2016

Corneliu Liviu Popescu, Professor, Ph.D., Faculty of Law, University of Bucharest, Romanian Law Between the Warsaw Pact and NATO

Abstract: From1955 to 1992, Romania was a member of the Warsaw Pact, and since 2004 it has been a member of NATO. From a constitutional standpoint, the communist constitutions contained no explicit provision regarding Romania’s membership in the Warsaw Pact. Instead, the revolutionary legislative acts with constitutional force enacted in December 1989 (paradoxically originating from a revolutionary power that claimed to be anti-communist) proclaimed Romania’s membership in the Warsaw Pact. This constitutional obligation was abolished in 1991 with the entry into force of the post-communist democratic Constitution, which contained no provisions on the matter and repealed the revolutionary acts with constitutional status. Paradoxically, the 2003 constitutional amendment, which explicitly introduced provisions regarding Romania’s accession to NATO, also reinstated the constitutional status of the revolutionary acts, transforming Romania’s membership in the Warsaw Pact into an ideal of the Romanian state, even though Romania is a member of NATO and even though the communist European political-military organization was dissolved long ago.

Keywords:Warsaw Pact Organization. NATO. Romanian constitutions. Political and military organizations. Romania's membership.