Romania

Civil lawUnitary semi-presidential republicReviewed· 2026-08-02

Capital: Bucharest
Population: 19,000,000
Languages: Romanian
Currency: RON

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Romania · Rights

Rights in Romania

What the atlas records on rights in Romania, checked against the primary sources cited below.

Rights

Constitutional rights with the ECHR ranking above statute

Reviewed· 2026-08-02

Article 20 gives ratified human rights treaties priority over domestic law where they are more favourable, which makes the ECHR directly usable in Romanian courts. The People's Advocate is the ombudsman and may refer statutes to the Constitutional Court.

Key rules

Human rights treaties prevail over inconsistent domestic statutes when more favourable.
The People's Advocate may bring an abstract challenge to a statute or ordinance.
The National Council for Combating Discrimination decides discrimination complaints and can fine.
Minority language rights apply in localities where a minority exceeds 20% of the population.

Governing law

Constitution, Title II (1991)Fundamental rights, freedoms and duties.
Law No. 35/1997 on the People's Advocate (1997)
Government Ordinance No. 137/2000 on discrimination (2000)

In practice

A CNCD complaint is free and must be lodged within a year of the act; its finding of discrimination is often the evidentiary basis for a later damages claim in court.

Sources

Rights

A 1991 constitution revised in 2003 with mandatory review of laws

Reviewed· 2026-08-02

The Constitution of 1991, revised in 2003, established a semi-presidential republic. The Constitutional Court reviews statutes before promulgation on referral by defined authorities, and reviews them after entry into force only through an exception raised in pending litigation.

Key rules

There is no direct individual complaint; the route is an exception of unconstitutionality inside a case.
A priori review is available to the President, parliamentary leaders, the government and the Ombudsman.
The court also resolves legal conflicts of a constitutional nature between public authorities.
Revision may never reduce existing fundamental rights and guarantees.

Governing law

Constitution of Romania (1991, revised 2003)
Law No. 47/1992 on the Constitutional Court (1992)

In practice

The exception must be raised before the trial court, which suspends nothing but refers the point to Bucharest, so it is a slow remedy used strategically rather than urgently.

Sources

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