justice Tribunal.
Article 91
Other necessary provisions in view of optimum functioning of the National Justice
Council make the object of the Constitutional law afferent to the National Justice
Council, respectively of the Constitutional law afferent to the Constitutional Justice
Tribunal, respectively of the Constitutional law afferent to the Constitutional Court.
Chapter VII: Multimedia National Council
Article 92: Multimedia National Council
The Multimedia National Council has the societal role of coordinating the activity of
informing, education, enlightenment as well as of recreation of the state
Population, at media level, specific to multimedia, achieved through the afferent
State institutions, the informing having to be carried out correctly and fully,
especially in order that the citizens state Electorate, as collective representative
officially authorized at constitutional level, of the Romanian People ( as exclusive
holder of the national Sovereignty) to be able to exercise through referendum or
plebiscite (depending on the case), optimally, the national Sovereignty, specific to a
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State of law, democratic and meritocratic, at societal level, as the Romanian State is
stipulated to be, within the State Constitution.
Article 93: Structure of the Media National Council
The Media National Council is composed of a number of component members
equal to twice the number of existent county-districts at state level, who are
elected, at individual level, within the general Elections, in the county-district
electoral constituencies, to whom another 3 members are added that together
make up the management team, being elected, at team level, namely: President,
Vice President, Secretary General, who are elected, at team level, within the state
electoral constituency.
Article 94
Within the Multimedia National Council do function maximum 10 specialty
Committees, of which it cannot be missing: the Committee for coordinating the
activity of media institutions of auditory-visual type (television); the Committee for
coordinating the media institutions of auditory type (radio); the Committee for
coordinating the media institutions of printed type (press, magazines, publications);
the Committee for coordinating the media institutions of specific informatics
network type (example: Internet ); the Committee for coordinating the activity of
endowment and maintenance of the technological equipment of multimedia type;
the Committee for relations of collaboration and cooperation with other
institutions; the Committee for monitoring and checking up the quality of
information and programs broadcast by the institutions from within the Multimedia
National Council; the Committee for specific relations with authors, interpreters
and external collaborators; the Committee for coordinating the activity of own
musical, theatrical groups as well as of other specific ways of expression (examples:
interviews, feature reports, documentaries ).
Chapter VIII: Constitutional Court
Article 95: Constitutional Court
The Constitutional Court has the role of ensuring, at state level, the supremacy
and the observance, as Supreme Law, in a state, of the State Constitution, of
accomplishing the justice at constitutional level, within the Romanian State,
respectively of drawing up the legislative drafts, of legal level, specifically
constitutional, as well as the revision drafts, respectively the amending drafts of
the State Constitution (depending on the case) as well as to send them for
approval to the Legislative Parliament and then to forward them for final
approval and respectively for promulgation to the President of the Constitutional
Court.
Article 96: Structure of the Constitutional Court
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The Constitutional Court consists of a number of component members equal to
twice the number of county-districts in which is divided the state territory, elected
within the framework of general Elections, individually, in the electoral county-
district constituencies to which another 3 component members are added, who
make up the management team, composed of President, Vice President and
Secretary General and who are elected, at team level, within the state electoral
constituency.
Article 97
The members of the Constitutional Court who are elected, individually, as
component members of the respective institution, of ‘power of State’ type, should
be in a proportion of 60% judges by profession, respectively in proportion of 15%
prosecutors by profession, respectively in proportion of 10% defenders by
profession, respectively in proportion of 5% notaries by profession, respectively in
proportion of 5% of other professions, specifically juridical (stipulated as such at
legislative level), with a length of service of minimum 15 years of activity, in the
respective profession.
Article 98
Within the Constitutional Court it is set up a number of maximum 7 Specialty
Committees, of which it cannot be missing: the Committee for constitutional
legislation; the Committee for administrative legislation; the Committee for civil
legislation; the Committee for penal legislation; the Committee for miscellaneous
legislation; the Committee for judicial instances.
Article 99
The Constitutional Court approves, from the constitutional point of view, the
legislative drafts that were finalized, worked out by the Legislative Parliament,
before sending them for promulgation.
