1.The Assembly has received a request for an opinion on the accession of Romania to the
Council of Europe (Doc. 6548) from the Committee of Ministers in pursuance of Statutory
Resolution (51) 30 A adopted by the Committee of Ministers on 3 May 1951.
2.It observes that democratic parliamentary elections were held in Romania on 27
September 1992 and that they were monitored by an ad hoc committee of the Assembly.
Presidential elections were held on the same day (first ballot) and on 11 October 1992
(second ballot).
3.It appreciates the contribution made by Romania to the work of the Council of Europe
both at parliamentary level since its parliament obtained special guest status on 1
February 1991 and at intergovernmental level since acceding to the European Cultural
Convention on 19 December 1991.
4.The Assembly attaches great importance to the commitment expressed by the Romanian
authorities to sign and to ratify speedily the European Convention on Human Rights and to
recognise the right of individual petition to the European Commission of Human Rights
(Article 25 of the Convention), as well as the compulsory jurisdiction of the European
Court of Human Rights (Article 46 of the Convention).
5.It appreciates the written declaration of the Romanian authorities in which they
commit themselves to basing their policy regarding the protection of minorities on the
principles laid down in Recommendation 1201 (1993) on an additional protocol on the rights
of national minorities to the European Convention on Human Rights, as well as the
commitments laid down in the letter dated 22 June 1993 of Mr Melescanu, Minister of
Foreign Affairs of Romania. It wishes the honouring of these commitments to be monitored
in accordance with Assembly Order No. 488 (1993).
6.In accordance with commitments made by the Romanian Parliament and authorities, as
well as the remarks and proposals contained in the reports of the committees concerned
with the application for membership, the Assembly calls the attention of the Romanian
authorities to the necessity of instituting separation of powers, guaranteeing the real
independence of the media, and ensuring the conditions for the free functioning of local
administrative bodies. The Assembly recommends that the Romanian authorities sign the
European Charter on Local Government as soon as possible.
7.It expects that Romania will shortly change its legislation in such a way that:
i.Article 19 of the Act on the organisation of the judiciary, and possibly other legal
provisions, will render it impossible in future for a minister to give instructions to
judge;
ii.Article 200 of the Penal Code will no longer consider as a criminal offence
homosexual acts in private between consenting adults.
8.The Assembly calls upon the Romanian Government to return property to the churches
and to permit the establishment and operation of church schools with a particular view to
teaching children of minority groups their mother tongue.
9.In accordance with commitments entered into by the Romanian authorities, the Assembly
urges them to implement improvements in conditions of detention. It also calls upon the
competent Romanian political leaders to reconsider in a positive manner the issue of
releasing those persons imprisoned on political or ethnic grounds.
10.The Assembly proposes that the Romanian authorities and the Romanian Parliament:
i.adopt and implement as soon as possible, in keeping with the commitments they have
made and with Assembly Recommendation 1201, legislation on national minorities and
education;
ii.make use of all means available to a constitutional state in order to combat racism
and anti-Semitism, as well as all forms of nationalist and religious discrimination and
incitement thereto.
11.The Assembly recommends that Romania sign the European Charter for Regional or
Minority Languages as soon as possible.
12.The Assembly considers that Romania is able and willing:
i.to fulfil the provisions of Article 3 of the Statute which stipulates that
"every member of the Council of Europe must accept the principles of the rule of law
and of the enjoyment by all persons within its jurisdiction of human rights and
fundamental freedoms";
ii.to collaborate sincerely and effectively in the realisation of the aim of the
Council of Europe as specified in Chapter I of this Statute, thereby fulfilling the
conditions for accession to the Council of Europe as laid down in Article 4 of the
Statute.
13.The Assembly therefore recommends that the Committee of Ministers, at its next
meeting:
i.invite Romania to become a member of the Council of Europe;
ii.allocate ten seats to Romania in the Parliamentary Assembly.
14.The Assembly also recommends that the Committee of Ministers encourage the Romanian
authorities to continue the efforts they have started to make in order to implement the
principles of the rule of law, the respect for minorities, the independence of the
judiciary and to take the measures which have been called for in the reports of the
Political Affairs Committee and the Committee on Legal Affairs and Human Rights, in
accordance with the requirements established by the Council of Europe.
Text adopted by the Assembly on 28 September 1993 (46th Sitting).
