Fact Check: The Romanian State DOES Exist Legally

Fact Check

  • by: Ioana Burtea
Fact Check: The Romanian State DOES Exist Legally Misinterpreted

Is the Romanian state illegitimate from a legal standpoint because it didn't have an establishing law to transition it from a communist state to a democratic one? No, that's not true: a state doesn't disappear because it changes political regime, and Romania's form of government, sovereignty and official name are established in its Constitution.

The claim appeared in a video (archived here) published by TikTok user @dmx990 on June 14, 2023, with following description:

Listen very carefully! The Romanian state does not exist, it was not estabilished.

This is what the post looked like on TikTok at the time of writing:

Screenshot 2023-06-15 at 14.39.43.png

(Source: TikTok screenshot taken on Thu Jun 15 11:41:53 2023 UTC)

The claim was made by a former military officer named Simona Fica, known on social media and on TV as Raisa Ekaterina Ivatenko, and is based on a misinterpretation of a 1947 law that established the existence of the socialist state Romania - but this was necessary following a world war that modified the country's borders and the abdication of Romania's king, which changed its form of government.

Further changes to the political regime or name of the country were included in the constitution, which is the fundamental legal and political law of any country.

The current constitution, updated in 2003, clearly states that "Romania is a national, sovereign and independent state" and that its "form of government is the republic", meaning that it incorporated the change of political regime after 1989 - before that, the Constitution of 1965 defined the country as a "socialist republic."

Simona Fica is known for her explosive and unproven statements in the media, like the time she claimed that a Romanian pharma company was producing drugs and the owner of the company faked his death to hide in Venezuela. As a result of these statements she was fired from her position as an adviser to a parliamentarian and rebuilt her career in TV.

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  Ioana Burtea

Ioana Burtea has worked in journalism for 15 years. She started her career at Mediafax news agency in Bucharest and has written for DoR magazine for over seven years. Her collaborations include publications like Europe & Me, New Eastern Europe, Balkan Insight and Washington Post. Ioana published pieces on the justice system in Romania, social affairs, politics and personal essays. In 2018,  she became a fellow of the Balkan Investigative Reporting Network.  In 2021, she received the first prize in the Portrait category at the national Superscrieri journalism awards.

Read more about or contact Ioana Burtea

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