Article 100
The Constitutional Court gives the verdict on notifications of unconstitutionality,
signaled out, officially, by the authorized justice instances, at legislative level, to this
end, respectively on the aspects of legislative unconstitutionality about which it
proceeds to self-notification.
Article 101: Constitutional Justice Tribunal
(1) The Constitutional Justice Tribunal is integrated within the institution of ‘power
of State’ type: the Constitutional Court, having the societal role of achieving the
justice of constitutional level, by means of 3 constitutional justice Groups, each
consisting of 7 judges, 3 prosecutors, 3 defenders and 2 secretaries, appointed from
among the component members, elected individually, of the Constitutional Court,
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who make their choice voluntarily, to this end, selected in the descending order of
the number of votes by which they were elected, in the general Elections,
in order to become individual component members of the Constitutional Court.
(2) The justice sessions in the Constitutional Justice Tribunal are carried out by
justice panels, led by a session leader, who is also the President of the Judging
Instance, composed of maximum 5, respectively of minimum 3 instance judges,
respectively of maximum 2 prosecutors, of whom one is principal, respectively of
maximum 2 defenders, of whom one is principal, respectively of maximum 2
secretaries, of whom one is principal (depending on the case).
(3) The degree of importance of a justice trial, at constitutional level, by the
Constitutional Justice Tribunal, is set by the President of the Constitutional Court
who designates the type of judging Instance too (with 3 or 5 judges, depending on
the case), in conformity with the provisions of the Code of constitutional justice
proceedings, correlated with the provisions regarding the types of the claimed
offences, for which the indictment is required, in accordance with the provisions of
the Code of constitutional offences, specific to the Constitutional Justice Tribunal,
the selection of the justice panel being made by casting lots, under the supervision
of the President or the Vice President of the Constitutional Court, by the Secretary
General of the Constitutional Court, according to the established procedure, for this
purpose, at legislative level.
(4) The members of the management team of the Constitutional Court cannot be
component members of the justice Groups from within the Constitutional Justice
Tribunal.
(5) In conformity with the provisions of the Code of justice procedures, specific to
the Constitutional Justice Tribunal, from within the Constitutional Court, the justice
Sessions from the Constitutional Justice Tribunal, mentioned before, can be public
or non-public.
(6) The justice Panels, of constitutional level, from within the Constitutional
Justice Tribunal, carry out the justice, at constitutional level, based on a Code of
constitutional justice procedures, respectively on a Code of constitutional
offences and the decisions adopted by the constitutional judging Instances, from
within the Constitutional Justice Tribunal, in the justice trials, of constitutional
level, are final and irrevocable.
Article 102
Justice solicitations, at constitutional level, can be addressed to the Constitutional
Justice Tribunal, in order to be analyzed, respectively to be accepted for justice by
the authorized Instances from within the Constitutional Justice Tribunal, by the
institutions of ‘power of State’ type, from the Romanian State as well as by
population groups from the State population, that attach to the request in
question, a supporting list, completely and correctly made up, from the legislative
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point of view, including a minimum of 25.000 persons of full age, who are
inhabitants of the Romanian State.
Article 103
(1) The President, respectively the Vice President of the Constitutional Court
(depending on the case, stipulated at legislative level, in the Code of justice
procedures, specific to the Constitutional Justice Tribunal, mentioned before) can
approve the presence or even the intervention, in a trial judged within the
Constitutional Justice Tribunal, mentioned above, of a defender who is not a
member of the justice Panel afferent to the justice trial in question, at the request
of one of the parties involved in the respective justice trial.
(2) Other legislative provisions, necessary for an optimum achieving of the justice,
at constitutional level, in the Constitutional Justice Tribunal, mentioned above,
make the object of the constitutional Law afferent to the Constitutional Court,
respectively the object of the constitutional Law afferent to the Constitutional
Justice Tribunal.
( to be continued )
Lorin Fortuna
Head of the Constitutional Group “ Timisoara “
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